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ARTICLE 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
Entrepreneur: the natural of legal person providing distance products and/or services to consumers;
Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the entrepreneur;
Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the Entrepreneur for distance sale of products and/or services;
Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;
Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period;
Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
Long-term data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
Parties: before mentioned Entrepreneur and Consumer.
ARTICLE 2 – The Entrepreneur’s identity
Sarwary Holding B.V.
Stollenbergweg 76
Berg en Dal, The Netherlands
E-mail address: [email protected]
Chamber of Commerce number: 74464760
VAT identification number: NL859912073B01
ARTICLE 3 – Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise;
4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.
ARTICLE 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer.
This involves in particular:
− the price, including taxes;
− any delivery costs, if applicable;
− the way in which the agreement will be concluded, and what actions are needed to establish this;
− whether or not the right of withdrawal is applicable;
− the form of payment, delivery or performance of the contract;
− the time frame for accepting the offer, or, as the case may be, the time frame for honoring the price;
− the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
− if the contract is filed after conclusion, how the Consumer can consult it;
− the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the contract is concluded;
ARTICLE 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact for any complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
6. If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
ARTICLE 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.
When providing services
3. When providing services, the Consumer has the option to repudiate the contract without specifying any reasons, for a period of at least 14 days starting on the day of concluding the contract.
4. To exercise the right of withdrawal, the Consumer shall follow the reasonable and clear instructions given by the Entrepreneur in this context during the offer and/or before the delivery.
ARTICLE 7 – Costs in case of withdrawal
1. Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer´s expense.
2. If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
ARTICLE 8 – Exclusion of the right of withdrawal
1. If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were realized according to the Consumer’s specifications;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the Consumer has broken the seal;
3. Exclusion of the right of withdrawal is only possible for services
a. regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;
b. of which the provision has been started with the Consumer’s explicit consent before the expiration of the cooling-off period;
c. regarding betting and lotteries;
ARTICLE 9 – The price
1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
ARTICLE 10 – Conformity and Guarantee
1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the law and/or the distance contract.
ARTICLE 11 – Delivery and execution
1. The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the company.
3.With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer.
ARTICLE 12 – Termcontracts: duration, termination and renewal
Notice
1. Regarding an indefinite contract, which extends to the regular delivery of products (including electricity) or services the consumer may terminate at any time in compliance to the applicable termination rules and a notice of up to one month.
2. Regarding a definite contract, which extends to the regular delivery of products (electricity included) or services the consumer can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice of at the most one month.
3. Consumers can cancel the agreements mentioned in the preceding paragraphs:
– Cancel at any time and not be limited to termination at a particular time or in a given period;
– At least cancel the same way as they are entered into by the consumer;
– Cancel at the same notice as the company has negotiated for itself.
Extension
4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a maximum of three months if the consumer agreement that has been extended towards the end of the extension may be terminated with a notice of up to one month.
6. A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may cancel at any time with notice of one month and a notice of up three months if the contract is about regularly, but less than once a month, delivering daily, news and weekly newspapers and magazines.
7. Agreements with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is terminated automatically and not tacitly continued after the trial or introductory
Duration
8. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month prematurely, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
ARTICLE 13 – Payment
1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
2. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
3. In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
ARTICLE 14 – Complaints procedure
1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
3. The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
ARTICLE 15 – Disputes
1. Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (Den Haag) (www.sgc.nl) with due observance of the provisions set out below.
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to the Entrepreneur within a reasonable period.
5. When the consumer wants to submit a dispute to the Geschillencommissie, the member is bound by this choice. When the entrepreneur wants to file the dispute to the Geschillencommissie, a consumer must speak out in writing within five weeks after a written request made by the member whether he so desires or wants the dispute to be dealt with by the competent court. Doesn’t hear the member the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission. A decision of the Geschillencommissie is a binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business activities.
8. If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, this other Disputes Committee is exclusively competent.
ARTICLE 16 – Disputes
1) The parties are not be required to comply with any obligation if prevented from doing so as a result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views.
2) In these general conditions, force majeure is defined – in addition to that which is deemed as such by law and legal precedent – as all circumstances, foreseen or unforeseen, that are beyond the control of the Entrepreneur but which prevent the Entrepreneur from meeting his obligations. That includes strikes at the Entrepreneur’s business.
3) The Entrepreneur shall also be entitled to invoke force majeure if the circumstance preventing (further) compliance occurs after the Entrepreneur should have met his obligations.
4) The parties can suspend their contractual obligations during the period of force majeure. If the period of force majeure lasts for longer than two months, either party shall be entitled to dissolve the contract without being obliged to pay any compensation for damages to the other party.
5) If the Entrepreneur has already partly met or will partly meet his contractual obligations when the period of force majeure begins and independent value can be attached to the obligations complied with or to be complied with, the Entrepreneur reserves the right to separately charge for the obligations already complied with or to be complied with. The Consumer is obliged to pay that charge as though it were a separate contract.
ARTICLE 17 – Confidentiality
1) Both parties are obliged to protect the confidentiality of all confidential information that they obtain from each other or from other sources in the context of their contract. Information is deemed to be confidential if the other party has been informed that is the case or if that is apparent from the nature of the information.
Article 18: Intellectual property and copyrights
1) Notwithstanding the other provisions of these general terms and conditions, the Entrepreneur reserves the rights and powers enjoyed by the Entrepreneur under the Netherlands Copyright Act.
2)All reports, guides, recommendations, contracts, designs, sketches, drawings, software, video’s, etc., issued by the Entrepreneur are exclusively designated for the Consumer’s use and the Consumer may not, without the prior permission of the Entrepreneur, reproduce them, publicize them or communicate them to third-parties unless otherwise determined by the nature of the documents issued.
3) The Entrepreneur reserves the right to use information received through the implementation of the work for other purposes provided that doing so does not result in confidential information being disclosed to third-parties.
ARTICLE 19 – Indemnification
1) The Consumer indemnifies the Entrepreneur against claims of third-parties regarding intellectual property rights on materials or information issued to the Consumer and which are used during implementation of the contract.
2) If the Consumer issues the Entrepreneur with information carriers, electronic files or software, etc., he guarantees that the information carriers, electronic files or software are free of viruses and defects.
3) The Consumer indemnifies the Entrepreneur against claims of third-parties regarding losses related to or arising from the order implemented by the Entrepreneur if and insofar as the Entrepreneur is not liable to the Consumer in that respect by virtue of the provisions of article 16.
Most recently changed on July 25th, 2020
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