Terms and Conditions
Terms and Conditions
These General Conditions of the Dutch Home Shopping Organization were drawn up in consultation with the Consumer in the context of the Self ( CZ) of the Social and Economic Council and entered into force on 1 January 2014.
These Terms will be used by all members of the Dutch Home Shopping Organization except for financial services as defined in the Financial Supervision Act and to the extent that these services are supervised by the Financial Markets Authority .
Table of Contents :
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Duration Trades : duration , termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Warranty Industry
Article 17 - Additional or different terms
Article 18 - Amendments to the General Conditions IDIS
Article 1 - Definitions
In these terms and conditions shall apply:
1.Bedenktijd : the period within which the consumer can exercise his right of withdrawal;
2.Consument : the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
3.Dag : calendar;
4.Duurtransactie : a distance contract concerning a range of products and / or services , the supply and / or purchase is spread over time;
5.Duurzame data carrier : any means that the consumer or business that enables information addressed personally to him to store in a way that facilitates future consultation and unaltered reproduction of the stored information;
6.Herroepingsrecht : the ability for the consumer to waive the distance contract within the cooling-off period;
7.Ondernemer : the natural or legal person who is a member of the Dutch Home Shopping Organization and products and / or remote services and consumer services;
8.Overeenkomst distance : an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services , to conclude the agreement exclusive use of one or more communication techniques distance ;
9.Techniek distance communication : means that can be used to conclude a contract , without the consumer and trader being in the same room ;
Article 2 - Identity of the trader
Name entrepreneur: CarCosmetics BV
Street Address:
Laagsteen 17
4815 PH Breda
Visiting address:
Laagsteen 17
4815 PH Breda
Phone : 076-5430808
Access: From Monday / Friday from 9:00 am to 18:00 pm
E - mail address : [email protected]
Chamber of Commerce number : 20106159
VAT identification number : NL8107.88.536B01
If the activity of the entrepreneur is subject to a relevant licensing regime: information about the supervisory authority :
If the operator of a regulated profession:
• the professional association or organization with which he is connected ;
• the professional, the place in the EU or the European Economic Area in which it is awarded;
• a reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed.
Article 3 - Applicability
1.These terms and conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers.
2.Before the distance contract is concluded, the text of these general conditions made available to the consumer . If this is not reasonably possible, before the distance contract is concluded , indicated that the general conditions for the entrepreneur to see and they will be sent . As soon as possible free of charge to the consumer
3.If the distance contract is concluded electronically, the text of these terms and conditions are set in such a way that the consumer has to electronically Notwithstanding the preceding paragraph and before the distance contract is concluded , consumers can be stored on a durable medium . in a simple way If this is not reasonably possible, before the distance contract is concluded , indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
4.For the case that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him is most favorable.
Article 4 - The offer
1.If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2.The offer includes a complete and accurate description of the products and / or services . The description is sufficiently detailed to allow . Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services . Obvious mistakes or errors in the offer does not bind the entrepreneur.
3.each offer contains such information that is clear to the consumer what rights and obligations are attached . To the acceptance of the offer This concerns in particular:
◦ the price including taxes ;
◦ any costs of delivery;
◦ how the agreement will be achieved and what actions are required ;
◦ whether to apply the right of withdrawal ;
◦ the method of payment , delivery or performance of the contract;
◦ The deadline for accepting the offer , or the deadline for adhering to the price ;
◦ the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate of communication;
◦ whether the agreement after the adoption is filed , and how to consult these consumers if so ;
◦ the way the consumer , for the conclusion of the contract , the information provided by him under the agreement can check and repair if required ;
◦ any other languages, including Dutch , the contract can be concluded;
◦ the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically ;
◦ the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The contract
1.De agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
2.If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer . Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
3.If the agreement is created electronically , the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment . If the consumer can pay electronically, the trader will take suitable security measures.
4.De entrepreneur can - within the law - to inform or to satisfy the consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract . If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to bind . Implement special conditions
5.De entrepreneur will the product or service to the consumer the following information , in writing or in such a way that it can be stored on a durable medium , enclose the consumer in an accessible manner:
1.The physical address of the establishment of the business where the consumer
can lodge complaints;
2.de conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal ;
3.de information about guarantees and after sales service existing ;
4.de data included in Article 4 paragraph 3 of these conditions, unless the trader has provided before the execution of the agreement this information to the consumer;
5.de requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
6.In case of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal
When delivering products:
1.When purchasing products, the consumer without giving any reason within 14 days . The option contract This period commences on the date of receipt of the product by the consumer or designated in advance by the consumer and the entrepreneur announced representative.
2.During period the consumer will treat the product and packaging . He will only unpack the product to the extent of use to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal , he shall return the product with all accessories and - return in the original condition and packaging to the operator , in accordance with the reasonable and clear instructions provided by the trader - if reasonably possible .
When providing services :
3.The provision of services, the consumer can cancel the contract without giving any reason to dissolve for at least fourteen days , starting on the day of entering into the agreement.
4.Om make use of his right of withdrawal , the consumer will focus on the supply and / or before the relevant provision provided by the operator reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
1.If the consumer exercises his right of withdrawal, the cost of return borne by Car Coametics.
2.If the consumer has paid an amount, the entrepreneur this amount as soon as possible , but no later than 30 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal
1.De operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3 . The exclusion of the right of withdrawal applies only if the trader for the conclusion of the agreement, stated . Clearly in the offer , at least in time
2.Uitsluiting the right of withdrawal is only possible for products :
1.they to have been made to the specifications of the consumer by the trader ;
2.Die clearly personal in nature ;
3.they can not be returned because of their nature ;
4.die rapidly decay or become obsolete ;
5.waarvan price depends on fluctuations in the financial market over which the trader has no influence ;
6.for individual newspapers and magazines;
7.For audio and video recordings and computer software of which the consumer has broken the seal.
3.Uitsluiting the right of withdrawal is only possible for services :
1.betreffende to carry on a certain date or during a certain period of accommodation, transport, catering or leisure ;
2.for the supply with the express consent of the consumer before the period has expired;
3.betreffende betting and lotteries.
Article 9 - The price
1.Gedurende the period mentioned in the offer, the prices of the products and / or services have not increased , except for price changes due to changes in VAT rates.
2.In Notwithstanding the preceding paragraph, the operator may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence , at variable prices . These fluctuations and the fact that any price targets, are stated in the offer.
3.Prijsverhogingen within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4.Prijsverhogingen 3 months after the contract was concluded are only permitted if the trader stipulated as much and :
1.This result from legislation or regulations , or
2.de consumer has the power to terminate as of the date the increase takes effect.
5.De in the supply of products or services mentioned prices include VAT.
Article 10 - Conformity and Guarantee
1.De trader guarantees that the products and / or services meet the contract specifications stated in the offer , the reasonable requirements of reliability and / or usability and the existing laws on the date of the conclusion of the agreement provisions and / or government regulations . If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2.A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may apply . Under the contract against the trader
Article 11 - Delivery and execution
1.De trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2.If place of delivery is the address that the consumer has . Known to the company
3.With regard to what is stated in Article 4 of these terms and conditions , the company accepted orders expeditiously but within 30 days , unless a longer period has been agreed . If the delivery is delayed, or if an order can not be carried out only partially, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4.In case of dissolution in accordance with the preceding paragraph, the trader the amount the consumer as quickly as possible , be paid no later than 30 days after repudiation.
5.If delivery of an ordered product proves impossible , the trader will endeavor to provide a replacement item available . Before the delivery will be notified that a replacement item is delivered . Clear and comprehensible manner For replacement items right of withdrawal can not be excluded . The cost of return shipment are borne by the entrepreneur.
6.The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative , unless otherwise expressly agreed .
Article 12 - Duration Trades : duration , termination and renewal
notice
1.De consumer may contract for an indefinite period, which extends to the regular delivery of services terminate at any time in compliance with the applicable termination rules and a notice of one month.
2.De consumer may contract concluded for a definite period, which extends to the regular delivery services , at any time at the end of the fixed term denounce the applicable termination rules and a notice of one month.
3.De consumer contracts as described in the preceding paragraphs :
◦ Cancel at any time and not be limited to termination at any particular time or in a given period;
◦ terminate them in the same way as they are concluded;
◦ Cancel at the same notice as the company has negotiated for itself.
extension
4.A contract is concluded for a definite period, which extends to the regular delivery of services should not be tacitly renewed or extended for a specified period.
5.In Notwithstanding the preceding paragraph, an agreement has been concluded for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines will be extended for a specified period of up to three months , if the consumer extended tacitly agreement by the end of the extension may terminate with notice of one month.
6.A agreement concluded for a definite period, which extends to the regular delivery of services may be extended if the consumer may cancel a notice period of one month at any time for an indefinite duration only tacitly , and a notice of up three months under the agreement extends to the regular , but less than once a month , delivering daily news and weekly newspapers and magazines.
7.A fixed term contract until the regular delivery of daily news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued ends automatically after the trial or introductory.
expensive
8.If a contract has a duration of more than one year , the consumer may cancel the contract after a year at any time with a notice period of one month, unless the reasonableness and fairness the termination before the end of the agreed term resist.
Article 13 - Payment
1.Voorzover not otherwise agreed , the amounts owed by the consumer to be paid within 14 days after the start of the withdrawal period referred to in Article 6, paragraph 1 . In case of an agreement to provide a service, such period shall begin upon receipt . Consumers confirmation of the agreement
2.When the sale of products to consumers are stipulated . In terms never a prepayment of more than 50 % If payment is agreed , the consumer may not assert any rights regarding the execution of the order or service ( s) before the advance payment has been made.
3.De consumer has the duty to report . Inaccuracies in data supplied or specified payment immediately to the operator
4.In the event of default by the consumer , the operator subject to legal restrictions, the right of the consumer to spend . Advance reasonable expenses will be made known
Article 14 - Complaints
1.De entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2.Klachten on the implementation of the agreement must promptly , fully and submitted to the entrepreneur , after the consumer has discovered the defects. Clearly defined
3.With the trader complaints answered reckoned from the date of receipt . Within 14 days If a complaint is a foreseeable longer processing time, within the period of 14 days responded with an acknowledgment of the receipt and indicating when the consumer can expect . A more detailed answer
4.A complaint about a product, service or the service of the entrepreneur may also be submitted via a complaints form on the consumer page of the website of the Dutch Home Shopping Organization www.thuiswinkel.org . The complaint is then sent to both the entrepreneur and the Dutch Home Shopping Organization .
5.If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
Article 15 - Disputes
1.On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
2.Geschillen between consumers and entrepreneurs on the creation or implementation of agreements relating to this business or provide products and services , may, subject to the provisions below , both the consumer and the entrepreneur will be submitted to the disputes committee , PO Box 90600 , 2509 LP The Hague ( www.sgc.nl ).
3.A dispute by the Disputes Committee discussed only if the Consumer submitted . Complaint within a reasonable time to the entrepreneur
4.Uiterlijk three months after the dispute arose, the dispute must be brought. Written by the Dispute
5.When the consumer wants to submit to the Disputes Committee , a dispute is bound by this choice. When the entrepreneur that wants to do , the consumer within five weeks after will serve a purpose in writing made by written request , the trader, if he so desires or the dispute to be dealt with by the competent law-court. The entrepreneur learns not the choice of the consumer within the period of five weeks, the company is entitled to submit to the competent court. Dispute
6.De Disputes Committee's decision under the conditions as stipulated in the regulations of the Disputes Committee . The decisions of the Disputes Committee take the form of binding advice.
7.De Disputes Committee will not deal with a dispute or strike , if the entrepreneur moratorium is granted , the state has become bankrupt or its business has actually completed before a dispute by the Committee at the session and a final ruling.
8.If addition to the disputes committee recognized or affiliated with the Foundation for Consumer Affairs ( SGC) or the Financial Services Complaints Institute ( Kifid) disputes committee has jurisdiction over disputes relating mainly to the method of sale or remote services disputes committee at exclusive jurisdiction . For all other disputes or other approved by the SGC or Kifid disputes committee.
Article 16 - Warranty Industry
1.De Dutch Home Shopping Organization guarantees the fulfillment of the binding advice of the disputes committee by its members unless the member decides to explain. Binding opinion within two months after sending it for review to the court This guarantee revives if the binding opinion is upheld after review by the court and the judgment confirming this, the force of res judicata . Up to an amount of € 10,000 , - a binding opinion , this amount will be paid by the Dutch Home Shopping Organization to consumers . For amounts greater than € 10,000 , a binding opinion, € 10 000 , - will be paid . For several , the Dutch Home Shopping Organization has an obligation to ensure that members comply with the binding advice.
2.For purposes of this guarantee requires the consumer a written appeal to the Dutch Home Shopping Organization and to transfer his claim on the favor of the Dutch Home Shopping Organization . If the claim on the company exceeds € 10.000, - , the consumer is presented his claim to the extent exceeding the amount of € 10 000 , - will contribute to the Dutch Home Shopping Organization , will in its own name and the costs payment of these rights will ask to meet the consumer.
Article 17 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner
Article 18 - Amendments to the General Conditions IDIS
1.De Dutch Home Shopping Organization will only amend these terms and conditions after consultation with the Consumer.
2.Wijzigingen in these conditions are effective only after they have been published in accordance with appropriate procedures , provided that amendments apply during the term of offering the most favorable to the consumer shall prevail.
Dutch Home Shopping Organization Address : PO Box 7001 , 6710 CB Ede .