Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Day: calendar day; Duration transaction: a distance selling agreement that applies to a number of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means enabling the consumer or the trader to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Trader: a natural or legal person who offers products and/or services to consumers by distance selling;
Distance contract: a contract in which, within the framework of a system organized by the trader for the distance sale of goods and/or services, up to and including the conclusion of the contract, one or more means of distance communication are used exclusively;
Technique of remote communication: means that can be used to conclude an agreement without the consumer and the entrepreneur having come together in the same room at the same time.
General terms and conditions: the current general terms and conditions of the Entrepreneur's policy.
Article 2 - Identity of the contractor
DFL Agency
maannoslo.com
Trasmolenlaan 12
3447GZ Woerden
CHAMBER OF COMMERCE 89902688
Merverdiavgiftsnummer NL865147711B01
Article 3 - Validity
These general terms and conditions apply to all offers made by the Entrepreneur and to all distance contracts and orders concluded between the Entrepreneur and the Consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Consumer. If this is not reasonably possible, before the distance selling agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier, without regard to the previous paragraph and before the conclusion of the distance contract. Where this is not reasonably practicable, it shall be indicated before the conclusion of the distance contract where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or void, the Agreement and these General Terms and Conditions shall otherwise remain in force and the affected provision shall be replaced without delay by mutual agreement with a provision that approximates the content of the original as closely as possible.
Situations not addressed in these General Terms and Conditions shall be considered “in the spirit” of these General Terms and Conditions.
Uncertainty about the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this must be expressly stated in the offer.
The offer is without obligation. The contractor has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to assess the offer in the correct way. If the contractor uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the contractor.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
Images of products are a true representation of the products offered. The operator cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are linked to acceptance of the offer. This applies in particular to the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regulations for postal and courier services with regard to imports. This scheme applies if the goods are imported to the country of destination in the EU, which is the case in this case. The postal and/or courier service collects value added tax (possibly together with the customs clearance fees) from the recipient of the goods;
any shipping costs;
how the agreement is to be entered into and what measures are necessary to achieve this
whether the right of withdrawal applies or not
method of payment, delivery and performance of the agreement;
the deadline for accepting the offer, or the deadline for when the trader guarantees the price;
the level of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the usual base rate for the means of communication used;
whether the agreement is archived after it has been concluded and, if so, in what way it can be consulted by the consumer;
in which way the consumer, before entering into the agreement, can check and, if desired, correct the information he has provided in accordance with the agreement;
any languages other than Dutch in which the agreement may be concluded;
the rules of conduct to which the trader is subject, and how the consumer can consult these rules of conduct electronically, and
the minimum duration of the distance selling agreement in the case of a duration transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The Agreement
Subject to the provisions in no. 4, the agreement is entered into at the moment the consumer accepts the offer and fulfills the conditions laid down therein.
If the consumer has accepted the offer electronically, the trader must immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the contractor, the consumer can dissolve the agreement.
If the agreement is entered into electronically, the trader must take suitable technical and organizational measures to protect the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the contractor will comply with appropriate security measures.
The contractor can - within legal framework - inform himself whether the consumer can fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the contractor has good reasons not to enter into the agreement, he has the right to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The contractor will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the place of establishment of the contractor where the consumer can address complaints;
under what conditions and in what way the consumer can exercise the right of withdrawal, or possibly clear information that the right of withdrawal does not apply;
information on guarantees and existing after-sales service;
the information in Article 4 No. 3 of these terms and conditions, unless the trader has already provided the consumer with this information before entering into the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative previously appointed by the consumer and communicated to the contractor.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the contractor with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with reasonable and clear instructions given by the contractor.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the contractor within 14 days of receiving the product. The consumer should make this known by means of a written message / e-mail. After the consumer has indicated that he wishes to exercise the right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of shipment.
If the customer has not expressed his wish to use the right of withdrawal or has not returned the product to the contractor after the expiry of the periods mentioned in no. 2 and 3, the purchase is a fact.
Article 7 - Costs of right of withdrawal
If the consumer makes use of the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the contractor will refund this amount as soon as possible, but at the latest within 14 days of revocation. This is on the condition that the product has already been received back by the trader or that conclusive proof of a complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader can exclude the consumer's right of withdrawal for products as described in nos. 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least well in advance of entering into the agreement. Exclusion of the right of withdrawal is only possible for products
which was created by the contractor according to the specifications of the consumer;
which are clearly personal in nature and cannot be returned due to their nature;
which perish or age quickly;
whose price is subject to fluctuations in the financial market that are beyond the contractor's control;
for individual newspapers and magazines;
for audio and video recordings and computer software on which the consumer has broken the seal.
for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for the following services relating to accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period;
where the delivery was started with the consumer's express consent before the end of the withdrawal period;
which applies to betting and lotteries.
Article 9 - The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
In contrast to the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the contractor's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the contractor has stipulated it and:
they result from statutory provisions or regulations; or
the consumer has the right to terminate the agreement on the day the price increase takes effect.
Pursuant to Article 5 No. 1 of the Sales Tax Act of 1968, the place of delivery takes place in the country where the transport begins. In the present case, this delivery takes place outside the EU. After this, the postal or courier service will collect import value added tax or customs clearance fees from the customer. Consequently, no VAT will be charged by the contractor.
All prices are subject to printing errors. We do not take responsibility for the consequences of printing and typographical errors. In the event of a printing error, the company is not obliged to deliver the product according to the incorrect price.
Article 10 - Compliance and guarantee
The trader guarantees that the products and/or services are in accordance with the agreement, the specifications mentioned in the offer, reasonable requirements for safety and/or usability and applicable legal provisions and/or public regulations on the date of conclusion of the agreement. If it has been agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee given by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement.
Any defective or incorrectly delivered products must be reported in writing to the contractor within 14 days of delivery. Return of the products must be in the original packaging and in new condition.
The contractor's warranty period corresponds to the factory's warranty period. However, the contractor is never responsible for the final suitability of the products for each individual application by the consumer, nor for advice on the use or use of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions from the contractor and/or on the packaging;
The deficiency is wholly or partly the result of regulations which the authorities have laid down or will lay down with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.
In case of termination in accordance with the previous paragraph, the contractor will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to obtain a replacement article. At the latest on delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipping must be borne by the contractor.
The risk of damage and/or loss of products lies with the contractor until the time of delivery to the consumer or a representative designated in advance and made known to the contractor, unless otherwise explicitly agreed.
Article 12 - Transactions with duration: duration, termination and renewal
Resignation
The consumer may at any time terminate an open-ended agreement entered into for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.
The consumer can terminate a time-limited agreement that was entered into regularly
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the withdrawal period referred to in Article 6 no. 1 has started to run. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has a duty to immediately report inaccuracies in the payment information given or mentioned to the trader.
In the event of non-payment by the consumer, the contractor has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.
Article 14 - Complaints procedure
Complaints about the implementation of the agreement must be sent to the contractor within 7 days fully and clearly described, after the consumer has found the defects.
Complaints sent to the contractor will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the contractor will respond within the 14-day period with a notification of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not suspend the contractor's obligations, unless the contractor states otherwise in writing.
If a complaint is found to be valid by the Contractor, the Contractor will, at its sole discretion, either replace or repair the Products supplied free of charge.
Article 15 - Disputes
On agreements between the contractor and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer lives abroad.
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