GENERAL WEB SHOPPING TERMS AND CONDITIONS
General Terms and Conditions of Sale of carsetz at more.
Article 1: Definitions
In these general terms and conditions, the following definitions apply:
a. the entrepreneur: the natural person, legal person or partnership, acting in the exercise of a profession or business, who uses these web shop terms and conditions;
b. the consumer: any natural person who - not acting in the exercise of a profession or business - enters into an agreement as referred to under c with the entrepreneur;
c. the agreement: the purchase agreement concluded at a distance in which the entrepreneur undertakes to give one or more movable property and the consumer undertakes to pay a price in money for this.
d. the offer: the offer of the entrepreneur that extends to the conclusion of an agreement as referred to under c of this article.
Article 2: Applicability
These terms and conditions apply to all offers made by the entrepreneur and to all agreements that he concludes with the consumer.
In the event of a conflict between the content of the agreement concluded between the entrepreneur and the consumer and these general terms and conditions, the provisions of the agreement shall prevail.
Article 3: The offer
The offer is without obligation. The entrepreneur has the right to revoke his offer up to two working days after the acceptance has reached him.
The images and photos used give as much as reasonably possible a true representation of the appearance of the products. A product that shows minor deviations from the appearance on the images and photos of that product complies with the agreement despite that.
Article 4: Inaccuracies in information provided
The consumer bears the risk of damage caused by inaccuracies in the information provided by or on behalf of the consumer. This does not affect the entrepreneur's obligation to point out to the consumer any inaccuracies that are reasonably known to him and relevant to the execution of the agreement in the information provided by or on behalf of the consumer if these occurred to the entrepreneur before or during the execution of the agreement. and the entrepreneur must be deemed to be an expert in the matter.
Article 5: Delivery time and risk transfer
Unless otherwise agreed, the delivery time is no later than 30 days after the conclusion of the agreement.
The item is at the risk of the consumer from the moment of delivery.
When goods are delivered, the risk of the goods transfers at the moment that the consumer or a third party designated by him, who is not the carrier, has received the goods.
Article 6: Payment
Payment is made to an account to be designated by the entrepreneur.
Unless otherwise agreed, payment will be made as follows:
a. for payment in installments: 50% of the total price due at the conclusion of the agreement and 50% on delivery.
b. in case of payment afterwards: within 14 days after delivery. In the case of separate delivery of several items from the same order, the payment term commences on the day on which the last item was delivered to the consumer.
Article 7: Right of withdrawal
The consumer has the option to dissolve the agreement without stating reasons during 14 days (the "reflection period"), unless it concerns a matter for which there is no right of dissolution, as included in the third paragraph of this article.
The reflection period starts:
a. on the day after receipt of the item by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur;
b. in the case of separate delivery of several items from the same order: on the day on which the consumer has received the last item.
c. in the case of delivery of an item consisting of different shipments or parts: on the day on which the last shipment or the last part was received.
d. in the case of an agreement that extends to the regular delivery of goods during a certain period: on the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the first good.
The consumer has no right of dissolution upon delivery of:
a. items that have been created by the entrepreneur in accordance with the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer;
b. things that are clearly intended for a specific person;
c. items that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
d. goods that are irrevocably mixed with other goods after delivery by their nature;
e. alcoholic beverages, the price of which has been agreed upon at the conclusion of a consumer purchase, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the trader has no influence;
f. audio and video recordings and computer software of which the seal has been broken after delivery;
g. newspapers, periodicals or magazines, with the exception of an agreement for the regular delivery of such publications.
Article 8: Exercise of the right of withdrawal
The consumer exercises the right of withdrawal by:
a. complete and return the model withdrawal form provided by the entrepreneur; or
b. send another statement to the entrepreneur that clearly shows that he wishes to withdraw.
The consumer returns the item he has received as soon as possible, but no later than 14 days after the withdrawal statement has been issued or hands it over to the entrepreneur or to a person authorized by the entrepreneur to receive the item.
The consumer bears the direct costs of returning the item.
If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law.
Article 9: Obligation to refund by the entrepreneur in the event of withdrawal
The entrepreneur will reimburse the consumer for all payments received, including any delivery costs, which have been charged by the entrepreneur for the returned product.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
The entrepreneur must repay the amounts owed as soon as possible, but no later than 14 days after receipt of the cancellation statement. The consumer cannot demand a refund from the entrepreneur as long as the item has not been received by the entrepreneur or the consumer has demonstrated that the item has been returned. This does not apply if the entrepreneur offers to collect the item himself.
The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Article 10: Obligations of the consumer during the reflection period
During the cooling-off period, the consumer will handle the item and the packaging with care. He will only unpack or use the item to the extent necessary to assess whether he wants to keep the item. If he makes use of his right of withdrawal, he will return the item with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
The consumer is liable for depreciation of the good if the handling of the good has gone further than necessary to determine its nature, characteristics and functioning.
Article 11: Force majeure
If fulfillment of an obligation under the agreement is temporarily impossible for one of the parties due to a cause that cannot be attributed to it, this party has the right to suspend the fulfillment of its obligations for that period.
If fulfillment of an obligation under the agreement is permanently impossible for one of the parties due to a cause that cannot be attributed to it, the latter is entitled to dissolve the agreement against compensation to the other party for the costs reasonably incurred.
Article 12: Retention of title
After delivery, the entrepreneur remains the owner of the delivered goods as long as the consumer:
- has not fulfilled its obligations under any agreement with the entrepreneur;
- has not paid claims arising from non-compliance with the above agreements, such as damage, fine, interest and costs.
Article 13: Response of case to agreement and guarantee
The entrepreneur guarantees that a delivered item complies with the agreement. The entrepreneur also guarantees that the item has those properties that, taking all circumstances into account, are necessary for normal use, as well as for special use, insofar as this has been agreed.
If a deviation from what has been agreed manifests itself within 6 months after delivery, it is presumed that the item did not comply with the agreement upon delivery or completion. In that case, the entrepreneur will remedy the defect free of charge, unless he can demonstrate that the item did comply with the agreement at the time of the agreement. The foregoing does not affect the fact that the entrepreneur can remain liable under the law for any defects in the item even after the aforementioned periods.
The warranty as referred to in paragraph 2 lapses if:
- defects are the result of normal wear and tear;
- defects are caused by an error, injudicious use or omission of the consumer or his legal successor, or by external causes;
- defects are the result of not or incorrectly performed maintenance;
- defects are the result of installation, assembly, modification or repair by the consumer or by third parties.
The entrepreneur is only obliged to implement the guarantee if the consumer has fulfilled all his obligations.
Article 14: Complaint obligation
The consumer can no longer invoke a defect in the performance if he has not complained about this in writing or electronically to the entrepreneur within a reasonable time after he has discovered or should reasonably have discovered the defect.
Article 15: Late payment
If the consumer does not pay on time, he is deemed to be in default without further notice of default.
After the payment date has passed, the entrepreneur will send the consumer one payment reminder, in which the entrepreneur states that the consumer has the opportunity to pay within 14 days after receipt of the payment reminder and that and what amount of collection costs the consumer will owe if ( full) payment is not made within that period. The amount of the collection costs must be in accordance with the “Decree on compensation for extrajudicial collection costs”.
The entrepreneur is entitled to charge interest on the payment that has not been made on time from the expiry of the payment term until the day of receipt of the amount due. This interest is equal to the statutory interest referred to in Section 6:119 of the Dutch Civil Code.
Article 16: Applicable law and competent court
Dutch law applies.
The Vienna Sales Convention (CISG) does not apply, nor does any other international regulation from which exclusion is allowed.
Only the Dutch civil court that has jurisdiction in the consumer's place of residence takes cognizance of disputes, unless this is contrary to mandatory law.