Table of contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
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 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following definitions apply::
Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection time
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract regarding a series of products and/or services, the delivery of which- and/or purchase obligation is spread over time;
Sustainable data carrier: any means that enables the consumer or entrepreneur to receive information that is addressed to him personally, store in a manner that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can complete if he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: an agreement in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for remote communication: means that can be used to conclude an agreement, without consumer and entrepreneur meeting in the same room at the same time.
Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Gangs
Wanmolen 25
3224BS Hellevoetsluis
The Netherlands
T (+31) 06 835 945 34
E info@bendemen.nl
KVK 82882851
VAT number NL812139513B01
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, will before the distance contract is concluded, it is indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, is possible in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, will before the distance contract is concluded, it is indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
Just in case, in addition to these general terms and conditions, there is also a specific product- whether service conditions apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, then the agreement and these conditions will remain in force for the rest and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the scope of the original as much as possible..
Situations that are not regulated in these general terms and conditions, must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties 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 period of validity or is made subject to conditions, this is expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled 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 to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, Specifications data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur 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 what the rights and obligations are, associated with the acceptance of the offer. This concerns in particular:
the price includes taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
whether the agreement is archived after conclusion, and if so, where it can be consulted by the consumer;
the way the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; in
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The agreement
The deal comes, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this purpose.
The entrepreneur can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, send along:
the visiting address of the entrepreneur's branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the in article 4 lid 3 information included in these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating 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 only applies to the first delivery.
Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to terminate the agreement without giving reasons 14 to dawn. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur..
During the cooling-off 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 deliver the product with all accessories and accessories supplied – if reasonably possible – return to the entrepreneur in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to do so 14 to dawn, after receiving the product, to be made known to the entrepreneur. The consumer must make this known using the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must receive the product 14 days to return. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of shipment.
If the customer, after expiry of the period referred to in paragraph 2 in 3 mentioned periods has not indicated that he wishes to exercise his right of withdrawal or. has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 to dawn, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, You will be responsible for a maximum of the costs of return shipping.
If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible, but at the latest within 14 days after withdrawal, refund. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be submitted.. Refund will be made via the same payment method used by the consumer unless the consumer expressly consents to a different payment method..
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product..
The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal., this must be done before concluding the purchase agreement.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 in 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement, has mentioned.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
which due to their nature cannot be returned;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio- and video recordings and computer software for which the consumer has tampered with the seal;
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant business or leisure activity on a certain date or during a certain period;
the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can provide products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence., offering variable prices. This is subject to fluctuations and the fact that any prices stated are target prices, are stated in the offer.
Price increases in 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; of
the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
One by the entrepreneur, The warranty provided by the manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement..
Any defects or incorrectly delivered products must be submitted 2 months after delivery to the entrepreneur in writing. Products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services..
The place of delivery is the address that the consumer has provided to the company.
Taking into account what is stated in paragraph 4 of this article is stated, the company will process accepted orders expeditiously, but no later than within 30 days to perform, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with the member 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution, refund.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur., unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
Termination
The consumer can enter into an agreement for an indefinite period and which extends to the regular delivery of products (including electricity) or services, cancel at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
The consumer can enter into a fixed-term agreement that extends to the regular delivery of products (including electricity) or services, cancel at any time towards the end of the fixed term, taking into account the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
can cancel at any time and are not limited to cancellation at a specific time or in a specific period;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has agreed for himself.
Extension
An agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of- news- and weeklies and magazines are tacitly renewed for a fixed period of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news- and weeklies and magazines.
An agreement with a limited duration for the regular delivery of daily, news- and weeklies and magazines (trial- or introductory subscription) is not tacitly continued and ends automatically after the end of the test- or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in article 6 lid 1. 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 the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur is subject to legal restrictions, the right to charge the reasonable costs communicated to the consumer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the implementation of the agreement must be submitted 2 months must be submitted fully and clearly described to the entrepreneur, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be processed within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, is made by the entrepreneur within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with the WebwinkelKeur Foundation and for complaints that cannot be resolved by mutual agreement, the consumer must contact the WebwinkelKeur Foundation. (www.webwinkelkeur.nl), he will mediate for free. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not yet been found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the ruling is binding and both the entrepreneur and the consumer agree to this binding ruling. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.
Article 15 – Disputes
To agreements between the entrepreneur and the consumer to which these general terms and conditions apply, Only Dutch law applies. Even if the consumer lives abroad. The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier..
