Entrepreneur: the legal person offering products from a distance to professionals;
Professional: the legal person acting on behalf of a company or profession, coming to an agreement with the entrepreneur at distance;
Agreement at distance: an agreement using one or more techniques to communicate from a distance in order to buy products or services organized by the entrepreneur up and including closing the agreement;
a. These terms of service apply to every entrepreneur's offer and to every agreement at distance between entrepreneur and professional.
b. Before the agreement at distance is closed, the text of these terms of service is made available to the professional.
c. If the agreement at distance is closed electronically, by way of derogation from the previous paragraph and before the agreement is closed, the text of these terms of service can be made available to the professional electronically in such a way that the professional can save the text on a durable medium. If this is not possible, it will be made clear (before closing the agreement at distance) to the professional where the terms of service can be found and that the terms of service can be sent to the professional electronically or otherwise without any costs.
d. If besides these terms of service also specific product- or service conditions are applicable, the second and third paragraph apply and the professional has the right to the most favorite statement.
e. On all entrepreneur's offers, agreements and execution only Dutch law applies. The Vienna Sales Convention is explicitly excluded.
a. The offer contains a full and detailed description of the products and/or services. The description has enough details to give the professional a clear picture about the offer. If the entrepreneur uses pictures, these pictures will be representative with keeping in mind the small deviations computer screens can give regarding color. Apparent mistakes or errors in the offer don't bind the entrepreneur.
b. Every offer gives information in such a way that the rights and obligations, related to the acceptance of the offer, are clear to the professional. In particular this goes for:
— the price including taxes (if applicable);
— costs of delivery;
— the way to come to an agreement and the steps necessary for this;
— the method for payment and delivery or execution of the agreement;
— the languages - besides Dutch - that can be used to close the agreement;
— the codes of conduct the entrepreneur agreed upon and the way the professional can consult these codes electronically.
a. The agreement starts, subject to the provisions of article 4, as soon as the professional accepts the offer, meeting the requirements attached.
b. If the professional accepts the offer electronically, the entrepreneur will confirm electronically the receivement of the offer acceptance. As long as this receivement is not yet confirmed, the professional can dissolve the agreement.
c. If the agreement is closed electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronical data transfer. The entrepreneur will offer a safe web environment. If the professional is able to pay electronically, the entrepreneur will keep the appropriate security measures in mind.
d. The entrepreneur is allowed to - within legal boundaries - check all the facts and factors relevant to making an agreement and also if the professional is able to meet the financial requirements of the agreement. If the entrepreneur, based on this check, has serious reasons not to close the agreement, the entrepreneur is allowed to refuse an order or question, or to set specific conditions to this order or question.
e. With each offer or product, the entrepreneur will show the professional in written (or in such a way that the professional can save the information on a durable medium) the following information :
— the address the professional can turn to in case of complaints;
— the price including all taxes of the product, service or digital content;
— if applicable, the costs of delivery and payment, delivery or execution of the agreement at distance;
Agreements can not be recalled or returned, except for products received with a malfunction. The entrepreneur should be contacted within 2 days after receipt of the order in case there's any malfunction.
a. The entrepreneur will be careful when receiving and executing orders for products and the judgment of requests for service deliveries.
b. The delivery address is the address the professional informed the entrepreneur about.
c. With respect to article 4 of these terms of service, the entrepreneur will process accepted orders within 24 hours but ultimately within 36 hours unless a longer period is agreed upon. If the delivery has some kind of delay, or if the order cannot be executed all in once, the professional will be informed within 1 day but ultimately within 30 days after making the order. In that case, the professional has the right to recall without any costs and might have the right to be compensated.
d. In case of dissolution related to the former article, the entrepreneur will pay back the amount the professional paid for as soon as possible, but no later than within 30 days after dissolution.
e. If delivery of an ordered product turns out to be impossible, the entrepreneur will try to deliver a replaceable product. No later than at the time of delivery, the professional will be informed that a replaceable product is delivered. The right to recall still counts. The costs for returning the product - in case of a replaceable product - are for the entrepreneur.
f. The risk of damage or missing products during transport is with the professional until the product is delivered with the professional or an upfront appointed person.
Various ways of payment are offered by the entrepreneur. The entrepreneur uses third parties for payment execution. Entrepreneur is not responsible for any mistakes made by those third parties.
The professional acknowledges explicitly that all rights of intellectual ownership of shown information, announcements or other ways of communication regarding the products and/or internet site are with the entrepreneur.
These terms of service are deposited at xxxxxx. The last version deposited/published applies.