Terms & Conditions
Article 1 – Definitions
In These terms and conditions:
- Entrepreneur: The legal person offering products and/or remote services to consumers;
- Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader;
- Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for the distance marketing of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur having met simultaneously in the same room;
- Period of reflection: the term within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the period of reflection; 14 days: Calendar day;
- Duration transaction: A distance contract with respect to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data medium: Any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Article 2 – Identity of the trader
Clickthrough Online Marketing
Lakerstraat 66, 5613ES Eindhoven
Phone number 06-28806028
Email address: email@example.com
KvK number: 27309336
VAT number: NL001639901B96
- These general terms and conditions apply to any offer by the trader and to any distance contract concluded between the trader and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are to be seen by the trader and they are sent at the request of the consumer free of charge as soon as possible.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means In such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken by electronic means and that, at the request of the consumer, they may be notified by electronic means or otherwise be sent free of charge.
- In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting terms and conditions, always The applicable provision which is most favourable to him.
Article 4-The Offer
- If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow 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.
- Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- The price includes taxes;
- Any costs of delivery;
- The way in which the agreement will be established and what actions are needed for it;
- Whether or not the right of withdrawal is applicable;
- The method of payment, delivery or execution of the contract;
- The time limit for acceptance of the offer or the time limit for the price to be established;
- The amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the basic rate;
- If the agreement is archived after the conclusion, how it is to be consulted for the consumer;
- The way in which the consumer can be informed before concluding the contract of any actions he has not sought, and the way in which he can recover it before the agreement is concluded;
- Any languages in which, in addition to Dutch, the agreement can be concluded;
- The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes by electronic means; And
- The minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.
Article 5-The Agreement
- The agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down.
- If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of acceptance of the offer by electronic means. As long as the receipt of such acceptance has not been confirmed, the consumer may rescind the agreement.
- If the contract is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety measures to that end.
- The trader can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for failing to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The trader will provide the consumer with the product or service with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
- The information data of the trader to which the consumer can avail himself of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information on existing after-sales service and warranties;
- The information contained in article 4 (3) of these conditions, unless the trader has already supplied the information to the consumer before the execution of the contract;
- The requirements for termination of the contract if the contract has a duration of more than one year or is of an indefinite duration.
- If the trader has committed to supplying a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6-Right of withdrawal in the supply of products
- The consumer may dissolve a distance contract or an agreement outside the premises without giving reasons until a period of fourteen days has elapsed, after the day on which the consumer or a third party designated by the consumer, who is not the Carrier has received the first case
- During this period the consumer will handle the product and the packaging carefully. He will only extract or use the product to the extent necessary to be able to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he shall return the product with all the accessories supplied and-if reasonably possible-in its original condition and packaging to the trader, in accordance with the reasonable and Clear instructions.
Article 7-Costs in case of revocation
- If the consumer makes use of his right of withdrawal, the costs of returning the goods shall be at most.
- If the consumer has paid an amount, the trader will reimburse this amount as soon as possible, but no later than thirty days after the return or revocation.
Article 8-exclusion of right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader has clearly stated this in the offer, at least in time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- Established by the trader in accordance with consumer specifications;
- Which are clearly personal in nature;
- Which cannot be returned by their nature;
- That can quickly spoil or age;
- The price of which is tied to fluctuations in the financial market on which the trader has no influence;
- The supply of goods which are not suitable for being returned for reasons of health protection or hygiene and whose sealing has been broken after delivery;
Article 9-The price
- During the period of validity indicated in the offer, the prices of the products and/or services offered are not increased, subject to price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and to which the trader has no influence, with variable prices. This bonding to fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
- Price increases within 3 months of 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 contract are only permitted if the trader has stipulated this and:
- Are the result of legal regulations or provisions; Or
- The consumer has the power to cancel the contract by the day on which the price increase enters.
- The prices mentioned in the offer of products or services include
Article 10-Conformity and guarantee
- The trader insists that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing on the date of the conclusion of the agreement legal provisions and/or government regulations.
- An arrangement offered by the trader, manufacturer or importer as a guarantee does not diminish the rights and claims which the consumer can assert against the trader in respect of a shortcoming in the fulfilment of the obligations of the entrepreneur in respect of the entrepreneur Under the law and/or the distance contract.
Article 11-Delivery and execution
- The entrepreneur will observe the utmost care when receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery shall be the address which the consumer has made known to the company.
- In accordance with the provisions of article 4 of these general terms and conditions, the company will carry out accepted orders with due urgency but not later than 30 days unless a longer delivery date has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will receive a notice at the latest one month after he has placed the order. In that case, the consumer has the right to dissolve the contract without any costs and the right to compensation.
- In the event of dissolution in accordance with the preceding paragraph, the trader shall repay the amount paid by the consumer as soon as possible, but within 30 days of termination.
- If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement item available. No later than delivery, a clear and comprehensible notification will be given that a replacement item is delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return shipping are for the account of the entrepreneur.
- The risk of damage and/or loss of products is based on the consumer’s delivery to the trader, unless expressly agreed otherwise.
Article 12-Duration transactions
- The consumer may at any time terminate an agreement which has been entered into for an indefinite period and which extends to the regular delivery of products or services, with due observance of the termination rules agreed to that end and a notice period not exceeding One month.
- The consumer may terminate a contract which has been entered into for a fixed period of time and which is intended to deliver products or services on a regular basis at any time by the end of the stipulated duration, subject to the agreed termination rules and A notice period not exceeding one month.
- Unless agreed later, the amounts owed by the consumer must be paid within fourteen days of delivery of the goods or in the event of an agreement to provide a service, within 14 days after delivery of the product.
- In the event of default of the consumer, the trader has, subject to legal restrictions, the right to charge the reasonable costs incurred in advance to the consumer.
Article 14-Complaints procedure
- The entrepreneur has a sufficiently well-publicised complaints procedure and treats the complaint in accordance with this complaint procedure.
- Complaints about the implementation of the agreement must be submitted to the trader within a reasonable time, in full and clearly defined, after the consumer has found the defects.
- Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
Article 16-Additional or different provisions
Additional provisions or derogations from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be accessed by the consumer in an accessible manner Stored on a durable data medium.