General terms and conditions
Article 1 - Definitions
For the purposes of these terms and conditions:
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model revocation form: the model revocation form made available by the entrepreneur that a consumer can fill in when he wants to exercise his right of revocation.
- Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
- Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the economic operator
050 751 85 60
Chamber of Commerce number: 62905384
VAT identification number: NL193938728B01
Article 3 - Applicability
- These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be inspected at the operator and they will be sent to the consumer as soon as possible free of charge at the consumer's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable 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 viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
- If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or nullified, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by a provision that approximates the purport of the original as closely as possible.
- Situations that are not regulated in these general terms and conditions should 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, should 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 will be explicitly stated in the offer.
- The offer is non-binding. 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 proper 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 obvious errors in the offer are not binding on the entrepreneur.
- All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Product images are a true representation of the products offered. Entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions will be necessary for that purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the contract will be archived after its conclusion, and if so, how this can be consulted by the consumer;
- the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify it;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an endurance transaction.
Article 5 - The Agreement
- The agreement is, subject to the provisions of paragraph 4, concluded 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 trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 security measures.
- The entrepreneur can - within the legal framework - inform himself 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- the information on warranties and existing after-sales service;
- the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to the execution of the agreement;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
- In the case of an enduring transaction, the provision of the previous paragraph shall only apply to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
- 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 with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, 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 inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has expressed his wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the sale is a fact.
In case of rental:
- When providing services, the consumer has the option of dissolving the contract without giving any reason to dissolve for at least 14 days, commencing on the day of entering into the agreement.
- If the rental period starts within the withdrawal period, the consumer renounces her right of withdrawal.
- In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and / or at the latest at the time of delivery.
Article 7 - Costs in case of revocation
- If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by him.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.
Article 8 - Exclusion of right of withdrawal
- The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
- established by the trader in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which, by their nature, cannot be returned;
- that can spoil or age quickly;
- the price of which is linked 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 of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
- of which the delivery has started with the express consent of the consumer before the expiration of the cooling-off period;
- on 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.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. The offer shall state this commitment to fluctuation and the fact that any prices quoted are target prices.
- Price increases within 3 months after 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 allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
- Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 2 days after delivery. The products must be returned in their original packaging and in new condition.
- The company'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 guarantee does not apply if:
- The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
- The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or the quality of the materials used.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery shall be the address that the consumer has given to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any of the periods mentioned. Exceeding a deadline does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be 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 previously appointed and announced representative, unless expressly agreed otherwise.
- We assume that the bath is used with care and the recommendations are followed. In the unlikely event that the bath should become defective or unusable, we charge an excess of 100 euros.
- The consumer is responsible for the use of the bath. Bevallingsbaden.nl is at all times free of material and / or immaterial damage resulting from the use of the bevallingsbad. When renting out, the consumer is responsible for the prior checking and testing of the delivery pool and any delivered package.
Article 12 - Duration transactions: duration, termination and renewal
- The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
- The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period terminate, subject to agreed termination rules and a notice of up to one month.
- The consumer may conclude the contracts referred to in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or in a specific period of time;
- at least denounce them in the same way as they were entered into by him;
- always terminate with the same notice as the entrepreneur has stipulated for himself.
- A contract entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
- Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer at the end of the extension may terminate the contract with a notice of up to one month.
- A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may at any time terminate with a notice of up to one month and a notice of up to three months if the contract is intended to regularly, but less than once a month, deliver daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
- In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred 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 within 7 days fully and clearly described to the entrepreneur, after the consumer has found the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message 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.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer resides abroad.
- The Vienna Convention on Contracts for the International Sale of Goods does not apply.