Article 1 - Definitions
In these terms and conditions shall apply:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and a
enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and/or
services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to obtain information
addressed to him personally, to store it in a way that facilitates future consultation and
allows unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the payment within the cooling-off period
Entrepreneur: the natural or legal person who provides products and/or services to consumers at a distance
Distance contract: an agreement whereby in the context of a by the entrepreneur
organized system for distance selling of products and/or services, up to and including closing
of the agreement only one or more techniques for communication are used
at a distance;
Technology for remote communication: agent that can be used to close a
agreement, without the consumer and entrepreneur simultaneously
come together in the same space.
Article 2 - Identity of the entrepreneur
Company name: Bas Kuiper Holding BV
Address: E. Doetshof 2
Postcode and City: 1444 HK Purmerend
Telephone number: 085 – 06 09 871
E-mail address: Info@offeco.nl
Chamber of Commerce: 83869611
VAT number: NL863016169B01
Article 3 - Applicability
- These general terms and conditions apply to every offer of the
entrepreneur and on every distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions
made available to the consumer. If this is not reasonably possible, before the
distance contract is concluded, it is indicated that the general terms and conditions are attached to the
entrepreneur and they will be made free of charge as soon as possible at the request of the consumer
- If the distance contract is concluded electronically, contrary to the previous
member and before the distance contract is concluded, the text of these general terms and conditions
are made available to the consumer electronically in such a way that they
can be easily stored by the consumer on a durable data carrier.
If this is not reasonably possible, before the distance contract is concluded,
indicate where the general terms and conditions can be read electronically
and that they will be provided free of charge at the consumer's request, electronically or otherwise
- In the event that specific product or
terms and conditions of service apply, the second and third paragraphs apply mutatis mutandis
and in the event of conflicting general terms and conditions, the consumer can always invoke the
provision most favorable to him.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly 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, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- The price including taxes;
- the possible costs of delivery;
- The manner in which the agreement will be established and what action is required for this purpose;
- Whether or not it applies to the right of withdrawal;
- The manner of payment, delivery and execution of the agreement;
- The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
- Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
- The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
- Any other languages in which, in addition to the Dutch, the agreement can be concluded;
- The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and
- The minimum duration of the remote agreement in case of a long-term transaction.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of
acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will confirm
without delay by electronic means the receipt of the acceptance of the offer. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can
cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to secure the electronic transfer of data and he ensures
for a secure web environment. If the consumer can pay electronically, the entrepreneur
take appropriate safety measures for this purpose.
The entrepreneur can - within legal frameworks - inform himself or contact the consumer
can meet its payment obligations, as well as all those facts and factors that are important
for a responsible conclusion of the distance contract. If the entrepreneur under this
research has good reasons not to enter into the agreement, he is justified
to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will provide the following information to the consumer with the product or service,
in writing or in such a way that it can be accessed by the consumer
stored in a durable
data carrier, send:
The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
the conditions under which and the manner in which the consumer can use the right of withdrawal
make a clear statement regarding the exclusion of the right of withdrawal;
The information about guarantees and existing post-purchase service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has this
has already provided data to the consumer with the implementation of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more
than 1 year or of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies
apply to the first delivery.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the option to terminate the agreement without giving reasons for a period of 90 days. This reflection period commences immediately after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur has placed the order for the product. Please note that a return that has been used intensively will not be taken back.
- During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Cost in case of revocation
- If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by the supplier to the consumer's specifications;
- that are clearly personal in nature;
- that can not be returned due to their nature;
- that spoil or become obsolete;
- whose price depends on fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- For audio and video recordings and computer software that the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
- Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
- Regarding bets and lotteries.
Article 9 - The price
- During the period of validity of 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 preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
- they are the result of legislation or regulations; whether
- The consumer has the power to cancel the agreement as of the date of the price increase.
- The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
- The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures 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 may apply to the entrepreneur under the agreement.
Article 11 - Delivery and execution
- The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has informed to the company.
- Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
- In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 30 days after repudiation.
- If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination and Extension
- The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than 1 month.
- The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum 1 month.
- The consumer can agree the agreements mentioned in the previous paragraphs:
- Terminate at all times and not be restricted to termination at a particular time or in a certain period;
- At least terminate in the same manner as they have been incurred by him;
- Always terminate with the same notice period as the entrepreneur has undertaken for himself.
- A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
- Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than 1 month.
- An agreement that has been entered into for a definite period and that 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 1 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 weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate 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 term.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
- When selling products to consumers are stipulated. In terms never a prepayment of more than 50% If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s) before the advance payment has been made.
- The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
- In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known
Article 14 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
- Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
- If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
Article 15 - Disputes
- Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.
Article 16 - Additional or derogatory provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner