Terms and conditions of use

 

Contents:

Article   1- Definitions

Article   2- Corporate Identity/Entrepreneur

Article   3- Relevance

Article   4- Offer

Article   5- Agreement

Article   6- Right of Withdrawal

Article   7- Obligations of Consumer during Consideration Time

Article   8- Execution of Right of Withdrawal by Consumer and Withdrawal Costs

Article   9- Obligations of Entrepeneur during Withdrawal

Article 10- Exclusion Right of Withdrawal

Article 11- Pricing

Article 12- Conformity and Guarantees

Article 13- Delivery and Execution

Article 14- Length transactions: duration, termination and extension

Article 15- Payments

Article 16- Complaints

Article 17- Disputes

Article 18- Additional and Different Provisions

 

Article 1 – Definitions

In these Conditions/Terms the following definitions are applicable:

1. Additional Agreement: an agreement where consumer acquires products, digital media and/or services with a distance agreement, and these products, digital media and/or services are delivered by the entrepeneur or by a third party based on an agreement between that third party and the entrepeneur:
2. Consideration time: the term during which the consumer can execute the right of withdrawal;
3. Consumer: the natural person not dealing on behalf of a/his/her company or profession;
4. Day: calendar day;
5. Digital Media: media produced and delivered in a digital environment:
6. A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
7. Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
8. Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term;
9. Entrepreneur: the natural person or corporation who offers distance products, (access to) digital media and/or services to consumers;
10. Distance Agreement: an agreement between entrepeneur and consumer, based on a corporate organized system of distance sales of products, digital media and/or services, including the closing of an agreement using one or more techniques of distance communication;
11. Modelform for Withdrawal: the Additional form I from these Terms and Conditions of Use, based on the European Modelform for Withdrawal.
12. Technique of distance Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.

 

Article 2- Corporate Identity/Entrepreneur

Beernett Skate Systems / Paul de Beer

Kruiningenstraat 59

5045PT Tilburg

The Netherlands

Phonenumber: +31618473836

E-mail: paul@beernettskate.com

Chamber of commerce number: 74622137

VAT identification number: NL001702426B68

 

Article 3- Relevance

1. These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
3. If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
4. For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third rule are applicable and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.

 

Article 4- Offer

1. If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
2. The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
3. Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer.

 

Article 5- The Agreement

1. The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
2. If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
4. The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
5. The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
   1. The address of the company for the consumer to file complaints;
   2. The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal;
   3. Information about after sales guarantees and services;
   4. Pricing of the product, digital media and/or services, shipping costs and ways of payment;
   5. If the consumer has right of withdrawal, the modelform for withdrawal.

 

Article 6- Right of Withdrawal

Deliverance of products:

1. After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The Entrepeneur may ask for the reason of withdrawal, but the consumer is not obligated to answer.
2. The consideration time starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.

 

 

Article 7- Obligations of Consumer during Consideration Time

1. During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
2. The consumer is responsible for the decrease in value of product which is an effect caused by anything that goes beyond the handling as stated in paragraph 1.
3. The Consumer is not responsible for the decrease in value of the product if the entrepeneur has not provided the Terms and Conditions about the right of Withdrawal during the closing of the agreement.

 

Article   8- Execution of Right of Withdrawal by Consumer and Withdrawal Costs

1. If the consumer chooses to use his Right of Withdrawal, he has to contact the entrepeneur within the cooling off period by making use of the Modelform of Withdrawal or via digital media such as email.
2. As soon as possible, but within 14 days following on the in paragraph 1 stated notice, the consumer will return the product via mail or hand it over to the entrepeneur. The consumer has taken notice of the returnperiod if he returns the product before the cooling off period is expired.
3. The consumer must return the product in its original state, when possible in its original packaging, and making use of the clear and reasonable instructions from the entrepeneur.
4. The consumer is responsible for the risk and proof for a correct and timely Execution of Right of Withdrawal.
5. If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
6. If the consumer executes the right of withdrawal, all Additional and Different Provisions will be terminated by law.

 

 

 

Article   9- Obligations of Entrepeneur during Withdrawal

1. The entrepeneur will sent an electronical confirmation to the consumer, after receiving his message of withdrawal.
2. The entrepeneur pays back all funds of the consumer , including shippingcosts for the products, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the withdrawal or after receiving the returned products.
3. The entrepeneur will use the same refund method as the consumer has used, unless agreed otherwise. The refund is without extra costs for the consumer.
4. If the consumer uses a more expensive method of delivery instead of the cheapest available option, the entrepeneur does not have to refund the extra shipping costs fort he more expensive method.

 

Article 10- Exclusion Right of Withdrawal

The entrepreneur can exclude products from the right of withdrawal, but applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for the following products:

1. Which are established by the entrepreneur according to specifications of the consumer or for a specific consumer;
2. Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
3. Services, after full execution of the service, but only when:
4. The service is started with written agreement of the consumer; and,
5. The consumer has declared that he loses his right of withdrawal as soon as the service is executed by the entrepeneur;
6. Which cannot be returned because of their nature;
7. That can spoil or age quickly;

 

Article 11- Pricing

1. During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised except for price changes due to changing VAT rates.
2. Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
5. These are the result of legal regulations or provisions; or
6. The consumer has the competence to terminate the agreement from the day the price increase takes effect.
7. The in the offer mentioned prices include VAT (when not logged in or when the ship to address is in the EU).

 

Article 12- Conformity and Guarantees

1. The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.

 

Article 13- Delivery and Execution

1. The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
2. The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
3. Taking into account what is stated in article 4 of the general conditions/terms , the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
4. In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
5. The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed.

 

Article 14- Length transactions: duration, termination and extension

Termination:

1. The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products (electricity included) and services respecting the applicable termination rules of a notice of not more than one month.
2. The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products (electricity included) or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.
3. The consumer can the agreements in the previous mentioned paragraph:

• at all times terminate with no restrictions to terminate at a certain time or during a certain period;
• at least terminate in the same manner as they are entered into by him;
• at all times terminate with the same notice as the entrepreneur has obtained for himself.

Extension:

4. An agreement which has been entered for a definite time and which extends to a regular delivery of products (including electricity) or services may not automatically be extended or renewed for a fixed duration.
5. Notwithstanding the previous paragraph an agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines may be extended automatically for a specified duration of three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice of one month.
6. An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the consumer at any time terminate with a notice period of no more than one month and a notice period of no more than three months if the in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.
7. An agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically be extended and terminates automatically at the end of the trial or introductory period.

Duration:

8. If an agreement has a duration period of more than one year, the consumer may terminate at any time after one year, with a notice period of not more than one month, unless reasonableness and fairness are opposed against termination before the end of the agreed duration.

 

Article-15 Payments

1. Unless otherwise agreed, the amounts due have to be met by the consumer within 14 days after entering the cooling off period. In case of an agreement to provide a service, the cooling off period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
3. The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
4. In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.

 

Article 16- Complaints

1. The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
2. Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
3. The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgment and an indication when the consumer will receive a more detailed answer.
4. The consumer needs to give the entrepeneur at least 4 weeks time to settle the complaint by mutual agreement. After this 4 week period the dispute is subject to the dispute settlement.

 

Article 17- Disputes

1. Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.

 

Article 16- Additional and Different Provisions

Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.

 

 

Bijlage I: Modelform for Withdrawal

 

 

Modelform for Withdrawal

(This form needs to be filled out and sent to the entrepeneur to make use of your right to Withdrawal)

 

• To: Paul de Beer

Kruiningenstraat 59

5045PT Tilburg

Netherlands

paul@beernettskate.com

 

• I/We* inform you that I/We* would like to withdraw our agreement, concerning the following products: [product]*

The following service: [Service]*,

• Ordered on*/received on* [date of order or delivery]

 

• [Name consumer(s)]

 

• [Address consumer(s))]

 

• [Signature consumer(s)] (only applicable on paper media)

 

 

* Exclude what is applicable or fill out what is applicable.