General terms and conditions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply:
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
- Day: calendar day;
- Duration transaction: a distance contract relating 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 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 waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products and/or services to consumers at a distance;
- Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the Entrepreneur for the distance sale of products and/or services, up to and including the moment that the agreement is concluded
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Tradekar Benelux B.V., trading under the name Spinder bike carriers, Pro-User bike carriers, Enduro technology, Cover-it and ETM-TEC;
Ohmweg 1, 4140 BM Culemborg;
Telephone: 0345-470998 (available Monday to Friday from 9:00 - 12:30);
Chamber of Commerce number: 817083108;
VAT number: NL817.083.108.B01
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
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 can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer;
The offer contains a complete and accurate description of the products and/or services on offer. 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 on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
In particular, this concerns:
The price including taxes;
The possible costs of delivery;
The manner in which the agreement will be concluded and what actions are required for this;
Whether or not the right of withdrawal is applicable;
The method of payment, delivery and performance of the agreement;
Whether the agreement will be archived after its conclusion, and if so in which way it can be consulted by the consumer the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in a framework of the agreement and, if desired, restore them.
ARTICLE 5 - THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated.
- 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 shall take appropriate technical e organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The trader may 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 data carrier:
- The e-mail address of the establishment of the entrepreneur to which the consumer can address complaints;
- The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- The information on guarantees and existing after-sales services;
- The data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement.
ARTICLE 6 - RIGHT OF WITHDRAWAL
- When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
- During the reflection period, the consumer will handle the product and its 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 to the trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
- If the consumer makes use of his right of withdrawal, he shall bear the costs of return shipment at the most.
- If the Consumer has paid an amount, the Entrepreneur shall return this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
- The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before concluding the contract.
ARTICLE 9 - THE PRICE
- During the validity period mentioned in the offer, the prices of the products and/or services on offer 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 over which the Entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
- The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND GUARANTEE
- The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded.
- A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the agreement.
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
- The company will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge.
- In case of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - PAYMENT
- Unless otherwise agreed, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1.
- Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
- In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs made known in advance to the consumer.
ARTICLE 13 - COMPLAINTS PROCEDURE
- The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- If the complaint cannot be solved by mutual agreement, a dispute arises and is subject to the dispute settlement procedure.
ARTICLE 14 - DISPUTES
- Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
- When the consumer wants to submit a dispute to the Geschillencommissie, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after the entrepreneur has requested this, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
- The Dispute Commission makes a decision under the conditions as laid down in the regulations of the Dispute Commission. The decisions of the Geschillencommissie are made by way of a binding advice.
- The Disputes Committee will not deal with a dispute or will cease to deal with a dispute if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the communion at the session and a final ruling has been issued.
ARTICLE 15 - SUPPLEMENTARY OR DEVIATING PROVISIONS
- Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.