Terms and Conditions - Leiden Lines Shop

General Terms and Conditions – November 2016

These General Terms and conditions are in accordance with the terms and conditions of the Thuiswinkel Waarborg.
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability of
Article 4 – The Offer
Article 5 – The agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the consumer during the period of reflection
Article 8 – Exercise of the right of withdrawal by the consumer and the cost thereof
Article 9 – Obligations of the entrepreneur in revocation
Article 10 – Exclusion from the right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra warranty
Article 13 – Delivery and implementation
Article 14 – Duration Transactions: Duration, Termination and extending
Article 15 – Payment
Article 16 – Settlement of complaints
Article 17 – Disputes
Article 18 – Additional or different provisions

Article 1 – Definitions

In these terms shall have the following meanings:

Supplementary Agreement: an agreement whereby the consumer products, digital content and/or services partly in connection with a distance contract and this business, digital content and/or services are supplied by the operator or by a third party on the basis of an agreement between the third party and the operator;
Scrutiny period: the period within which the consumer can make use of its right of revocation;
Consumer: the natural person who is acting for purposes which are not related to his trade, business, crafts or professional activity; %.Day: calendar day; &.Digital content: data in digital form to be produced and delivered;
Duration Agreement: an agreement which seeks to the regular Delivery of business, services and/or digital contents during a certain period; (.durable medium: each auxiliary – including e-mail – that the consumer or operator to information which is directed to him/her personally, store in a way that future consultation or use for a period which is suited to the purpose for which the information is intended, and unaltered reproduction of that information;
Right of Withdrawal: the possibility of the consumer within the period of reflection to refrain from the distance contract;
Entrepreneur: the natural or legal person who products, (access) digital content and/or services offered to consumers at a distance;
distance contract: a contract between the entrepreneur and the Consumer is concluded within the framework of an organized distance sales of products, digital content and/or services, where up to and including the conclusion of the agreement only or shared use is made of one or more means of distance communication;
Model Form for revocation: in Annex I to these conditions included European model form for withdrawal. Annex I need not be made available to as consumers in respect of his order. No Right of revocation;
Means of distance communication: tool that can be used for the conclusion of an agreement without that consumer and entrepreneur at the same time and in the same space need to came together.

Article 2 – Identity of the entrepreneur

B. Mulckhuijse, trading under the name WerkVanBart
Da Costastraat 21
2321 AJ LEIDEN
Telephone Number: +31 6 1429 8711 (during working days)
E-mail address: mail [On] werkvanbart.nl
KvK number: 6630 1556

Article 3 – Applicability

These general conditions apply to every offer of the entrepreneur and any in the Leidgen Lines Shop (and/or Lead Lines Shop) agreement reached at a distance between the operator and the consumer.
Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the operator shall, before concluding the distance contract, indicate in what way the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge.
If the distance contract is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions electronically to the consumer be made available in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable is.

Article 4 – The Offer

If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products, digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the entrepreneur makes use of images, these will be a true representation of the products, services and/or digital content. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that the consumer is clear what the rights and obligations, to the acceptance of the offer are attached.

Article 5 – The agreement

The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may repudiate the contract.
If the agreement is created electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
The entrepreneur can within the law – to inform consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
The entrepreneur will not later than in the case of delivery of the product, service or digital content to the consumer the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, most hours:

The visiting address of the establishment of the economic operator to which the consumer may address any complaints;
The conditions under which and the manner in which the consumer of the right of withdrawal may use or a clear message on the are excluded from the right of withdrawal;
The information about guarantees and existing service after purchase;
The price including all taxs of the product, service or digital content; where applicable the cost of delivery; and the manner of Payment, delivery or performance of the distance contract;
The requirements for termination of the contract if the contract has a duration of more than one year or is indefinite;
If the consumer has a right of withdrawal, the model form for
withdrawal.

In the case of a transaction duration is the provision in the preceding paragraph shall apply only to the first delivery.

Article 6 – Right of withdrawal

Upon products:

The consumer may cancel the agreement with regard to the purchase of a product during a period of at least 14 days without giving any reasons dissolve. The operator may ask the consumer to the reason for the revocation, but this does not have the details of the reason(s).
In paragraph 1 above reflection period commences on the day after the consumer, or a designated in advance by the consumer who is not a third carrier is, the product has been received, or:

If the consumer in the same order has ordered multiple products: the day on which the consumer, or a third party designated by him, the final product has been received. The Entrepreneur may, provided that he is the consumer prior to the ordering process has clearly informed, an order for several products with a different delivery time refuse.
If the supply of a product consists of various consignments or parts: the day on which the consumer, or a third party designated by him, the last consignment or the last part has received;
In the case of agreements for regular supply of products during a certain period: the day on which the consumer, or a third party designated by him, the first product has been received.

In the event of services and digital content that is not on a material medium is supplied:

The consumer can a services agreement and an agreement for delivery of digital content that is not on a material medium is provided for at least 14 days without giving any reasons dissolve. The review of the consumer may. road questions to the reason for the revocation, but this does not have the details of the reason(s).
Those referred to in paragraph 3 of reflection commences on the day following the conclusion of the agreement.

Extended period of reflection for products, services and digital content that is not on a material medium is supplied with not enquire about revocation:

If the entrepreneur the consumer the legally required information about the right of withdrawal or the model form for revocation has not supplied the reflection off runs twelve months after the end of the original, in accordance with the previous paragraphs of this Article shall be the time.
If the trader referred to in the preceding paragraph information to the consumer has provided within twelve months after the date of the original reflection period expires, the cooling-off period 14 days after the day on which the consumer has received this information.

Article 7 – Obligations of the consumer during the period of reflection !.

During this period the consumer will handle the product and packaging. He will be the product only to unpack or use it to the extent necessary to implement the nature, characteristics and operation of the product. The starting point is that the consumer product only inspect may use and as he in a shop be allowed to do so.
The consumer is only liable for any reduction in the value of the product that is the result of a way of dealing with the product that goes further than allowed in paragraph 1.
The consumer is not liable for any reduction in the value of the product if the entrepreneur him not to or at the time of the conclusion of the agreement all the legally required information about the right of withdrawal has provided.

Article 8 – Exercise of the right of withdrawal by the consumer and the cost thereof.

If consumer review exercises his right of withdrawal he logs this within the fact my by means of the model form for revocation or on other unequivocally to the entrepreneur.
As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, send the product back consumer, or give this he (an agent of) the entrepreneur. This need not if the entrepreneur has offered the product itself. The consumer has the return in any case my respected if he shall return the product before the period has expired.
The consumer shall return the product with all delivered accessories, where reasonably possible in original condition and packaging, and according to information provided by the operator reasonable and clear instructions.
The risk and the burden of proof for the proper and timely exercise of the right of withdrawal is located at the consumer.
The consumer bears the direct costs of the return of the product. If the entrepreneur has reported that the consumer has to bear these costs or if the Entrepreneur indicates the costs themselves to contribute, the consumer the costs for return not to wear.
If the consumer revokes after first to have expressly asked that the provision of the service or the supply of gas, water or electricity that is not ready for sale are made in a limited volume or certain quantity commences during this period, the consumer is the entrepreneur a sum proportional to that part of the undertaking that by the entrepreneur is fulfilled at the time of the revocation, compared with the full compliance of the undertaking.
The consumer does not bear any costs for the implementation of services or the supply of water, gas or electricity, which is not ready for sale are made in a limited volume or quantity, or to the supply of district heating, if:

The entrepreneur the consumer the legally required information about the right of withdrawal, the reimbursement of costs in the event of revocation or the model form for revocation or has not supplied;
the consumer does not expressly to the beginning of the implementation of the service or supply of gas, water, electricity or district heating during the period of reflection has asked.
The consumer does not bear any costs for the full or partial delivery of not on a physical medium digital content delivered, if:

it prior to the delivery is not expressly agreed with the start of the performance of the contract before the end of the reflection; !#.he has not accepted to lose his right of withdrawal in the granting of his consent; or
The entrepreneur has failed this declaration of the consumer to confirm.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by right.

Article 9 – Obligations of the entrepreneur in revocation

If the entrepreneur the notification of withdrawal by the consumer makes it possible by electronic means, he sends after receipt of this notification without delay a confirmation of receipt.
The entrepreneur will pay for all payments of the consumer, including any delivery costs incurred by the operator will be charged for the returned product without delay, but within 14 days following the day on which the consumer him the revocation lists. Unless the operator is offering the product itself to collect, he may wait with repayment until it has received the product or to the consumer demonstrates that he has returned the product, depending on what time earlier.
The entrepreneur used for reimbursement the same means of payment that the consumer has used, unless the consumer is in agreement with another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur the additional costs for the more expensive method are not required to pay it back.

Article 10 – Exclusion from the right of withdrawal

The Entrepreneur may exclude products and services of the right of withdrawal, but only if the operator has clearly in the offer, at least in time for the conclusion of the agreement, stated:

products or services the price of which is dependent on fluctuations in the financial market in which the entrepreneur has no effect and that are within the cancellation period may occur;
Agreements concluded during a public auction. Under a public auction shall mean a sales method in which digital content products and/or services are offered by the trader to the consumer who is personally present or the opportunity to personally present at the auction under the leadership of an auctioneer and where the successful bidder is obliged the digital content products and/or services;
Services Agreements, after full implementation of the service but only if:

The performance has begun with the explicit prior consent of the consumer; and
The consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has carried out the full agreement;
Package Travel as referred to in Article 7:500 BW and contracts of carriage of persons;
Services Contracts for the provision of accommodation, as in the agreement a certain date or period of implementation is equipped and otherwise than for residential purposes, goods transport, car hire services and catering;
Agreements with regard to leisure, as in the agreement a certain date or period of implementation is equipped;
According to the specifications of the consumer products manufactured, not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly for a specific person are intended; !a.Products are perishable or have a limited shelf life;
sealed products that for reasons of protection of health or hygiene are not suitable to be returned and of which the seal after delivery is lost;
Products after delivery by their nature are irrevocably mixed with other products;
alcoholic drinks whose price It was agreed at the time of the conclusion of the agreement, but whose delivery can take place only after 30 days, and on which the actual value is dependent on fluctuations in the market in which the trader has no influence;
Sealed audio or video recordings or computer software which were unsealed after delivery is lost;
newspapers, magazines or magazines, with the exception of subscriptions on this;
The supply of digital content other than on a material medium, but only if:

The performance has begun with the explicit prior consent of the consumer; and
The consumer has declared that he would lose his right of withdrawal.

Article 11 – The price

During the period of validity indicated in the offer, the prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
By way of derogation from 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 prices are quoted prices shall be 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 from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:

a. they are the result of statutory regulations or stipulations; or
b. the consumer has the power to terminate this Agreement with effect from the day on which the price increase takes effect.

the supply of products or services mentioned prices include VAT.

Article 12 – Compliance Agreement and extra warranty

The trader warrants that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or serviceability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed condition also the entrepreneur in that the product is suitable for other than the normal use.

#.A by the entrepreneur, his supplier or manufacturer or importer submitted additional warranty is limited never the legal rights and claims that consumers on the basis of the agreement against the employer may make if the entrepreneur has been remiss in the fulfilment of its part of the agreement.
$.Under extra warranty shall mean any undertaking by the entrepreneur,
$.
his supplier, importer or producer that certain rights to the consumer or grant claims that go beyond which it is legally required in case he failed to fulfill its part of the agreement.

Article 13 – Delivery and implementation !.

The entrepreneur will take the greatest possible care when receiving and in the execution of orders and products when assessing applications for the provision of services.
#.The place of delivery is the address that the consumer has made known the entrepreneur.
$.Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur accepted orders expeditiously within 30 days, unless a different delivery period is agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than thirty days after the order was placed. In this case, the consumer has the right to terminate the contract without penalty and be entitled to any compensation.
%.After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid to repay without delay.
&.The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a designated in advance and to the entrepreneur published representative, unless otherwise expressly agreed.

Article 14 – Duration Transactions: Duration, extension and termination

Termination:

The consumer may contract for indefinite and with the purpose of the controlled delivery of products (including electricity) or services at any time denounce the applicable termination rules and a notice of up to one month.
The consumer may.contract for a definite period and which seeks to the controlled delivery of products (including electricity) or services, at any time at the end of the specified duration denounce the applicable termination rules and a notice of up to one month.
The consumer can the referred to in the preceding paragraphs agreements:

unsubscribe at any time and not be limited to termination at a particular point in time or in a certain period;
Cancel at least in the same way as they are entered into by him;
always denounce the same notice period if the Entrepreneur has stipulated for themselves.

Extension:

contract for a definite period and which seeks to the controlled delivery of products (including electricity) or services may not be extended or renewed by tacit agreement for a certain duration.
By way of derogation from the preceding paragraph may be a contract for a definite period and which seeks to the controlled delivery of daily news and weekly magazines and journals be tacitly renewed for a certain duration of up to three months if the consumer this extended agreement at the end of the extension may denounce a notice of up to one month.
contract for a definite period and with the purpose of the controlled delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice of up to one month. The period of notice is not more than three months in the case of the agreement is to the controlled, but less than once a month, delivery of day-, news and weekly magazines and journals.
An agreement with limited duration to the regular discovery delivering day-, news and weekly magazines and journals (pilot or Introduction Subscription) is not implied continued and ends automatically after the end of the trial or introduction period.

Duration:

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

Article 15 – Payment

Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer are to be paid within fourteen days after the commencement of the fact my, or in the absence of a mind my within 14 days after the conclusion of the agreement. In the case of a contract to provide a service, the time limit begins on the day after the consumer the mounting of the agreement has been received.
When selling products to consumers the consumer in terms never be obliged to advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
If the consumer does not simultaneously to its payment obligation(and), it, after he by the entrepreneur is noted on the late payment and the entrepreneur the consumer a period of 14 days has awarded us to fulfill his payment obligations, following the failure of payment within this 14-days-term, on the amount still outstanding. The Statutory interest payable and the trader has made the extrajudicial collection costs to charge. This collection costs are up to: 15% of outstanding amounts to € 2,500.=; 10% on the subsequent € 2,500.= and 5% on the following € 5.000,= with a minimum of € 40,=. The Entrepreneur may for the benefit of the consumer derogate from the amounts and percentages.

Article 16 – Settlement of complaints

The entrepreneur has a well-publicized complaints procedure and shall attend to the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be done within a reasonable time after the consumer has found the defects, fully and clearly described and submitted to the entrepreneur.
Complaints submitted to the trader will be provided within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 14 days responded with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
The consumer must in any case the entrepreneur 4 weeks time to make the complaint to resolve mutual agreement. After this period there will be a dispute that is subject to the settlement of disputes.

Article 17 – Disputes !.

On agreements between the entrepreneur and the consumer, to which these general terms and conditions apply, are strictly governed by Dutch law.

Article 18 – Additional or different terms

Additional or different provisions of these terms should not disadvantage the consumer and should be in written form or in such a way that the consumer in an accessible manner can be stored on a durable medium.

Annex I: Model Form for revocation model form for revocation (this form only complete and return it when you want to withdraw the agreement):
WerkVanBart
Da Costa Street 21
message [On] werkvanbart.nl
I/We* part/parts* would like to inform you that I/We* our agreement on the sale of the following products: [designation product]* the delivery of the following digital content: [indication digital content]* the provision of the following services: [indication service]*, revokes/revoked*
Ordered*/received on* [date order with services or receipt at products]
●[Name consumers(and)]
●[Address consumer(s)]
●[Signature consumer(s)] (only when this form is submitted on paper) * delete whichever is not applicable or complete where appropriate.