General Terms and Conditions

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and guarantee

Article 11 – Delivery and execution

Article 12 – Duration transactions: duration, cancellation and extension

Article 13 – Payment

Article 14 – Complaints regime

Article 15 – Disputes

Article 16 – Additional or different provisions

Article 1 – Definitions

For the purposes of these conditions:

  1. Cooling-off period : the period within which the customer can exercise his right of withdrawal;
  2. Customer : the natural person who does not act in the exercise of profession or business and enter into a distance contract with the entrepreneur;
  3. Consumer : the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  4. Dag: calendar day;
  5. Duration transaction : a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  6. data carrier : any means that enables the customer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
  7. Right of withdrawal : the possibility for the customer to refrain from the distance contract within the cooling-off period;
  8. Model form : the model withdrawal form available to the entrepreneur which a customer can fill in when he wishes to exercise his right of withdrawal.
  9. Entrepreneur : the natural or legal person who offers products and/or services to customers at a distance;
  10. Distance contract : an agreement under which, in the context of a by the entrepreneur organized system for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication is used;
  11. Technique for communication at distance: means that can be used for the conclusion of an agreement, without the buyer and entrepreneur having come together in the same room simultaneously.
  12. General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Nedvision Publishing †“Wagenmakerstraat 9 †“9403 VC Assen 0592-749333 (Mon-Fri 09:00 – 17:00) Chamber of Commerce number: 76926052

VAT identification number: NL860842459B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to any concluded distance contract and orders between entrepreneur and customer or organization. Below mentioned: ‘the customer’.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge at the request of the customer as soon as possible.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that it can be stored by the customer in a simple way 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 read electronically and that at the request of the customer they will be electronically or otherwise free of charge shall be sent.
  4. In the event that in addition to these general terms and conditions also specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis and the customer can always invoke the applicable provision which is most favourable to him.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially null or void or be annulled, then the agreement and these terms and conditions will remain valid for the rest and the relevant provision in mutually consultations shall be replaced without delay by a provision that approximates as much as possible the scope of the original.
  6. Situations not covered by these terms and conditions should be assessed ‘to the spirit ’ of these terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be explained ‘to the spirit ’ of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to conditions, this is explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and modify the offer.
  3. 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 customer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
  5. Images with products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the customer what the rights and obligations are attached to the acceptance of the offer. This concerns in
    particular:
    1. the price including taxes;
    1. the possible costs of shipping;
    1. the way in which the agreement will be concluded and what actions are necessary for this

    ;

    1. whether or not the right of withdrawal applies;
    1. the method of payment, delivery and execution of the contract;
    1. the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    1. the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    1. whether the agreement is archived after the conclusion, and if so how it can be consulted for the customer;
    1. the way in which the customer, before the conclusion of the agreement, check the information provided by him in the context of the agreement and, if desired, restore
    1. the possible other languages in which, in addition to Dutch, the agreement can be concluded;

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  7. the codes of conduct to which the entrepreneur is subject and the way in which the customer can consult these codes of conduct electronically; and
  1. the minimum duration of the distance contract in case of a duration transaction.
  1. Optional: Available sizes, colours, type of materials.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the customer of the offer and the fulfilment of the conditions set out therein.
  2. If the customer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
  4. The entrepreneur can – within legal frameworks – inform himself whether the customer 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, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the customer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible way on a durable medium:

a. the visiting address of the establishment of the entrepreneur where the customer can address complaints;

b. the conditions under which and the way in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information on warranties and existing after-purchase service;

d. the data contained in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the customer before the execution of the agreement;

e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.

  • In the case of a duration transaction, the provision in the previous paragraph applies only 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

Upon delivery of products:

  1. When purchasing products, the customer has the possibility to dissolve the agreement without giving any reason for 14 days. This cooling-off period starts on the day after receipt of the product by the customer or a pre-designated representative by the customer and announced to the entrepreneur.
  2. During the cooling-off period, the customer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to retain 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.
  3. If the customer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The customer must make known by means of the model form. After the customer has made known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned in a timely manner, for example by means of a proof of shipment.
  4. If the customer after the expiry of the periods mentioned in paragraphs 2 and 3 has not made known that he wants to make use of his right of withdrawal or the product has not returned to the entrepreneur, the purchase is a fact.

When providing services:

  • Upon delivery of services, the customer has the possibility to terminate the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
  • To make use of his right of withdrawal, the customer will address the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

  1. If the customer makes use of his right of withdrawal, the cost of return shall not exceed the costs of return.
  2. If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. Here is the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the customer unless the customer expressly consents to another payment method.
  3. In case of damage to the product due to careless handling by the customer himself, the customer is liable for any depreciation of the product.
  4. The customer can not be held liable for depreciation of the product when the entrepreneur has not provided all legally mandatory information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the customer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:

a. which have been established by the entrepreneur in accordance with specifications of the customer;

b. which are clearly personal in nature;

c. which by their nature cannot be returned;

d. which can quickly spoil or age;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software of which the buyer has broken the seal.

h. for hygienic products for which the customer has broken the seal.

  • Exclusion of the right of withdrawal is only possible for services:

a. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a specified period;

b. the delivery of which has begun with the explicit consent of the customer before the cooling-off period has expired;

c. concerning bets and lotteries.

Article 9 – The price

  1. 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.
  2. Notwithstanding 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 bound to fluctuations and the fact that any quoted prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the customer has the power to terminate the contract with effect from the day on which the price increase takes effect.

  • The prices mentioned in the offer of products or services include VAT.
  • All prices are subject to pressure †“and typesetting 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 Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the on 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.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  6. The customer has repaired and/or processed the delivered products himself or has been repaired and/or processed by third parties;
  7. The delivered products are exposed to abnormal conditions or otherwise be treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
  8. The defectiveness in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials applied.

Article 11 – Delivery and execution

  1. The entrepreneur will take the utmost care in receiving and executing orders of products and in assessing applications for the provision of services.
  2. The

  3. place of delivery is the address that the customer has made known to the company.
  4. With due observance of 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 customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially executed, the customer will receive notice of this no later than 30 days after he has placed the order. In that case, the customer has the right to terminate the agreement without costs. The customer is not entitled to compensation.
  5. All delivery times are indicative. The customer cannot derive any rights from any mentioned deadlines. Exceeding a period does not entitle the customer to compensation.
  6. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the customer has paid as soon as possible, but no later than 14 days after dissolution.
  7. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
  8. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation

  1. The customer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed cancellation rules and a notice period of no more than one month.
  2. The customer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified period with due observance of agreed thereto cancellation rules and a notice period of up to one month.
  3. The customer may terminate the agreements mentioned in the previous paragraphs:
  4. at any time and not be limited to termination at a certain time or in a certain period;
  5. at least terminate in the same way as they have been
  6. ;

  7. always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  • An agreement 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 certain period of time.
  • Notwithstanding the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily news and weekly newspapers and periodicals may be tacitly extended for a fixed period of up to three months, if the customer can terminate this extended agreement by the end of the extension with a notice period of no more than one 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 renewed for an indefinite period if the customer can terminate at any time with a notice period of up to one ; one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • An agreement with limited duration to 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.

Duration

  • If an agreement has a duration of more than one year, after one year the customer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness itself against termination before the end of the agreed duration to reschedule.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the customer has received the confirmation of the agreement.
  2. The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In case of default of the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.

Article 14 – Complaints regime

  1. The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints about the execution of the agreement must be submitted within 2 months fully and clearly described to the entrepreneur, after the customer has found the defects.
  3. 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 customer can expect a more detailed answer.
  4. If the complaint can not be resolved by mutual agreement, a dispute arises that is amenable to the dispute settlement.
  5. In case of complaints, a customer must first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (
  6. http://ec.europa.eu/odr ).

  7. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  8. If a complaint is found to be founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Contracts between the entrepreneur and the customer to which these general terms and conditions relate, are exclusively governed by Dutch law. Even if the customer resides abroad.
  2. The Vienna Sales Convention does not apply.