Terms and Conditions

General Terms and Conditions of Thuiswinkel
These General Terms and Conditions of the Dutch Thuiswinkel Organization have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into effect on 1 January 2012.
These General Terms and Conditions will be used by all members of the Dutch Thuiswinkel Organization, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Industry guarantee
Article 17 - Additional or deviating provisions
Article 18 - Amendments to the general terms and conditions of Thuiswinkel

 

Article 1 - Definitions

In these conditions the following terms have the following meanings:
1. Reflection period:the period within which the consumer can make use of his right of withdrawal;
2. Consumer:the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. 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;
5. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future allows consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and / or services to consumers from a distance;
8. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for communication are used. distance;
9. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur being together in the same room at the same time;

 

Article 2 - Identity of the entrepreneur

Name of entrepreneur: Motorcyclebattery Private company
Visiting address:

Touwslager 10
5253RK Nieuwkuijk
Telephone number: +31 73 200 80 29
Availability: From Monday to Friday from 9:00 am to 5:00 pm and Saturday from 10:00 am to 5:00 pm.
E-mail address: [email protected]
Chamber of Commerce number: 54423481
VAT identification number: NL8513.69.856.B01
If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory authority:
If the entrepreneur practices a regulated profession:

  • the professional association or organization with which he is affiliated;
  • the professional title, the place in the EU or the European Economic Area where it is awarded;
  • a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules are accessible.

 

Article 3 - Applicability

1. 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.
2. 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 distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. 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 the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that applies to him that is the most beneficial.

 

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • the price including taxes;
  • the possible costs of delivery;
  • the way in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and implementation of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level 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;
  • whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
  • any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
  • the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically;
  • the minimum duration of the distance contract in the event of an extended transaction.

 

Article 5 - The agreement

1. 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 corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the 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.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire whether the consumer 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 reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

1. The visiting address of the business location of the entrepreneur where the consumer can go with complaints;
2. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. Information about guarantees and existing after-sales service;
4. The information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement
5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product and 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 with all accessories supplied 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. When providing services:
3. When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
4. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of return shall not exceed the cost of the return.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

Article 8 - Exclusion of right of withdrawal

1. 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 only applies if the entrepreneur has 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:

1. That has been created by the entrepreneur in accordance with the consumer's specifications;
2. That are clearly personal in nature;
3. That cannot be returned due to their nature;
4. That can spoil or age quickly;
5. Whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
6. For individual newspapers and magazines;
7. For audio and video recordings and computer software of which the consumer has broken the seal.
8. Exclusion of the right of withdrawal is only possible for services:

1. Concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
2. Of which the delivery started with the express consent of the consumer before the reflection period has expired;
3. Relating to betting and lotteries.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
3. The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal requirements existing on the date of the conclusion of the agreement. 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 consumer can assert against the entrepreneur on basis of the agreement.

Article 11 - Delivery and implementation

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 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 placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can’t be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
6. 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 announced to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Duration transactions: duration, cancellation and extension

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of services, at any time by the end of the specified period, with due observance of the agreed cancellation rules and a notice period of no more than one month.

3. The consumer can cancel the agreements mentioned in the previous paragraphs:

  • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
  • at least cancel in the same way as they are entered into by him;
  • always cancel with the same notice period as the entrepreneur has stipulated for himself.

 

Renewal

  • An agreement that has been entered into for a definite period and that extends to the regular delivery of 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 specified period of a maximum of three months, if the consumer has this extended agreement can cancel at the end of the extension with a notice period of no more than one month.
  • A contract that has been entered into for a definite period and that extends to the regular delivery of services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one 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.
  • Agreements with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Expensive

  • If an agreement has a duration of more than one year, the consumer may cancel 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

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period commences. after the consumer has received confirmation of the agreement.
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated prepayment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In case of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the website of the Dutch Thuiswinkel Organization www.thuiswinkel.org. The complaint will then be sent to both the entrepreneur concerned and the Dutch Thuiswinkel Organization.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

 

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, 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 of a written request made by the entrepreneur whether he wishes to do so or whether he wishes to have the dispute dealt with by the competent court. If the entrepreneur does not hear of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or discontinue the handling if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been made.
8. If, in addition to the Thuiswinkel Disputes Committee, another disputes committee recognized or affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee will be responsible for disputes mainly concerning the method of remote sales or services. exclusion competent. For all other disputes the other recognized disputes committee affiliated with SGC or Kifid.

 

Article 16 - Industry guarantee

1. The Dutch Thuiswinkel Organization guarantees that its members will comply with the binding advice of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee is revived if the binding advice has been upheld after a court review and the judgment proving this has become final. Up to an amount of € 10,000 per binding advice, this amount will be paid to the consumer by the Dutch Thuiswinkel Organization. For amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For the excess, the Dutch Thuiswinkel Organization has a best efforts obligation to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer makes a written appeal to the Dutch Thuiswinkel Organization and that he transfers his claim against the entrepreneur to the Dutch Thuiswinkel Organization. If the claim against the entrepreneur is more than € 10,000, the consumer is offered to transfer his claim to the Dutch Thuiswinkel Organization in so far as it exceeds the amount of € 10,000, after which this organization will pay the costs in its own name and costs. will request payment thereof in court to satisfy the consumer.

 

Article 17 - Additional 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.

Article 18 - Amendments to the general terms and conditions of Thuiswinkel

1. The Dutch Thuiswinkel Organization will not change these general terms and conditions except in consultation with the Consumers' Association.
2. Amendments to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.

Adres Nederlandse Thuiswinkel Organisatie: Postbus 7001, 6710 CB Ede.