General terms and conditions
The general terms and conditions are forpoederblussers.nl an important part of our reliable safe webshop. Both parties must agree to this and we protect the rights of both you the buyer and us as the seller.
Table of contents:
Article 1 – DefinitionsArticle 2 – Identity of the entrepreneurArticle 3 – ApplicabilityArticle 4 – The offerArticle 5 – The agreementArticle 6 – Right of withdrawalArticle 7 – Costs in case of withdrawal Article 8 – PaymentArticle 9 – Complaints procedure
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal;2. Consumer: natural person who is not acting in the exercise of a profession and who enters into a distance contract with the entrepreneur;3. Day: calendar day;4. Duration transaction: a distance contract relating to a series of products and/or services;5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;8. Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;9. Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
Article 2 - Identity of the entrepreneur
Poederblussers.nlZwaalweg 6-82991 ZC BarendrechtTel: 0180 - 556 747E-mail address: info@poederblussers.nlChamber of Commerce number: 243.66.046 in RotterdamVAT number: NL81976.40.36.B01IBAN number: NL 66ABNA0605415269BIC code: BIC ABNANL2APoederblussers.nl is part of RH Brandbeveiliging BV
Article 3 - Applicability
1. These general terms and conditions apply to every offer from 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.3. If the distance contract is concluded electronically, in deviation 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 consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.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 accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions. 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 properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind 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; - any delivery costs; - the manner 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 execution of the agreement; - the term for accepting the offer, or the term within which the entrepreneur guarantees the price; - the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the means of communication used; - whether the contract is archived after it has been concluded and, if so, how it can be consulted by the consumer; - the way in which the consumer can check the data provided by him in the context of the contract and, if necessary, rectify it before concluding the contract; - any other languages in which, in addition to Dutch, the contract can be concluded; - the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and - the minimum duration of the distance contract in the event of a continuous transaction.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.2. If the consumer has accepted the offer electronically, the entrepreneur 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 terminate 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.6. In the event of a continuing performance transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences 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. 2. During the cooling-off 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.
Article 7 - Costs in case of revocation
1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of 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 withdrawal.
Article 8 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case 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 the general terms and conditions. If an 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.3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 9 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered 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 confirmation of receipt and an indication of when the consumer can expect a more detailed answer.4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.