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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or different provisions
Article 20 – Amendment of the general terms and conditions Stichting Webshop Keurmerk
Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur;
2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
7. Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the ability of the consumer to cancel the distance agreement within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and / or remote services to consumers;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
11. Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time;
Artikel 2 – Identiteit van de ondernemer
www.diagelectronic.com
Utrecht
+316 22 222 973
info@diagelectronic.com
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded, how 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, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way 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 read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
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 conditions the consumer can always invoke the applicable provision that is most relevant to him. is beneficial.
Artikel 4 – Het aanbod
1. Indien een aanbod een beperkte geldigheidsduur heeft of onder voorwaarden geschiedt, wordt dit nadrukkelijk in het aanbod vermeld.
2. Het aanbod bevat een volledige en nauwkeurige omschrijving van de aangeboden producten, digitale inhoud en/of diensten. De beschrijving is voldoende gedetailleerd om een goede beoordeling van het aanbod door de consument mogelijk te maken. Als de ondernemer gebruik maakt van afbeeldingen, zijn deze een waarheidsgetrouwe weergave van de aangeboden producten, diensten en/of digitale inhoud. Kennelijke vergissingen of kennelijke fouten in het aanbod binden de ondernemer niet.
3. Elk aanbod bevat zodanige informatie, dat voor de consument duidelijk is wat de rechten en verplichtingen zijn, die aan de aanvaarding van het aanbod zijn verbonden.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, 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 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 the law – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. 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 or to attach special conditions to the implementation.
5. The entrepreneur will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way 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 service after purchase;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that is not supplied on a tangible medium if the right of withdrawal is not informed:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Artikel 8 – Uitoefening van het herroepingsrecht door de consument en kosten daarvan
1. Als de consument gebruik maakt van zijn herroepingsrecht, meldt hij dit binnen de bedenktermijn door middel van het modelformulier voor herroeping of op andere ondubbelzinnige wijze aan de ondernemer.
2. Zo snel mogelijk, maar binnen 14 dagen vanaf de dag volgend op de in lid 1 bedoelde melding, zendt de consument het product terug, of overhandigt hij dit aan (een gemachtigde van) de ondernemer. Dit hoeft niet als de ondernemer heeft aangeboden het product zelf af te halen. De consument heeft de terugzendtermijn in elk geval in acht genomen als hij het product terugzendt voordat de bedenktijd is verstreken.
3. De consument zendt het product terug met alle geleverde toebehoren, indien redelijkerwijs mogelijk in originele staat en verpakking, en conform de door de ondernemer verstrekte redelijke en duidelijke instructies.
4. Het risico en de bewijslast voor de juiste en tijdige uitoefening van het herroepingsrecht ligt bij de consument.
5. De consument draagt de rechtstreekse kosten van het terugzenden van het product. Als de ondernemer niet heeft gemeld dat de consument deze kosten moet dragen of als de ondernemer aangeeft de kosten zelf te dragen, hoeft de consument de kosten voor terugzending niet te dragen.
6. Indien de consument herroept na eerst uitdrukkelijk te hebben verzocht dat de verrichting van de dienst of de levering van gas, water of elektriciteit die niet gereed voor verkoop zijn gemaakt in een beperkt volume of bepaalde hoeveelheid aanvangt tijdens de bedenktijd, is de consument de ondernemer een bedrag verschuldigd dat evenredig is aan dat gedeelte van de verbintenis dat door de ondernemer is nagekomen op het moment van herroeping, vergeleken met de volledige nakoming van de verbintenis.
7. De consument draagt geen kosten voor de uitvoering van diensten of de levering van water, gas of elektriciteit, die niet gereed voor verkoop zijn gemaakt in een beperkt volume of hoeveelheid, of tot levering van stadsverwarming, indien:
the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs or the model form for withdrawal, or;
b. the consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
b. he has not acknowledged that he has lost his right of withdrawal when granting his permission; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Artikel 9 – Verplichtingen van de ondernemer bij herroeping
1. Als de ondernemer de melding van herroeping door de consument op elektronische wijze mogelijk maakt, stuurt hij na ontvangst van deze melding onverwijld een ontvangstbevestiging.
2. De ondernemer vergoedt alle betalingen van de consument, inclusief eventuele leveringskosten door de ondernemer in rekening gebracht voor het geretourneerde product, onverwijld doch binnen 14 dagen volgend op de dag waarop de consument hem de herroeping meldt. Tenzij de ondernemer aanbiedt het product zelf af te halen, mag hij wachten met terugbetalen tot hij het product heeft ontvangen of tot de consument aantoont dat hij het product heeft teruggezonden, naar gelang welk tijdstip eerder valt.
3. De ondernemer gebruikt voor terugbetaling hetzelfde betaalmiddel dat de consument heeft gebruikt, tenzij de consument instemt met een andere methode. De terugbetaling is kosteloos voor de consument.
4. Als de consument heeft gekozen voor een duurdere methode van levering dan de goedkoopste standaardlevering, hoeft de ondernemer de bijkomende kosten voor de duurdere methode niet terug te betalen.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
3. Service contracts, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement;
4. Service contracts for the provision of accommodation, if a specific date or period of execution is provided for in the contract and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement;
6. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that for reasons of health protection or hygiene are not suitable to be returned and whose seal has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery due to their nature;
10. Alcoholic beverages, the price of which was agreed at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on market fluctuations over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, magazines or magazines, with the exception of subscriptions to them;
13. The delivery of digital content other than on a material medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The price
1. During the validity period stated in the offer, the prices of the products and / or services offered are not 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 with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. 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:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
Article 12 – Compliance with agreement and extra 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 reliability and / or usability and the legal provisions 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. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfill his part of the contract. agreement.
3. An additional guarantee is understood to mean any commitment by the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Taking into account what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, though at the latest within 30 days, unless a different 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 he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. 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 14 – Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of at most one month.
2. The consumer can at all times terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.
3. The consumer can the agreements mentioned in the previous paragraphs:
– cancel at any time and are not limited to cancellation at a specific time or in a specific period;
– cancel at least in the same way as they are entered into by him;
– always cancel with the same cancellation period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific duration.
5. Contrary to the previous paragraph, a contract that has been entered into for a definite period of time and that extends to the regular delivery of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a specific duration of a maximum of three months, if the consumer extended this can terminate the agreement by the end of the extension with a notice period of at most one month.
6. 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 consumer may cancel at any time with a notice period of one month at most. The notice period is at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Expensive:
8. 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 cancellation period of at most one month, unless reasonableness and fairness are opposed to cancellation before the end of the agreed duration. resist.
Article 15 – Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the stipulated prepayment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
4. If the consumer does not meet his payment obligation (s) in time, this is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can, for the benefit of the consumer, deviate from the stated amounts and percentages.
Article 16 – Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time 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 a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.
Article 17 – Disputes
1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. Disputes between the consumer and the trader regarding the conclusion or implementation of agreements with regard to products and services to be supplied or supplied by this trader, can be submitted to the consumer and the trader, subject to the provisions below, Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer first submitted his complaint to the entrepreneur within a reasonable period of time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer must within five weeks after a request made in writing by the entrepreneur, have to pronounce in writing whether he wishes this or wants the dispute dealt with by the competent court. If the entrepreneur does not hear of the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by means of binding advice.
7. The Disputes Committee will not deal with a dispute or cease the treatment if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final judgment has been given.
8. If, in addition to the Webshop Disputes Committee, another disputes committee that is accredited or affiliated with the Foundation for Consumer Complaints Committees (SGC) or the Financial Services Complaints Institute (Kifid), the Disputes Committee for Webshop disputes mainly concerns the method of selling or providing remote services Quality mark preferably authorized. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 – Industry guarantee
1. Stichting Webshop Keurmerk guarantees the compliance of the binding advice of the Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice to the court for review within two months of sending it. This guarantee revives if the binding advice has been upheld after review by the court and the judgment from which this emerges has become final. Up to a maximum of € 10,000 per binding recommendation, this amount is paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than € 10,000 per binding recommendation, € 10,000 will be paid. The Webshop Quality Mark Foundation 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 Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim on the entrepreneur amounts to more than € 10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of € 10,000 to Stichting Webshop Keurmerk, after which this organization will pay the payment in its own name and costs. will legally demand this to satisfy the consumer.
Article 19 – Additional or different provisions
Additional or deviating provisions 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 in an accessible manner on a durable medium by the consumer.
Article 20 – Amendment of the general terms and conditions Stichting Webshop Keurmerk
1. Stichting Webshop Keurmerk will not change these general terms and conditions unless in consultation with the Consumers’ Association.
2. Changes to these terms and conditions will only take effect after they have been published in the appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail.
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