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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 warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply below:

  1. Grace period:  The period within which the consumer can use his right of withdrawal;
  2. Consumer:  The natural person who is not acting in the exercise of a profession or business and enters into a remote agreement with the entrepreneur;
  3. Day:  calendar day;
  4. Duration transaction:  A distance contract relating to a series of products and/or services, of which the obligation to deliver and/or purchase is spread over time;
  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 withdraw from the distance contract within the withdrawal period;
  7. Model form:  The model form for revocation provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of revocation.
  8. Entrepreneur:  The natural or legal person offering products and/or services to consumers at a distance;
  9. Distance contract:  A agreement where, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Technology for distance communication:  Means that can be used to conclude an agreement, without the consumer and entrepreneur having come together simultaneously in the same space.
  11. General Terms and Conditions:  The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Fold-up bed buying;
Werktuigenweg 12A
8304 AP Emmeloord

Phone number: 0657290608
Email address: info@opklapbedkopen.nl
Chamber of Commerce number: 84949422
BTW-identificatienummer: NL863436791B01

Article 3 – Applicability

  1. These general terms and conditions apply to any offer by the Entrepreneur and on any distance contract concluded and orders between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of made these general terms and conditions available to the consumer. If this is not reasonably possible, before the remote agreement will be is concluded, be indicated that the general conditions are attached to the entrepreneur to view and they, at the consumer’s request, as soon as possible may be sent free of charge.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the remote agreement is concluded, the text of these general conditions electronically to the consumer are made available in such a way that they can be used by the consumer can be easily stored on a durable data medium. If this is not reasonably possible, the before the distance contract is concluded, indicate where of the general conditions may be electronically taken note of and that, at the consumer’s request, they will, via electronic way or otherwise will be sent free of charge.
  4. In case in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraph shall apply mutatis mutandis and the consumer may, in the event of conflicting general terms and conditions always rely on the applicable provision most favorable to him.
  5. If one or more provisions of these general conditions at any moment be void or destroyed in whole or in part, then the agreement and these terms and conditions shall otherwise stand and the relevant provision shall be promptly replaced by mutual agreement with a provision that would, as far as possible, give the intent of the original approached.
  6. Situations not covered in these general terms and conditions should be to be judged “by the spirit” of these general conditions.
  7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions, are to be interpreted “according to the spirit” of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited validity period or is under conditions takes place, this shall be expressly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to offer modify and adapt.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficient detailed to ensure proper consumer assessment of the offer possible. If the entrepreneur uses images his these are a true representation of the products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and cannot be grounds for damages or dissolution of the agreement.
  5. Images accompanying products are a true 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 consumer is what the rights and obligations are, which are attached to the acceptance of the offerings are linked. This concerns in particular:
  • the price including taxes;
  • the cost of shipping, if any;
  • The manner in which the agreement will be established and what actions required to do so;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery and performance of the agreement;
  • The period for acceptance of the offer, or the period Within which the entrepreneur guarantees the price;
  • the amount of the remote communication rate if the cost of using the remote communication technique are calculated on a basis other than the regular base rate for the means of communication used;
  • Whether the agreement is filed after its formation, and if so on which it can be accessed by consumers;
  • The manner in which the consumer, prior to the conclusion of the contract, the information provided by him under the agreement may check and repair if required;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the manner in which consumers can electronically access these codes of conduct consult; and
  • the minimum duration of the distance contract in the case of a duration transaction.

Article 5 – The Agreement

  1. The agreement, subject to the provisions of paragraph 4, comes to effect at the time of the consumer’s acceptance of the offer and meeting the conditions set forth thereby.
  2. If the consumer has accepted the offer electronically, the entrepreneur confirms receipt electronically without delay of the acceptance of the offer. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer may reject the dissolve agreement.
  3. If the agreement is concluded electronically, the entrepreneur appropriate technical and organizational measures to security of electronic transmission of data and provides a secure web environment. If the consumer can pay electronically, the entrepreneur take appropriate safety measures for this purpose.
  4. The entrepreneur may – within legal frameworks – be aware establish whether the consumer can meet his payment obligations, as well as of all those facts and factors relevant to a responsible conclusion of the remote agreement. If the entrepreneur based on this investigation, has good grounds not to enter into the agreement. proceed, he is entitled to justify an order or request to refuse or attach special conditions to performance.
  5. With the product or service provided to the consumer, the entrepreneur will include the following information, in writing or in such a way that it can be used by the consumer in an accessible way can be stored on a durable data carrier, enclose:
  • the visiting address of the establishment of the trader where the consumer with complaints;
  • the conditions under which and the manner in which the consumer of the right of withdrawal, or a clear notice regarding being excluded from the right of withdrawal;
  • the information on warranties and existing after-purchase service;
  • the information contained in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
  • The requirements for termination of the agreement if the agreement has a duration of more than one year or of indefinite duration is.
  • In the case of a duration transaction, the provision of the preceding paragraph is applicable only to the first delivery.
  • Each agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

  • Article 6 – Right of withdrawal

    On delivery of products:

    1. When purchasing products, consumers have the option of using 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 person designated in advance by the consumer and appointed to the entrepreneur disclosed representative.
    2. During the cooling-off period, the consumer will handle with care the product and packaging. He will use the product only to the extent unpack or use to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal uses, he shall return the product with all delivered accessories and – If reasonably possible – in its original condition and packaging to return to the entrepreneur, in accordance with the reasonable and clear instructions.
    3. When the consumer wishes to exercise his right of withdrawal he is obliged to do so within 14 days, after receipt of the product, notify the entrepreneur. Making it known should the consumer to be done by telephone or other means of communication such as by e-mail. After the consumer has made it known to use wish to exercise his right of withdrawal, the customer must return the product within 14 days to return. The consumer must prove that the delivered items were returned in a timely manner, such as through proof of shipment.
    4. If, after the expiration of the periods specified in paragraphs 2 and 3, the customer does not has made it known that he wishes to exercise his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

    Article 7 – Costs in case of withdrawal

    1. If the consumer exercises his right of withdrawal, at highest the cost of return for his account.
    2. If the consumer has paid an amount, the business owner will make this amount as soon as possible, but no later than 14 days after revocation, repay. This does include the condition that the product has already been returned received by the merchant or conclusive proof of complete return can be presented. Reimbursement will be made through the same payment method used by the consumer unless the consumer expressly authorizes another payment method.
    3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
    4. The consumer cannot be held liable for depreciation of the product when the entrepreneur does not provide all the legally required information about the right of withdrawal has been provided, this should be done before the conclusion of the purchase agreement.

    Article 8 – Exclusion of the right of withdrawal

    1. The entrepreneur may exclude the consumer’s right of withdrawal For products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement, has mentioned.
    2. Exclusion of the right of withdrawal is only possible for products:
    • which are made by the entrepreneur in accordance with consumer specifications;
    • that are clearly personal in nature;
    • which by their nature cannot be returned;
    • whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
  • Exclusion of the right of withdrawal is only possible for services:
    • regarding assembly bed at customer’s premises on a specific date.

    Article 9 – The Price

    1. During the period of validity stated in the offer, prices are of the products and/or services offered not 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 on the financial market and over which the entrepreneur has no control, with offer variable prices. This bondage to fluctuations and the the fact that any prices listed are guide prices, when the offer stated. 
    3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
    4. Price increases from 3 months after the conclusion of the agreement are permitted only if the entrepreneur has stipulated this has and: 
    • they are the result of statutory regulations or provisions; or
    • the consumer has the power to terminate the agreement with effective the day on which the price increase takes effect.
  • The prices mentioned in the offer of products or services are including VAT.
  • All prices are subject to printing and typesetting errors. For the consequences of printing and typesetting errors, no liability is accepted. In case of printing and typesetting errors, the entrepreneur is not obliged to change the product deliver according to the incorrect price. 

  • Article 10 – Compliance and warranty

    1. The entrepreneur guarantees that the products and/or services meet to the agreement, to the specifications stated in the offer, to the reasonable requirements of soundness and/or serviceability and the date of the formation of the agreement existing legal provisions and/or government regulations. If agreed upon, the entrepreneur stands also that the product is suitable for other than normal use.
    2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer has on under the agreement may assert against the entrepreneur.
    3. Any defective or misdelivered products should be delivered within 2 months after delivery to the entrepreneur in writing. Return of the products must be in the original packaging and in new condition.
    4. The warranty period applies only to delivery of new components. The cost on site at customer, for replacement of these parts are not covered by the warranty. 
    5. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, at no time is the entrepreneur responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
    6. The warranty does not apply if:
    • the consumer has repaired the delivered products himself and/or edited or had third parties repair and/or edit it;
    • the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the instructions of the entrepreneur and/or on the packaging have been treated;
    • the defect is due in whole or in part to regulations that the government has made or will make regarding of the nature or quality of the materials used.

    Article 11 – Delivery and execution

    1. The entrepreneur will take the greatest possible care In receiving and fulfilling orders from products and in assessing requests for the provision of services.
    2. The place of delivery is the address provided by the consumer to the company has made known.
    3. Subject to what is stated in this regard in paragraph 4 of this article stated, the company will accept accepted orders with expeditious but no later than 30 days, unless consumer has agreed with a longer delivery period. If delivery is delayed experienced, or if an order cannot be fulfilled or can be fulfilled only in part. be performed, the consumer will receive notice of this no later than 30 days after he placed the order notification. In that case, the consumer has the right to rescind the agreement without cost. The consumer is not entitled to compensation. 
    4. All delivery dates are indicative. To any terms mentioned the consumer cannot derive any rights. Exceeding a deadline does not entitle the consumer to compensation.
    5. In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution, refund.
    6. If delivery of an ordered product proves impossible, the the entrepreneur makes every effort to make a replacement item available pose. At the latest upon delivery, clear and understandable way be notified that a replacement item will be provided. At replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
    7. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a prior designated and made known to the entrepreneur representative, unless expressly agreed otherwise.

    Article 12 – Payment

    1. Unless otherwise agreed, the consumer’s amounts due are to be paid within 7 working days of taking effect of the reflection period referred to in Article 6 paragraph 1. In case of a agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
    2. The consumer has a duty to correct inaccuracies in any information provided or stated payment details to the entrepreneur without delay.
    3. In case of non-payment by the consumer, the entrepreneur has subject to legal restrictions, the right to charge the consumer in advance the make known reasonable costs.

    Article 13 – Complaints procedure

    1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
    2. Complaints about the performance of the agreement must be made within 2 months must be submitted fully and clearly described to the entrepreneur, after the consumer has identified the defects.
    3. Complaints submitted to the entrepreneur are processed within a period of 14 days from the date of receipt answered. If a complaint is a foreseeably requires longer processing time, the entrepreneur replied within the 14-day period with a notice of receipt and an indication of when the consumer can get a more detailed answer. expect.
    4. If the complaint cannot be resolved by mutual agreement a dispute arises that is amenable to dispute resolution.
    5. For complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement should the consumer to contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), it will mediate free of charge. Please check if this online store has an ongoing membership has through https://www.webwinkelkeur.nl/ledenlijst/. Should no solution be reached by then, the consumer to have his complaint handled by the by WebwinkelKeur Foundation appointed independent dispute committee, the ruling of this is binding and both entrepreneur and consumer agree with this binding ruling. To submitting a dispute to this Disputes Committee there are costs associated with it, which are paid by the consumer should be submitted to the appropriate committee. It is also possible to report complaints via the European ODR platform ( http://ec.europa.eu/odr ).
    6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
    7. If a complaint is found to be justified by the entrepreneur, the entrepreneur at its discretion or replace the delivered products free of charge or repair.

     

    Article 14 – Disputes

    1. On contracts between the entrepreneur and the consumer on which this general conditions relate to, shall be exclusively governed by Dutch law applicable. Even if the consumer is resident abroad.
    2. The Vienna Sales Convention does not apply.

    Article 15 – Additional or different provisions

    Additional or from these general conditions deviating provisions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they are can be stored by the consumer in an accessible manner on a durable data medium.

     

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