Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Payment and cancellation
Article 7 - Right of withdrawal
Article 8 - Costs in the event of a revocation
Article 9 - Exclusion of the right of withdrawal
Article 10 - The price
Article 11 - Conformity and warranty
Article 12 - Delivery and implementation
Article 13 - Duration transactions: duration, cancellation and extension
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
These terms and conditions means:
1. reflection time: the period within which the consumer can use his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of profession or business and an agreement concluded by the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility of consumers to refrain within the reflection time of the remote agreement;
7. Model form: The model form for revocation that the entrepreneur provides that a consumer can complete when he wants to use his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and / or remote services to consumers;
9. Distance agreement: an agreement whereby in the context of a remote sale of products and / or services organized by the entrepreneur, is made exclusively of one or more techniques for communication to be used up to the conclusion of the agreement distance;
10. Technology for remote communication: means that can be used to conclude an agreement, without consumer and entrepreneur simultaneously together in the same room.
11. General conditions: The present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Name Entrepreneur: Industrial Hunters
Location address: Bruningsstraat 21-4, 4251 La Werkendam
Telephone number: 0183-234 070
E-mail address: info@industrialhunters.nl
IBAN: NL61 BUNQ 2068 4110 59
KVK number: 85548103
VAT identification number: nl863663035B01
Article 3 - Applicability
1. These General Terms and Conditions apply to any offer of the entrepreneur and at a distance agreement and orders between entrepreneur and consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions will be made available to consumers. If this is reasonably not possible, before the remote agreement is concluded, it will be stated that the general terms and conditions can be viewed in the entrepreneur and they will be sent free of charge at the request of the consumer.
3. If the remote agreement is closed electronically, controlled from the previous paragraph and before the remote agreement is concluded, the text of these General Terms and Conditions by electronic means to the consumer are made in such a way that this by the Consumers in a simple way can be stored on a sustainable data carrier. If this is reasonably possible, before the remote agreement is concluded, it will be specified where the general terms and conditions can be taken by electronic means and that they will be sent electronically or in other ways at the request of the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph of corresponding application is and the consumer can always rely on the applicable provision in the event of conflicting general terms and conditions that most favorable.
5. If one or more provisions in these General Terms and Conditions are wholly or in part at any time, the agreement and those conditions for the rest shall remain and the relevant provision will be replaced by a provision without delay by a provision that The scope of the original approached as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'to the Spirit' of these General Terms and Conditions.
7. Ambalculations on the explanation or content of one or more provisions of our conditions must be interpreted 'to the Spirit' of these General Terms and Conditions.
Article 4 - The offer
1. If an offer has a limited validity period or under conditions, this is emphatically stated in the supply.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to make a good assessment of the offer by consumers possible. If the entrepreneur uses images, these are a truthful representation of the products and / or services offered. Apparent errors or apparent errors in the range do not bind the entrepreneur.
4. All images, specifications Data in the range are indication and cannot be a reason to compensate the agreement.
5. Images of products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
6. All items are in vintage condition. "Small" traces of use are normal. If an article has significant damage, this is always stated to the article or displayed on the photo.
7. Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This in particular concerns:
The price including taxes;
the possible costs of shipment;
The way in which the agreement will be established and what acts are necessary for this;
whether or not to apply the right of withdrawal;
the method of payment, delivery and implementation of the agreement;
The deadline for acceptance of the supply, or the period within which the entrepreneur guarantees the prize;
the level of the remote communication rate if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the means of communication;
whether the agreement is archived after the creation, and if so how to consult it for consumers;
the way in which the consumer, for the conclusion of the agreement, can check the data provided by it under the Agreement and, if desired;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct that the entrepreneur has been subjected and the way in which the consumer can consult these codes of conduct by electronic means; and
The minimum duration of the remote agreement in the event of a duration transaction.
Article 5 - The agreement
1. The Agreement shall, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the supply and complying with the conditions laid down.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately provide the receipt of the acceptance of the offer by electronic means. 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 established electronically, the entrepreneur finds appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will respect appropriate safety measures to this.
4. The entrepreneur may notify - within legal frameworks - whether the consumer can meet his payment obligations, as well as all of those facts and factors that are important for a renewable assignment of the remote agreement. On the basis of this study, if the entrepreneur has good grounds to not enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to implementation.
5. With the product or service to consumers, the entrepreneur will send the following information, in writing or in such a way that it can be stored in a sustainable data carrier by the consumer in an accessible manner:
a. the visiting address of the entrepreneur's establishment where the consumer can go to complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the implementation of the agreement;
e. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of an indefinite period.
6. In the event of a duration transaction, the provision in the previous paragraph only applies to first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 6 - Payment & Cancellation
1. Purchase which have been done in the store must always be fully paid before it can be collected or it can be supplied through parcel post or transport.
2. To the extent that it has not been agreed otherwise, the amounts owed by the consumer must be met within 7 working days after entering into the inventory period as referred to in Article 7 paragraph 1. In the event of an agreement to grant a service, this capture Deadline after the consumer has received the confirmation of the agreement.
3. The consumer has the duty to report inaccuracies to the entrepreneur without delay in preliminary or stated payment details.
4. For goods that are specially ordered or reserved for the customer, a deposit of 25% of the purchase price must be paid ahead.
5. In the case of a situation referred to in Article 6.4, the Customer must fully comply with the (remaining) purchase amount at the time of collecting, provided that the full purchase amount must also be paid to articles that are delivered.
7.4 Client can change or cancel the order free of charge within 5 working days after purchase. With the exception of articles that have been established in accordance with customer specifications such as customized furniture.
7.5 In the event of a cancellation after the period of 5 working days, the customer will be charged cancellation costs amounting to 25% of the purchase amount.
3. In the event of a consumer default, the entrepreneur - subject to legal restrictions - has the right to charge the reasonable costs known to the consumer in advance.
Article 7 - Right of withdrawal
Upon delivery of products:
1. At the online purchase of products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This concerns about the day of receipt of the product by the consumer or a prior consumer designated by the consumer and represented to the entrepreneur. If the consumer buys a product in the store then there is no reflection time.
2. During the reflection time, consumers will handle the product and packaging carefully. He or she will unpack or use the product to the extent that it is necessary to assess whether he wishes to preserve the product. If he uses his right of withdrawal, he will return the product with all supplied 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 consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, upon receipt of the product. The consumer must do it known by means of the model form. After the consumer has known to want to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example through proof of shipment.
4. If the customer has not made use of his right of withdrawal response after the time limits referred to in paragraphs 2 and 3. The product has not returned to the entrepreneur, buy a fact.
5. If the package cannot be delivered in parcel post, the package will be placed nearby. If the package is not collected in time, the package will be sent back to the sender. In this case the order is automatically canceled and you are € 10 administration and processing costs + the shipping costs guilty. The possible remainder will be reimbursed to you.
Upon delivery of services:
6. In the event of a provision of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, entered the day of entering into the agreement.
7. To make use of its right of withdrawal, consumers will focus on the reasonable and clear instructions provided by the entrepreneur during the supply and / or at the latest upon delivery.
Article 8 - Costs in the event of a revocation
1. If the consumer uses his right of withdrawal, the costs of return will be charged at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. Here, the condition that the product has already been received by the web retailer or conclusive proof of complete return can be submitted.
Article 9 - Exclusion of the right of withdrawal
1. The entrepreneur may exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the supply, at least timely to the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. established by the entrepreneur in accordance with consumer specifications;
b. which are clearly personal in nature;
c. which cannot be returned by their nature;
d. that can spoil or aging quickly;
e. whose price is bound to fluctuations on the financial market to which the entrepreneur has no influence;
f. For loose newspapers and magazines;
G. For audio and video recordings and computer software whose consumer has broken the seal.
h. For hygienic products whose consumer has broken the seal.
I. They were purchased in the store.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant company or leisure activities to perform at a certain date or during a certain period;
b. whose delivery with the express consumer consent started before the reflection time has expired;
c. concerning bets and lotteries.
Article 10 - The price
1. During the validity period specified in the offer, the prices of the products and / or services offered are not increased, subject to price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound to fluctuations on the financial market and where the entrepreneur does not affect variable prices. This bondage to fluctuations and the fact that any prices stated are target prices are stated in the supply.
3. Price increases within 3 months of 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 this stipulated and:
a. These are the result of legal regulations or provisions; or
b. The consumer the authority has to cancel the agreement with effect from the day on which the price increase starts.
5. The prices mentioned in the range of products or services include VAT, often by 0% by the margin scheme. Only on new products is 21% VAT.
6. All prices are subject to pressure and eating errors. No liability is accepted for the consequences of pressure and eating errors. In printing and putting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
7. The prices of the products are based on collect yourself in the store. If you do not remove products yourself, delivery costs will always be added.
8. Because we sell webshop via the store and webshop, it can sometimes happen that a product has already been sold in the store and this has not yet been updated in the webshop. The first buyer then is entitled to this article.
Article 11 - Conformity and warranty
1. The entrepreneur states that the products and / or services meet the agreement, the specifications mentioned in the offer, to the reasonable requirements of reliability and / or usability and the legal requirements on the date of the conclusion of the agreement provisions and / or public regulations. If agreed, the entrepreneur is also in that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may apply to the entrepreneur under the Agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur within X days / weeks after delivery. Return of the products should be done in the original packaging and in new condition.
4. The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, the entrepreneur is not responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
o the consumer has repaired and / or edited the delivered products themselves or have it repaired and / or editing by third parties;
o the products supplied to abnormal circumstances are exposed or otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or packaging are treated;
o The defendence is completely or partially the result of regulations that the government has asked or will set with regard to the nature or quality of the materials used.
Article 12 - Delivery and implementation
1. The entrepreneur will comply with the greatest possible care when receiving and in the execution of products orders and in the assessment of applications for the provision of services.
2. If the place of delivery, the address applies that the consumer has made known to the company.
3. With due observance of what is specified in paragraph 4 of this article, the company will perform accepted orders with competent emergency but no later than 30 days, unless consumers agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed only or only partially, the consumer will receive this no later than 30 days after he has placed the order message. In that case, consumers have the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights to any aforementioned periods. The consumer is not entitled to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this Article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after decomposition.
6. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest when delivery will be reported to a clear and comprehensible manner that a replacement item is supplied. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are borne by the entrepreneur.
7. The risk of damaging and / or loss of products is based on the entrepreneur until the moment of delivery to the consumer or a pre-appointed representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 13 - Duration transactions: duration, cancellation and extension
Cancellation
1. The consumer may, an agreement that has been entered into for an indefinite period and that regulates the arranged delivery of products (including electricity) or services, at any time, at any time with due observance of agreed cancellation rules and a notice period of no more than one month.
2. The consumer cancel an agreement that has been entered into for a fixed time and which stretches to the regulated delivery of products (including electricity) or services, at all times at the end of the limited duration, at the end of the limited duration, with due observance of agreed cancellation rules and a cancellation period from a maximum of one month.
3. The consumer can be the agreements mentioned in the previous paragraphs:
Cancel at all times and not limited to cancellation at a specific time or in a certain period;
at least cancel in the same way when they have been entered into by Him;
Always cancel with the same cancellation period if the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a fixed time and which stretches to the arranged delivery of products (including electricity) or services may not be tacitly extended or renewed for a limited duration.
5. By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed period and that stretches to the regular delivery of day news and weekly newspapers and magazines are tacitly extended for a certain duration of up to three months, if the consumer extended this Agreement can cancel against the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a limited period of time and the arranged delivery of products or services may only be tacitly extended for an indefinite period if the consumer can clarify at all times with a notice period of no more than one month and a cancellation period of A maximum of three months in case the agreement extends to it, but less than once a month, delivering day, news and weekly newspapers and magazines.
7. An agreement with a limited duration to the arranged to the acquisition of day, news and weekly newspapers and journals (trial or introduction subscription) is not tacitly continued and ends automatically after the test or introduction period.
Expensive
8. If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time after a year by no more than one month, unless the reasonableness and fairness against cancellation before the end of the agreed duration to postpone.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently announced complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly defined within 7 days to the entrepreneur after the consumer has found the defects.
3. Complaints submitted to the entrepreneur are recognized within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur responds within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute that is susceptible to the dispute settlement.
5. Complaints that cannot be solved in mutual consultation should take the consumer to the Schilonline Foundation, the ruling of this is binding and both entrepreneurs and consumers agree with this binding statement. To submit a dispute to this Disputes Committee, costs associated with the consumer must be submitted to the relevant committee.
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 well-founded by the entrepreneur, the entrepreneur will replace or repair the products delivered to its choice or the delivered products.
European ODR platform for complaints.
From 15 February 2016, it is also possible for consumers in the EU to sign up complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet proceeding elsewhere, it is free to deposit your complaint via the European Union platform.
Article 15 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
In addition to these General Terms and Conditions, the provisions of these General Terms and Conditions may not be in writing to be laid down in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier.
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