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General 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 termination
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercising the right of termination by the consumer and respective costs
Article 9 – Obligations of the entrepreneur upon termination
Article 10 – Exclusion right of termination
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and performance
Article 14 – Duration transactions: duration, cancellation, and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Article 2 – Identity of the Entrepreneur
Name of entrepreneur: Goud Bos
Address: Yukonstraat 27, 1448 XG Purmerend
E-mail address: [email protected]
Chamber of Commerce number: 89865243
VAT identification number: NL004766973B28

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and order between the entrepreneur and the consumer.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's premises and that they will be sent free of charge as soon as possible at the request of the consumer. 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 can be made available to the consumer electronically in such a way that the consumer can read them. consumer can be stored in a simple manner 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.
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 the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. is most favorable to him.
If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions will otherwise remain in effect and the relevant provision will be immediately replaced in mutual consultation by a provision that approached the purport of the original as much as possible. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these represent the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneurs cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular

Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. The consumer can dissolve the agreement if the entrepreneur has not confirmed the receipt of this acceptance.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. The entrepreneur will take appropriate security measures if the consumer can pay electronically.
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 a responsible conclusion of the distance contract. If, based on 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.
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:

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

Article 6 – Right of termination
By products: the consumer can dissolve an agreement regarding 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 the termination, but not oblige him to state his reason(s).
The cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product or:

For services and digital content that is not supplied on a material carrier:
The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for a minimum period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the termination, but not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 commences 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 material carrier if the information is not provided about the right of termination:
Suppose the entrepreneur has not provided the consumer with the legally required information about the right of termination or the model form for termination. In that case, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period
During the cooling-off period, you must carefully handle the product and packaging. You may only unpack or use/fit the product to the extent necessary to determine the nature and characteristics of the product. The starting point here is that you may only handle and inspect the product as you would be allowed to do in a store.
You are only liable for the product's depreciation resulting from a way of handling the product that goes beyond what is permitted in paragraph 1. You are not liable for depreciation of the product if Goud Bos does not inform you before or when the contract is concluded. the agreement has provided all legally required information about the right of termination.

Article 8 – Exercising the right of termination by the consumer and respective costs
If the consumer makes use of his right of termination, he must report this within the cooling-off period by means of the model termination form or in another unambiguous manner to the entrepreneur.
The consumer will return the product as soon as possible, but at least within 14 days from the day following the notification referred to in paragraph 1.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The consumer bears the direct costs of returning the product.
The risk and the burden of proof for the correct and timely exercise of the right of termination lie with the consumer. This means the consumer is liable if the shipment is lost or damaged.

Article 9 – Obligations of the Entrepreneur upon Termination
If the entrepreneur makes the notification of termination by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
The entrepreneur will refund all payments made by the consumer, including any delivery costs charged for the returned product, immediately but within 14 days following the day the consumer notifies him of the termination. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is sooner.
The entrepreneur uses the same payment method that the consumer has used for a refund unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion right of termination
The entrepreneur can exclude the following products and services from the right of termination, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Article 11 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes because of changes in VAT rates.
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, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; whether
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. If printing and typesetting errors occur, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 12 – Compliance and extra guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
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 the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

Article 13 – Delivery and performance
The entrepreneur will take the greatest possible care when receiving and executing orders for products and assessing applications for service provision.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution, per the previous paragraph, the entrepreneur will immediately refund the amount the consumer has paid.
The risk of damage and/or loss of products rested with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance. It made known to the entrepreneur unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and renewal
Cancellation:
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can use the agreements referred to 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 he has entered into them;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended 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 fixed term of a maximum of three months if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.
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 extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued. It ends automatically at the end of the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may terminate 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 15 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off 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.
The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 16 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
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.
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 notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer, to which these general terms and conditions apply even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 18 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer. They must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Annex I: Model termination form

Model termination form
(only fill in and return this form if you want to cancel the contract)
To: {name of entrepreneur}
[geographical address entrepreneur]
[fax number entrepreneur, if available]
[email address or electronic address of entrepreneur]
I/We* share(s)* hereby informing you that I/We* concerning our agreement
the sale of the following products: [description of product]*
the delivery of the following digital content: [digital content designation]*
the provision of the following service: [designation of service]*,
revoked/revoked*
Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address consumer(s)]
[Signature consumer(s)] (only if this form is submitted on paper)
* Strike out what is not applicable or fill in what is applicable.

 

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