General terms and conditions for non-members of the Dutch Home Shopping Organization
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: Only right of withdrawal
Article 9: The price
Article 10: Compliance with the agreement and extra guarantee
Article 11: Delivery and execution
Article 12: Duration transactions: duration, cancellation and extension
Article 13: Payment
Article 14: Complaints procedure
Article 15: Disputes
Article 16: Additional or deviating provisions
Article 1: Definitions
In these terms and conditions the following definitions apply:
Additional agreement
An agreement whereby the consumer acquires products, digital content and/or services in connection with an agreement on distance and these cases. Digital content and/or services which are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.
Reflection period
The period within which the consumer can make use of his right of withdrawal.
Consumer
The person who is not acting for purposes related to his trade, business, craft or profession.
Day
Calendar day.
Digital content
Data produced and delivered in digital form.
Duration agreement
An agreement that extends to the regular delivery of goods, services and/or digital content during a certain period.
Sustainable data carrier
Any tool including e-mail that enables the consumer or entrepreneur to save information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended. And which allows unmodified reproduction of the saved information.
Right of withdrawal
The consumers option to cancel the agreement within the reflection period.
Entrepreneur
The legal person who is a member of Thuiswinkel.org and who offers products, digital content and/or services to consumers.
Agreement on distance
An agreement between the entrepreneur and the consumer in the context of an organized system for selling products, digital content and/or services on distance. Whereby up to closing of the agreement use is made exclusively for one or more techniques for distance communication.
Model withdrawal form
The European model of the withdrawal form is included in enclosure I of these terms and conditions. Enclosure I does not have to be made available if the consumer has no right of withdrawal with regard to his order.
Technology for distance communication
A resource that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2: Identity of the entrepreneur
Company name: MacunKing
Company address: Corantijn 31-L, 1689 AN, Zwaag
Phone number: 0850654115
Availability: Monday to Friday from 09:00 till 18:00
Email address: info@macunking.com
Chamber of Commerce number: 81581513
Article 3: Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement between the entrepreneur and the consumer.
Before the distance agreement has been concluded. The text of these general terms and conditions is made available for the consumer. If this is not reasonably possible the entrepreneur will indicate before the distance agreement 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 on the request of the consumer.
If the distance agreement is concluded electronically notwithstanding the previous paragraph and before the distance agreement 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 save it in a simple way on a sustainable data carrier. If this is not reasonably possible before the distance agreement is concluded. It will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically.
In the event that the 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 that is most favorable to him in the event of conflicting conditions.
Article 4: The offer
If an offer has a limited period of validity or is subject to conditions. Will this be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services. The description is sufficiently detailed to provide a proper assessment of the offer by the consumer. If the entrepreneur uses images then they are a true representation of the products, services and/or digital content. Mistakes or faults in the offer do not bind the entrepreneur.
Each offer contains information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
The price includes taxes.
The possible costs for delivery.
The way in which the agreement will be concluded and which actions are required for this.
Whether or not the right of withdrawal applies.
The term for acceptance of the offer or the term within which the entrepreneur guarantees the price.
The level of the rate for distance communication if the costs of using technology for distance communication are calculated on a different basis than the regular base of rate for the means of communication is used.
If the agreement is archived after the creation. If so, in which way can the consumer provide this.
The way in which the consumer can check or rectify the data provided by him in the agreement before concluding the agreement.
The possible other languages other than Dutch which in the agreement can be concluded.
The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance agreement in the case of a long-term transaction.
Article 5: The agreement
The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically will the entrepreneur immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur. Can dissolve the consumer the agreement.
If the agreement is concluded electronically will the entrepreneur take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically will the entrepreneur observe appropriate security measures.
The entrepreneur can inform himself within legal frameworks if the consumer can fulfil his payment obligations. as well as about all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to enter into the agreement on the basis of this investigation. Is he entitled to refuse an order, request or to attach special conditions to the execution.
The entrepreneur will send at the latest by the delivery of the product, service or digital content the following information in writing or in such a way that it can be saved by the consumer in an accessible manner on a sustainable data carrier:
The visiting address of the establishment where the consumer can go with complaints.
The conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal.
The information about warranties and existing after-sales service.
The price including all taxes of the product, service or digital content;
to the extent applicable the costs of delivery; and the method of payment, delivery or executie of the distance agreement.
The requirement for termination of the agreement if the agreement has a duration of more than one year or if it is on an indefinite duration.
Article 6: Right of withdrawal
At products
The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but not oblige him to state his reason(s).
During the reflection period will the consumer handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur. In accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services
When providing services the consumer has the option to dissolve the agreement without stating a reason for at least fourteen days. Starting on the day of entering into the agreement.
To make use of his right of withdrawal will the consumer follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7: Costs in case of withdrawal
If the consumer makes use of his right of withdrawal the costs of return will be for his account.
If the consumer has paid an amount will the entrepreneur refund this amount as soon as possible. But no later than 30 days after the return.
Article 8: Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal. But only if the entrepreneur has clearly stated this in the offer or at least in time for the conclusion of the agreement:
The entrepreneur can exclude the consumers right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer or at least before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been established by the entrepreneur in accordance with the consumers specifications.
which are clearly personal in nature.
which by their nature cannot be returned.
that can spoil or age quickly.
the price of which is subjected to fluctuations in the financial market over which the entrepreneur has no influence.
for individual newspapers and magazines.
for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period.
the delivery of which has started with the express consent of the consumer before the reflection period has expired.
concerning betting and lotteries.
Article 9: 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 as a result of changes in VAT rates.
Contrary to the previous paragraph, can the entrepreneur offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence on the variable prices. This dependence on fluctuations and the fact that any prices stated 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:
These are the result of statutory regulations or provisions.
the consumer has the authority to cancel 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.
Article 10: Compliance with the agreement 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 reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
An extra guarantee is understood to mean any obligation by the entrepreneur, 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 11: Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
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 will the entrepreneur execute accepted orders expeditiously but at the latest within 30 days. Unless a different delivery period has been agreed on. If the delivery is delayed or if an order can not or only partially be executed will the consumer be notified of this no later than 30 days after he has placed the order. In that case the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph will the entrepreneur refund the amount that the consumer has paid as soon as possible. At the latest 30 days after cancellation.
If a delivery of an ordered product proves to be impossible will the entrepreneur make every effort to make a replacement item available. At the latest upon delivery will it be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items can the right of withdrawal not be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the customer unless otherwise agreed. We cannot be held liable for lost or undelivered packages by the delivery service.
Article 12: Duration transactions: duration, cancellation and extension
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, with due observance of the agreed cancellation rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at least maximum one month.
The consumer can like in the previous paragraphs the agreement:
Cancel at any time and are not limited to cancellation at a specific time or period.
At least cancel in the same way as they entered him.
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 which extends to the regular delivery of products (including electricity) or services, may not be without a warning extended or renewed for a definite period.
In contrast to the previous paragraph an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be without warning extended for a fixed term of a maximum of three months. If the consumer opposes this extended agreement can terminate the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be without warning extended for an indefinite period if the consumer is allowed to 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 without warning and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year may the consumer terminate the agreement at any time after one year with a notice period of no more than one month. Unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13: Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service is this period starting after the consumer has received the confirmation of the agreement.
When selling products to consumers an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated can the consumer not assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right to subject legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14: Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly be 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 will the entrepreneur answer within the period of 14 days with a notification of receipt and an indication 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 term a dispute arises that is subject to the dispute settlement procedure.
Article 15: Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. If the entrepreneur focuses his activities on the country where the consumer lives, can the consumer always invoke the mandatory consumer law of his country.
A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. By preferably will the consumer first report this to the entrepreneur.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after a written request to that is made by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. If the entrepreneur is not informed of the consumers choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee will not deal with a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been issued. has been pointed out.
Article 16: Additional or different provisions
Additional provisions or provisions that deviate 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 saved by the consumer in an accessible manner on a sustainable data carrier.
