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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 revocation
Article 8 - The price
Article 9 - Conformity and Warranty
Article 10 - Delivery and execution
Article 11 - Payment
Article 12 - Force majeure and liability
Article 13 - Data management
Article 14 - Complaints
Article 15 - Disputes
These terms and conditions include:
Prayer period: The term within which consumers can make use of their right of withdrawal;
Consumer: The natural person who does not act in the exercise of occupation or business and agrees to a contract with the entrepreneur;
Day: calendar day;
Sustainable data carrier: Any means that allows the consumer or entrepreneur to store information that is personalized to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to refrain from the distance agreement within the concealment period;
Entrepreneur: The natural or legal person who offers products and / or services at a distance to consumers, in the case of Masonjar, for example;
Remote agreement: an agreement whereby only one or more remote communication techniques are used in the context of an enterprise-based system for distance selling of products and / or services, until the conclusion of the agreement.
Remote communication technology: means that can be used to conclude an agreement, without the consumer and the entrepreneur coming together in the same space.
Ocen e.g. Acting under the name: Masonjar
4902 TT Oosterhout
Reach: Monday to Friday from 8:30 to 17:30
E-mail address: [email protected]
Chamber of Commerce: KvK 66033497
These terms and conditions apply to any offer of the entrepreneur and to any agreement reached between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible.
If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the remote agreement is concluded, the text of these terms and conditions may be made available to consumers electronically in such a way that the consumer A simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise by the consumer.
In the event that, in addition to these general terms and conditions, product conditions apply, the second and third paragraphs apply mutatis mutandis and, in the case of contradictory terms and conditions, the entrepreneur can always rely on the applicable provision that is most favorable to him.
By placing an order, the consumer is informed that he agrees with these terms and conditions.
The entrepreneur reserves the right to change its terms and conditions.
Unless otherwise agreed in writing, the general or specific terms or terms of consumer or third parties are expressly acknowledged, and hereby rejected.
If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
The price including taxes;
The possible costs of delivery;
The manner in which the agreement will be established and what actions are required for this purpose;
Whether or not it applies to the right of withdrawal;
The manner of payment, delivery and execution of the agreement;
The time limit for acceptance of the offer or the term within which the entrepreneur guarantees the price;
The level of the distance communication fee if the cost of using remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
Any other languages in which, in addition to Dutch, the agreement can be concluded.
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to secure the electronic data transfer and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
The entrepreneur can, within legal frameworks, inform whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to impose special terms on the execution.
The business owner shall provide the consumer with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
A. The visiting address of the establishment of the entrepreneur where the consumer is entitled to complaints;
B. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
C. The information about guarantees and existing post-purchase service;
D. The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
e. The terms for termination of the agreement if the agreement has a duration of more than one year or indefinite duration.
1. In the case of a consumer purchase, in accordance with the Distance Sales Act (Article 7: 5 of the Dutch Civil Code), the customer has the right to return the goods (part of) the goods delivered within a 7-day period without giving a reason. This term expires on the day following receipt of the product by the consumer or a consumer appointed by the consumer and notified to the entrepreneur. During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether it wishes to maintain the product.
2. If the customer has not returned the seller after the expiry of this period, the purchase is final.
3. The customer is obliged to report to the entrepreneur within 7 working days after delivery before returning.
4. The customer must prove that the goods delivered have been returned in time, for example, by post delivery proof.
5. Return of the goods must be done in the original packaging (including accessories and accompanying documentation) and in new condition.
6. If the goods have been used by the buyer, are damaged or damaged in any way, the right to dissolve within the meaning of this article shall expire.
7. The right to dissolve within the meaning of this Article shall lapse if the goods delivered by the trader have been exposed to abnormal circumstances or otherwise be inadequate or treated or contrary to the instructions of the trader or manufacturer and / or the instructions for use on the packaging Treated.
8. If he makes use of his right of withdrawal, the consumer will return the product with all delivered accessories and - if reasonably possible - to the vendor in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the vendor.
Article 7 - Costs in case of revocation
If the consumer makes use of his right of withdrawal, the cost of return will be payable.
If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 30 days after the return or revocation.
The entrepreneur determines the prices of the products offered.
The prices mentioned in the offer of products or services are quoted in Euros and inclusive of VAT.
The shipping costs of products are borne by the consumer.
The vendor determines the cost of shipping.
All prices on the site are subject to printing and printing errors.
Offers are free of charge, unless stated otherwise.
Offers are only valid for orders within the time limit specified in the offer and not expressly for subsequent orders.
The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
The entrepreneur will take the utmost care when receiving and carrying out orders for products and assessing applications for services.
The place of delivery is the address that the consumer has notified to the company.
With due regard to what is stated in Article 4 of these terms and conditions, the company will carry out accepted orders at an accelerated rate, but not later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order can not be executed, or only partially, the consumer will receive a notification within 30 days of placing the order.
In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but not later than 30 days after dissolution.
If delivery of a ordered product proves impossible, the vendor will refund the amount within 5 working days to the account number with which the order is placed.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated representative, announced to the entrepreneur, unless explicitly agreed otherwise.
The supplier's delivery obligation will be fulfilled, except in case of counter-notification, once the goods delivered by the trader have been offered to the customer once. In the case of delivery at home, the carrier's report, including the refusal of acceptance, provides proof of supply to delivery.
Delivery will only take place while stocks last.
The amounts owed by the consumer must be paid immediately upon order, through online banking or by credit card or other electronic payment system.
The consumer is obliged to notify the entrepreneur without delay of any incorrect or stated payment information.
In case of non-payment of the consumer, the entrepreneur has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.
1. Entrepreneur is not liable for any damage to the consumer, if and insofar as he can not fulfill its obligations as a result of force majeure.
2. Force majeure means any foreign cause, as well as any circumstance, which in principle should not be at risk. Delay in or invalidity by a supplier of an entrepreneur, interference in electronic (pay) traffic, interference in electricity, interference in email traffic or changes in third party technology, transport difficulties, workstations, government measures, delays in landing, negligence From suppliers and / or manufacturers of entrepreneurs, as well as of assistants, staff disease, defects in assistance or transport, are expressly considered as force majeure.
3. In the event of force majeure, the Entrepreneur reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that implementation remains possible. In no case is the entrepreneur obliged to pay any fine or damages.
4. Entrepreneur is not liable for damage caused to business or injury to persons by misuse of the products supplied by her. Before use, read the instructions on the packaging and / or consult our website.
1. If you place an order with an entrepreneur, your information will be included in the customer base of an entrepreneur. Entrepreneur adheres to the Personal Data Registration Act and will not disclose your information to third parties, insofar as this is not required in the context of the handling of consumer order.
2. Entrepreneur respects the privacy of the users of the internet site and ensures the confidentiality of your personal information.
3. Entrepreneur uses a mailing list. Each mailing contains instructions for the consumer to remove from the list.
The entrepreneur has a well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
Contracts between the entrepreneur and the consumer to which these terms and conditions relate are subject to Dutch law.
Disputes arising from the agreement between the entrepreneur and the consumer, which can not be resolved by mutual agreement, the competent court in the district of Breda will notify unless the entrepreneur chooses the dispute to the competent court of the buyer's place of residence And with the exception of those disputes belonging to the jurisdiction of the district court judge.