Terms & conditions - Vogel's Webshop

Index:

Article 1 - Definitions
Article 2 - The Entrepreneur's identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right to cancel
Article 7 - Effects of cancellation
Article 8 - The price
Article 9 - Compliance and Warranty
Article 10 - Delivery and implementation
Article 11 - Payment
Article 11 - Complaints
Article 13 - Disputes
Article 14 - Additional or different terms

Article 1 - Definitions

In these conditions apply:

Cooling-off period: The period in which the consumer can exercise his right of withdrawal;

Consumer: the natural person not acting in the exercise of profession or business and entering a contract at distance with the entrepreneur;

Day: calendar day;

Transaction Duration: a distance contract concerning a series of products and / or services, of which the supply and / or purchase commitment is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally directed to him, in a way that enables future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the ability for consumers to cancel the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person that offers products and / or services to consumers;

Distance contract: means an agreement in the context of a distance selling of products and / or services organized by the entrepreneur system, until the conclusion of the agreement with the exclusive use of one or more means of distance communication;

Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.

Article 2 - The Entrepreneur's identity

Company Name: Vogel’s Products BV
Establishment: Hondsruglaan 93, 5628 DB, Eindhoven
Phone: +31 40 264 7400
Commercial Register: 17055312
VAT identification number: NL7580575B01

Article 3 - Applicability

These general conditions apply to every offer of the entrepreneur and any reached agreement at a distance between entrepreneur and consumer.

1. Before concluding a distance contract, the text of these general conditions are made available to the consumer. If this is for any reason not possible, the general conditions are available for inspection at the entrepreneur’s premises and can be sent free of charge as soon as possible at the request of the consumer, before the contract is concluded at a distance.
2. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the consumer in such a way that the consumer can save these in a simple way on a durable medium. If this is not reasonably possible, before the distance contract is closed, it will be indicated where to find the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
3. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms can always rely on the applicable provision most favorable to him.

 Article 4 - The offer

1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images, they are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are not binding to the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any costs of delivery;
• how the agreement will be achieved and what actions they require;
• if it applies whether or not the right of withdrawal;
• the method of payment, delivery or performance of the contract;
• The deadline for accepting the offer, or the deadline for adhering to the price;
• the size of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
• if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
• the way that the consumer, before concluding the agreement, can check the information provided by him can check and adjust if necessary;
• in any other languages, a part from Dutch, the contract may be entered;
• The code of conduct to which the entrepreneur is subject and the way the consumer can consult this code of conduct electronically; and the minimum duration of the distance contract in the event of an extended transaction. 

Article 5 - The contract

1. The agreement is, subject to the provisions of article 4, concluded at the moment that the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
4. The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse an order or request or to bind special conditions to its implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:

• the address of the establishment of the business where consumers can lodge complaints;
• the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and after sales service;
• the data included in article 4 paragraph 3 of these conditions, unless the operator has already provided this information to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right to cancel

You have the right to cancel this contract within 30 days without giving any reason. The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. an e-mail). Please contact us by phone +31(0)402647480 or by sending an e-mail to [email protected]. If you like to cancel your order and start the return procedure. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Article 7 - Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other* than the least ex-pensive type of standard delivery offered by us (*if this option is available)).

We will make the reimbursement without undue delay, and not later than:

•  14 days after the day we receive back from you any goods supplied, or
• (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
• if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

The shipping costs for returning an order are for the buying party, however if a product is being returned because of damage during the shipping process or because of product warranty the costs of the return will be for the seller.

You can fill out the return form and address our customer service to send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

Article 8 - The price

1. During the period mentioned, the prices of the products and / or services have not increased in the offer, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, with variable prices. These fluctuations and the fact that any prices are target prices, are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed and:

• these are the result of legislation or regulations; or
• the consumer has the right to terminate the agreement as of the date that the increase takes effect.

5. The prices in the offer of products or services include VAT.

Article 9 - Compliance and Warranty

1. The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. The warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may invoke under the contract against the entrepreneur.

Article 10 - Delivery and implementation

1. The trader will take the greatest possible care when receiving and implementing orders of products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. Subject to what is stated in article 4 of these terms and conditions, the company will execute accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer will be informed within 30 days after placing the order. The consumer in this case has the right to terminate the contract without charges and is entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount that consumers paid as soon as possible but no later than 30 days after termination.
5. If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. Ultimately with the delivery it will be reported that a replacement item is delivered in a clear and comprehensible manner. For replacement items the right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 11 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer are to be paid within 14 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to providing a service, the time limit begins after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the general conditions may never stipulate an advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service(s) before the advance payment has been made. Once payment has been made and is received by entrepreneur, the order will be prepared by the entrepreneur.
3. The consumer has the duty to report inaccuracies in supplied or specified data payment, immediately to the entrepreneur.
4. In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge reasonable costs in advance made known to the consumer.

Article 12 - Complaints

1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
2. Complaints about the execution of the contract must be promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. The entrepreneur replies to complaints within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur answers within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint can not be resolved by mutual agreement, a dispute will be created that is subject to dispute.

Article 13 - Disputes

1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.

Article 14 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be in such a way that the consumer in an accessible manner stored on a durable medium.