Article 1 – Definitions
In these conditions the following definitions apply:
Additional
agreement: an agreement whereby the consumer sells digital products
acquires content and/or services in connection with an agreement on
distance and these items, digital content and/or services by the entrepreneur
be delivered or by a third party based on an agreement
between that third party and the entrepreneur; Reflection period: the period within which the consumer can exercise his right of withdrawal; Consumer:
the natural person who does not act for related purposes
with his trade, business, craft or professional activity; Day: calendar day; Digital content: data that is produced and delivered in digital form; Duration agreement:
an agreement that extends to the regular delivery of goods,
services and/or digital content for a certain period of time; Sustainable
data carrier: any tool - including e-mail - that the
enables the consumer or entrepreneur to access information provided to him
is personally oriented, to store in a way that future
consultation or use for a period appropriate to it
purpose for which the information is intended, and that unaltered reproduction
of the stored information;Right of withdrawal: the option of the consumer to cancel the distance contract within the cooling-off period;Entrepreneur:
the natural or legal person who provides products, (access to) digital
offers content and/or services remotely to consumers; Agreement
distance: an agreement between the entrepreneur and the consumer
is concluded within the framework of an organized system of sales
remotely of products, digital content and/or services, where up to and
used exclusively or jointly with the conclusion of the agreement
one or more techniques for distance communication; Model form
for revocation: the information included in Appendix I of these conditions
European model withdrawal form. Annex I is not necessary
to be made available to the consumer in this regard
order has no right of withdrawal; Technology
for remote communication: means that can be used for the
concluding an agreement, without consumer and entrepreneur
need not have met in the same room at the same time.
Article 2 – Identity of the entrepreneur
funkowebshopreuver.nl
E-mail address: info@funkowebshopreuver.nl
Chamber of Commerce number: 88139271
VAT identification number: NL004546985B53
Article 3 – Applicability
This
general terms and conditions apply to every offer from the
entrepreneur and on any distance contract concluded between
entrepreneur and consumer. Before the
distance contract is concluded, the text of this general
conditions made available to the consumer. If this
is not reasonably possible, the entrepreneur will do so before the
distance contract is concluded, indicate how the
general terms and conditions can be viewed at the entrepreneur and that they are on
request of the consumer as soon as possible free of charge
sent. If the agreement ends
distance is closed electronically, this is possible in deviation from the previous paragraph
and before the distance contract is concluded, the text of this
general terms and conditions electronically to the consumer
be made available in such a way that it can be used by the consumer
can be easily stored in a sustainable way
data carrier. If this is not reasonably possible,
the distance contract is concluded, it is indicated where
General terms and conditions can be viewed electronically
and that they can be provided electronically or on request by the consumer
will be sent free of charge in any other way.For
in the event that in addition to these general terms and conditions there are also specific
product or service conditions apply, the second is and
third paragraph applies mutatis mutandis and the consumer can opt in
In case of conflicting conditions, always rely on the applicable conditions
provision that is most favorable to him.
Article 4 – The offer
If
an offer has a limited period of validity or is subject to conditions
takes place, this will be expressly stated in the offer
offer contains a complete and accurate description of the
products, digital content and/or services offered. The description is
sufficiently detailed to allow a proper assessment of the offer by the
to make it possible for consumers. If the entrepreneur uses
images, these are a true representation of the offered
products, services and/or digital content. Obvious mistakes or
Apparent errors in the offer do not bind the entrepreneur. Each
offer contains such information that is clear to the consumer
what are the rights and obligations attached to the acceptance of it
offer are connected.
Article 5 – The agreement
The
agreement, subject to the provisions of paragraph 4, comes to an end
status at the time of acceptance of the offer by the consumer and
meeting the conditions set. If
the consumer has accepted the offer electronically,
the entrepreneur will immediately confirm receipt electronically
of the acceptance of the offer. As long as the receipt of this
acceptance has not been confirmed by the entrepreneur, the consumer can
terminate the agreement. If the
If the agreement is concluded electronically, the entrepreneur will take appropriate action
technical and organizational measures to secure the
electronic transfer of data and ensures a secure one
web environment. If the consumer can pay electronically, the
entrepreneur must observe appropriate safety measures
entrepreneur can inform himself within legal frameworks or
the consumer can meet his payment obligations, as well as from
all those facts and factors that are important for a responsible
entering into the distance contract. If the entrepreneur is based on:
of this investigation has good grounds not to accept the agreement
he is entitled to submit an order or request with reasons
refuse or attach special conditions to the implementation
the entrepreneur will no later than upon delivery of the product, service or
digital content to the consumer the following information, in writing or
in such a way that it can be accessed by the consumer
can be stored on a durable data carrier, include: the visiting address of the entrepreneur's branch where the consumer can go with complaints;
conditions under which and the manner in which the consumer enjoys it
can exercise the right of withdrawal, or a clear notification
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; where applicable, the costs of delivery; and
the method of payment, delivery or execution of the agreement
waiver; the requirements for cancellation
of the agreement if the agreement has a duration of more than
is one year or of indefinite duration; if the consumer has a right of withdrawal, the model withdrawal form. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
The
consumer can enter into an agreement regarding the purchase of a
product during a cooling-off period of at least 14 days without stating
reasons to terminate. The entrepreneur may ask the consumer the reason
of withdrawal, but not to state his reason(s)
obligatory.The mentioned in paragraph 1
cooling-off period starts on the day after the consumer, or a prior agreement by the
consumer designated third party, who is not the carrier, has the product
received, or: if the consumer in
multiple products have been ordered in the same order: the day on which the
consumer, or a third party designated by him, has the last product
received. The entrepreneur is allowed, provided he informs the consumer beforehand
has clearly informed the ordering process, a
ordering multiple products with different delivery times
refuse.if the delivery of a
product consists of different shipments or parts: the day on which
the consumer, or a third party designated by him, the last shipment or
has received the last part; at
agreements for regular delivery of products during a
specific period: the day on which the consumer, or a person designated by him
third party, has received the first product. For services and digital content that is not supplied on a tangible medium:
The
consumer can enter into a service agreement and an agreement for
supply of digital content that is not on a tangible medium
delivered for at least 14 days without giving reasons
dissolve. The entrepreneur may ask the consumer the reason for this
withdrawal, but does not oblige him to state his reason(s). The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended
cooling-off period for products, services and digital content that are not on a
material carrier has been delivered if information about the right of withdrawal is not provided:
If
the entrepreneur provides the consumer with legally required information about it
does not have the right of withdrawal or the model withdrawal form
provided, the cooling-off period expires twelve months after the end of the period
original, in accordance with the previous paragraphs of this article
established reflection period. If the
entrepreneur provides the information referred to in the previous paragraph to the consumer
has provided within twelve months after the effective date of the
original reflection period, the reflection period expires 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 day
During the cooling-off period, the consumer will handle the product and the product with care
packaging. He will only unpack the product or use it in the
extent necessary to determine the nature, characteristics and operation of the product
to establish. The starting point here is that the consumer has the
may only handle and inspect the product as he would in a store
should be allowed to do. The consumer is alone
liable for any resulting reduction in value of the product
of a way of handling the product that goes beyond what is permitted
in paragraph 1.The consumer is not
liable for depreciation of the product as the entrepreneur
not legally binding on him before or at the time of concluding the agreement
has provided mandatory information about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If
the consumer uses his right of withdrawal, he reports this
within the cooling-off period using the model form
revocation or in another unambiguous manner to the entrepreneur
as soon as possible, but within 14 days from the day following the day referred to in paragraph 1
notification referred to, the consumer returns or hands over the product
he does this to (an authorized representative of) the entrepreneur. This is not necessary if the
entrepreneur has offered to collect the product himself. The consumer
has in any case observed the return period if he has received it
returns the product before the cooling-off period has expired
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 risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
consumer bears the direct costs of returning it
product. If the entrepreneur has not reported that the consumer has this
must bear the costs or if the entrepreneur indicates that he will bear the costs himself
the consumer does not have to bear the costs for return. If
the consumer revokes after first having expressly requested that the
performance of the service or the supply of gas, water or electricity
that are not prepared for sale in a limited volume or
certain quantity starts during the cooling-off period, the consumer is the
entrepreneur owes an amount that is proportional to that part of
the obligation fulfilled by the entrepreneur at the time of
withdrawal, compared to full compliance with the obligation
The consumer does not bear any costs for the performance of services or the
supply of water, gas or electricity, which is not ready for sale
are made in a limited volume or quantity, or to delivery of
district heating, if: the entrepreneur
the consumer the legally required information about it
right of withdrawal, the reimbursement of costs in the event of withdrawal or the
has not provided the model withdrawal form, or;
consumer does not expressly request the start of the execution of the
service or supply of gas, water, electricity or district heating
requested during the reflection period
consumer does not bear any costs for the full or partial costs
delivery of digital content not delivered on a tangible medium,
if: it prior to delivery
has not expressly agreed to the commencement of the
fulfillment of the agreement before the end of the cooling-off period; he has not acknowledged that he loses his right of withdrawal when granting his consent; or the entrepreneur has failed to confirm this statement by the consumer. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
If
the entrepreneur notifies the consumer of withdrawal
electronically possible, he will send it after receiving it
notification without delay and confirmation of receipt
entrepreneur reimburses all payments made by the consumer, including
any delivery costs charged by the entrepreneur
the returned product, immediately but within 14 days following
the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur
offers to collect the product himself, he may wait with the refund
until he has received the product or until the consumer demonstrates this
he has returned the product, whichever is the earlier
falls.The entrepreneur uses for
refund the same payment method that the consumer used,
unless the consumer agrees to another 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 pay the additional costs
no refund for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The
entrepreneur can exclude the following products and services from it
right of withdrawal, but only if the entrepreneur clearly states this
offer, at least in time for the conclusion of the agreement
mention:
Products
or services whose price is subject to fluctuations in the
financial market over which the entrepreneur has no influence and which
may arise within the withdrawal period; Agreements
that are closed during a public auction. Under a public one
auction is defined as a sales method involving products, digital
content and/or services are offered by the entrepreneur to the
consumer who is present in person or is given the opportunity
to be personally present at the auction, led by one
auctioneer, and where the successful bidder is obliged to
to purchase products, digital content and/or services; Service agreements, after full performance of the service, but only if: the performance has started with the express prior consent of the consumer; and the
consumer has stated that he loses his right of withdrawal as soon as
the entrepreneur has fully executed the agreement; Package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements; Service agreements
for the provision of accommodation, as stated in the agreement
a specific date or period of performance is provided and other than
for residential purposes, freight transport, car rental services and catering; Agreements
with regard to leisure activities, if in the agreement a
specific date or period of its implementation is provided; According to
specifications of consumer manufactured products, which are not
are prefabricated and are manufactured on the basis of a
individual choice or decision of the consumer, or which is clearly stated
intended for a specific person; Products that spoil quickly or have a limited shelf life; Sealed
products that are not for reasons of health protection or hygiene
are suitable for return and must be sealed after
delivery is interrupted; Products that are irrevocably mixed with other products after delivery; Alcoholic
drinks the price of which was agreed upon at the conclusion of the contract
agreement, but delivery of which can only take place after 30
days, and the actual value of which depends on fluctuations
of the market over which the entrepreneur has no influence; Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; Newspapers, periodicals or magazines, with the exception of subscriptions thereto; The delivery of digital content other than in a tangible form carrier, but only if: the performance has started with the express prior consent of the consumer; and the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The price
During
the validity period stated in the offer, the prices of the
products and/or services offered will not be increased, except
price changes due to changes in VAT rates.In
Deviating from the previous paragraph, the entrepreneur can produce or provide services
whose prices are subject to financial fluctuations
market and over which the entrepreneur has no influence, with variable prices
to offer. This bondage to fluctuations and the fact that
Any prices stated are target prices and are included in the offer
stated. Price increases within 3
months after the conclusion of the agreement are only permitted
if they are the result of legal regulations or provisions. Price increases
from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and: a. these are the result of legal regulations or provisions; or
b. the consumer has the right 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 12 – Compliance with agreement and additional warranty
The
The entrepreneur guarantees that the products and/or services comply with the requirements
the agreement, the specifications stated in the offer, to the
reasonable requirements of reliability and/or usability and on the date
of the conclusion of the agreement existing legal
provisions and/or government regulations. If agreed, the
entrepreneur also guarantees that the product is suitable for other than
normal use.A by the
entrepreneur, his supplier, manufacturer or importer
additional warranty never limits the legal rights and claims that
the consumer can vis-à-vis the entrepreneur on the basis of the agreement
apply if the entrepreneur has failed to comply
are part of the agreement. Below
additional guarantee means any obligation of the entrepreneur,
its supplier, importer or manufacturer in which it is submitted to the
grants the consumer certain rights or claims that go beyond
which it is legally obliged to do in the event that it has failed to do so
the fulfillment of his part of the agreement.
Article 13 – Delivery and execution
The
entrepreneur will exercise the utmost care
receiving and executing orders from
products and in the assessment of applications for the grant of
services. The place of delivery is the address that the consumer has communicated to the entrepreneur
taking into account what is stated in Article 4 of these general terms and conditions
conditions are stated, the entrepreneur will accept orders with
expeditiously but no later than within 30 days, unless a
different delivery term has been agreed. If the delivery
is delayed, or if an order is not or only
can be partially carried out, the consumer will receive this
within 30 days after placing the order. The
In that case, the consumer has the right to terminate the agreement without costs
to dissolve and the right to possible compensation. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the
entrepreneur until the moment of delivery to the consumer or in advance
designated representative and made known to the entrepreneur,
unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
Termination:
The
consumer can enter into an agreement that has been entered into for an indefinite period
which extends to the regular delivery of products (electricity
including) or services, cancel at any time with
taking into account agreed cancellation rules and a
notice period of no more than one month
consumer can enter into an agreement that has been entered into for a definite period
which extends to the regular delivery of products (electricity
including) or services, at any time by the end of the
cancel for a certain period, taking into account what has been agreed
cancellation rules and a notice period of no more than one month. The consumer can: cancel the agreements referred to in the previous paragraphs: at any time and not be limited to cancellation at a certain time or in a certain period; at least cancel in the same way as they were done by him have been entered into; always cancel with the same notice period as the entrepreneur has agreed for himself. Extension:
A
agreement that has been entered into for a definite period and that extends to:
regular delivery of products (including electricity) or
services, may not be tacitly extended or renewed for any
certain duration. Notwithstanding the
previous paragraph, an agreement that has been entered into for a fixed period may be concluded
which extends to the regular delivery of daily news and weeklies
magazines are tacitly renewed for a certain period of time
maximum three months, if the consumer extends this agreement
can cancel at the end of the extension with a notice period of
maximum one month. An agreement
which has been entered into for a specific period and which extends to the settlement
delivery of products or services is only permitted tacitly
can be extended indefinitely if the consumer is allowed to do so at any time
cancel with a notice period of no more than one month. Period of notice
is a maximum of three months if the agreement extends to
regularly, but less than once a month, delivering daily, news
and weeklies and magazines.A
agreement with a limited duration until it is arranged for introductory purposes
delivering daily, news and weekly newspapers and magazines (trial or
introductory subscription) is not tacitly continued and ends
automatically after the trial or introductory period. Duration:
If
an agreement has a duration of more than one year, the consumer may
after one year, the agreement will be terminated at any time with a notice period of ten
cancellation within one month, unless reasonableness and fairness prevail
oppose cancellation before the end of the agreed duration.
Article 15 – Payment
For
unless otherwise provided in the agreement or supplementary information
conditions, the amounts owed by the consumer must be paid
are paid within 14 days after the start of the cooling-off period, or
in the absence of a reflection period, within 14 days after conclusion
of the agreement. In the event of an agreement to grant
a service, this period starts on the day after the consumer receives the
has received confirmation of the agreement
the sale of products to consumers is allowed in general
conditions will never be obliged to pay in advance more than
50%. When advance payment has been stipulated, the consumer cannot do anything
assert rights regarding the execution of the relevant
order or service(s), before the stipulated advance payment has been made
has taken place. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur. If
the consumer does not fulfill his payment obligation(s) on time
this, after the entrepreneur has informed him of the late payment and
the entrepreneur has granted the consumer a period of 14 days
to still meet its payment obligations after the delay
of payment within this 14-day period, on the amount still owed
amount, the statutory interest is due and the entrepreneur is entitled
to charge the extrajudicial collection costs incurred by him
to take. These collection costs amount to a maximum of 15% on outstanding amounts
amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on it
the next €5,000 with a minimum of €40. The entrepreneur can
benefit to the consumer deviate from the stated amounts and percentages.
Article 16 – Complaints procedure
The
entrepreneur has a sufficiently disclosed
complaints procedure and handles the complaint in accordance with this
complaints procedure.Complaints about the
execution of the agreement must be completed within a reasonable period of time
consumer has discovered the defects, completely and clearly
described are submitted to the entrepreneur
Complaints submitted to the entrepreneur will be processed within a period of 14
days counted from the date of receipt. As a complaint
requires a foreseeably longer processing time
entrepreneur responded within 14 days with a message from
receipt and an indication when the consumer receives a more detailed request
can expect an answer.The consumer
The entrepreneur must in any case allow at least 4 weeks to resolve the complaint
to be resolved by mutual agreement. After this period a dispute arises
that is subject to dispute resolution.
Article 17 – Disputes
On
agreements between the entrepreneur and the consumer to which these
general terms and conditions are governed exclusively by Dutch law
applicable.
Article 18 – Additional or deviating provisions
Additional
or provisions deviating from these general terms and conditions are not permitted
are to the detriment of the consumer and must be in writing
recorded or in such a way that it can be recorded by the consumer on a
can be stored in an accessible manner in a sustainable manner
data carrier.