NL
Algemene Voorwaarden
Inhoudsopgave:
Artikel 1 – Definities
Artikel 2 – Identiteit van de ondernemer
Artikel 3 – Toepasselijkheid
Artikel 4 – Het aanbod
Artikel 5 – De overeenkomst
Artikel 6 – Herroepingsrecht
Artikel 7 – Verplichtingen van de consument tijdens
de bedenktijd
Artikel 8 – Uitoefening van het herroepingsrecht
door de consument en kosten daarvan
Artikel 9 – Verplichtingen van de ondernemer bij
herroeping
Artikel 10 – Uitsluiting
herroepingsrecht
Artikel 11 – De prijs
Artikel 12 – Nakoming
en extra garantie
Artikel 13 – Levering
en uitvoering
Artikel 14 –
Duurtransacties: duur, opzegging en verlenging
Artikel 15 – Betaling
Artikel 16 –
Klachtenregeling
Artikel 17 –
Geschillen
Artikel 18 –
Aanvullende of afwijkende bepalingen
Artikel 1 – Definities
In
deze voorwaarden wordt verstaan onder:
Artikel 2 – Identiteit van de
ondernemer
Koi5er
Kapelaan van
Schaikstraat 21
7591 RD DENEKAMP
Telefoonnummer: 0613110251
E-mailadres: info at
koi5er.nl
KvK-nummer: 06089677
Btw-identificatienummer:
NL8131.88.519.B01
Indien de activiteit
van de ondernemer is onderworpen aan een relevant vergunningstelsel: de
gegevens over de
toezichthoudende autoriteit.
Indien de ondernemer
een gereglementeerd beroep uitoefent:
Artikel 3 –
Toepasselijkheid
Artikel 4 – Het aanbod
Artikel 5 –
De overeenkomst
Artikel 6 – Herroepingsrecht
Bij producten of levend goed:
Bij diensten en digitale inhoud die niet op een materiële
drager is geleverd:
Verlengde bedenktijd voor producten, diensten en digitale
inhoud die niet op een materiële drager is geleverd bij niet informeren over
herroepingsrecht:
Artikel 7 – Verplichtingen van de consument tijdens
de bedenktijd
Artikel 8 – Uitoefening van het
herroepingsrecht door de consument en kosten daarvan
Artikel 9 –
Verplichtingen van de ondernemer bij herroeping
Artikel 10 – Uitsluiting herroepingsrecht
De ondernemer kan de navolgende
producten en diensten uitsluiten van het herroepingsrecht, maar alleen als de
ondernemer dit duidelijk bij het aanbod, althans tijdig voor het sluiten van de
overeenkomst, heeft vermeld:
Artikel 11 – De prijs
a.
deze het gevolg zijn van wettelijke regelingen of bepalingen; of
b.
de consument de bevoegdheid heeft de overeenkomst op te zeggen met ingang van
de dag waarop de prijsverhoging ingaat.
Artikel 12 – Nakoming overeenkomst en extra garantie
Artikel 13 – Levering en uitvoering
Artikel 14 – Duurtransacties: duur, opzegging en
verlenging
Opzegging:
Verlenging:
Duur:
Artikel 15 – Betaling
Artikel 16 – Klachtenregeling
Artikel 17 – Geschillen
Artikel 18 – Aanvullende of afwijkende
bepalingen
Aanvullende dan wel van deze algemene
voorwaarden afwijkende bepalingen mogen niet ten nadele van de consument zijn
en dienen schriftelijk te worden vastgelegd dan wel op zodanige wijze dat deze
door de consument op een toegankelijke manier kunnen worden opgeslagen op een
duurzame gegevensdrager.
Bijlage I: Modelformulier voor
herroeping
Modelformulier voor herroeping
(dit formulier alleen invullen en terugzenden wanneer u de overeenkomst
wilt herroepen)
[ geografisch adres ondernemer]
[ faxnummer ondernemer, indien
beschikbaar]
[ e-mailadres of elektronisch adres
van ondernemer]
de
verkoop van de volgende producten: [aanduiding product]*
de
levering van de volgende digitale inhoud: [aanduiding digitale inhoud]*
de
verrichting van de volgende dienst: [aanduiding dienst]*,
herroept/herroepen*
*
Doorhalen wat niet van toepassing is of invullen wat van toepassing is.
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 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur at revocation
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different terms
Article 1 – Definitions
In these conditions are understood by:
Additional agreement:
an agreement under which the consumer products, digital content and / or services
acquires in connection with a distance contract and these matters, digital content and / or services are provided by the entrepreneur or by a third party
party on the basis of an agreement between that third party and the entrepreneur;
Time for reflection: the term within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes that related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data contained in are produced and supplied digitally;
Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period of time; Durable data carrier:
any tool – including e-mail – that the consumer or entrepreneur
allows to store information that is addressed to him personally on
a way that is future consultation or use over a period of time
tailored to the purpose for which the information is intended, and which is unaltered
allows reproduction of the stored information;
Right of withdrawal: the possibility of
the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal entity that provides products, (access to) digital content and / or services offers distance to consumers; Agreement on
distance: an agreement concluded between the entrepreneur and the consumer in the as part of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for
remote communication; Model form for
withdrawal:the European model form included in Annex I of these conditions revocation. Annex I need not be made available if the consumer has no right of withdrawal with regard to his order; Technique for remote communication: means that can be used to close a agreement, without the consumer and entrepreneur simultaneously in the same space must have come together.
Article 2 – Identity of the entrepreneur
Koi5er
Kapelaan van Schaikstraat 21
7591 RD DENEKAMP
Telephone number: 0613110251
Email address: info@koi5er.nl
Chamber of Commerce number: 06089677
VAT identification number: NL8131.88.519.B01
If the activity of the entrepreneur is subject to a relevant licensing system: the data on the supervisory authority.
If the entrepreneur a regulated profession: The professional association or organization to which he is affiliated;
The professional title, the place in the EU or the European Economic Area where it is awarded; a reference to the professional rules applicable in the Netherlands and directions where and how these professional rules are accessible.
Article 3 -Applicability
These general conditions are from apply to every offer of the entrepreneur and to every createddistance contract between entrepreneur and consumer.Before the distance contract is closed, the text of these terms and conditions to the consumer made available. If this is not reasonably possible, the entrepreneur before the distance contract is concluded, indicate on which the general terms and conditions can be viewed by the entrepreneur and that they areconsumer request will be sent free of charge as soon as possible. If the distance contract is closed electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and condition be made available to the consumer electronically in such a way that it can be easily obtained by the consumer stored on a durable medium. If not reasonabl is possible before the distance contract is concluded indicate where the general terms and conditions can be obtained electronically noted and that at the request of the consumer electronically or will otherwise be sent free of charge. Just in case next to this general terms and conditions also specific product or service conditions of the second and third paragraphs shall apply mutatis mutandis and the consumer can always appeal in case of conflicting conditions to the applicable provision that is most favorable to him.
Article 4 – The offer
If an offer is limited has a period of validity or is subject to conditions, this is explicitly stated in the offer stated. The offer contains a description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses image are they a true representation of the products, services offered and / or digital content. Apparent mistakes or obvious errors in the offer does not bind the entrepreneur. Each offer contains such information that is clear to the consumer what rights and obligations are involved associated with the acceptance of the offer.
Article 5 -The agreement
The deal comes under subject to the provisions of paragraph 4, concluded at the time of acceptanceby the consumer of the offer and meeting the corresponding requirements requirements.
If the consumer passes the offer has accepted electronically, the entrepreneur confirms without delay electronic receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer terminate the agreement.
If the agreement is electronic is established, the entrepreneur will find appropriate technical and organizational measures to secure the electronic transfer of data and ensure
he for a safe web environment. If the consumer can pay electronically,the entrepreneur will observe appropriate safety measures. The entrepreneur can enter legal frameworks – inform whether consumers are onpayment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. In the event that the entrepreneur has good grounds for the agreement on the basis of this investigation not to enter into, he is entitled to an order or request with motivation refuse or attach special conditions to the implementation. The entrepreneur will at the latest upon delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that it is provided by the accessible way can be stored on a durable data carrier, send along: the visiting address of the the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner on which the consumer can exercise the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal; the information on guarantees and existing service after purchase; the price including all taxes on the product, service or digital content; as far as apply the costs of delivery; and the method of payment, delivery or execution of the distance contract; the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite; if the consumer has a right of withdrawal, the model withdrawal form. In case of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
With products or living goods: The consumer can make an appointment concerning the purchase of a product during a reflection period of Dissolve for a minimum of 14 days without giving reasons. The entrepreneur is allowed Ask the consumer about the reason for the withdrawal, but do not state it undertake his reasons.
There is a purchase period This case not before: before and after the purchase of animals when the goods are ready Transport whether the products have been collected and / or delivered. The reflection period referred to in paragraph 1 is the day after the consumer or a predetermined by the consumer Third parties other than the carrier have received the product or: than the consumer in the same Order several ordered products: the day of the consumer or one the third party mentioned by him has received the last product. The entrepreneur is possible, provided he clearly informs the consumer before ordering informed about an order of multiple products with one different delivery times. as delivery of a product consists of several programs or components: the day on which the consumer, or a third party named by him, the last shipment or the last part has received; for contracts for the regular delivery of Products for a specific period: the day on which the consumer or A third named by him received the first product. For services and digital content that are not essential Carrier is supplied: The consumer can do one thing Service contract and a contract for the supply of digital content has not been delivered on a material carrier for at least 14 days Solve the reason. The entrepreneur can ask the consumer about this Reason for withdrawal, but does not oblige him to give his reasons. The reflection period referred to in paragraph 3 is the day after the agreement is concluded.
Extensive reflection period for products, services and digital Content that is not provided on a tangible medium if not requested Right of withdrawal: As the entrepreneur the consumer the legally required information about this Right of withdrawal or has not made the model withdrawal form available, The cooling-off period ends twelve months after the end of the original. Reflection time determined according to the previous paragraphs of this article. As The entrepreneur provides the consumer with the information referred to in the previous paragraph was issued within twelve months of the effective date of the original Reflection period, the reflection period expires 14 days after the day on which the consumer Receive information.
Article 7 – Obligations of the consumer during the reflection period
During the reflection period the consumers handle the product and packaging with care. He will only unpack or use the product to the extent necessary to ensure the nature, the determine the characteristics and operation of the product. The premise hereby is that the consumer may only handle and inspect the product as he should in a shop. The consumer is only liable for depreciation of the product that is the result of a way of handling with the product that goes further than allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur does not buy it for or with it the conclusion of the contract all legally required information about it right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
As the consumer makes use of his right of withdrawal, he reports this within the reflection period by means of the model withdrawal form or other unambiguous way to the entrepreneur. So as soon as possible, but within 14 days from the day following the paragraph 1 referred to, the consumer returns or hands over the product to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product yourself. The the consumer has in any case observed the return period if he did returns the product before the cooling-off period has expired. Except the products mentioned in Article 6.2. The consumer returns the productwith all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and provided by the entrepreneur clear instructions. It risk and the burden of proof for the correct and timely exercise of it right of withdrawal lies with the consumer. The the consumer bears the direct costs of the return at all times of the product. Even if the entrepreneur has not reported that the consumer must bear costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
In the event that the consumer revokes after first expressly requesting that the provision of the service or supply of gas, water or electricity which not made ready for sale in a limited volume or certain quantity starts during the reflection period, the consumer is the entrepreneur amount due that is proportionate to that portion of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the commitment. The consumer does not bear any costs for the performance of services or the delivery of water, gas or electricity, which are not made ready for sale in one limited volume or quantity, or to supply district heating,
if: the entrepreneur the consumer the legally required information about the right of withdrawal, the cost reimbursement for withdrawal or the model withdrawal form does not has provided, or; The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if: he has not expressly consented to commence prior to delivery of the fulfillment of the agreement before the end of the reflection period; he has not acknowledged to lose his right of withdrawal when granting his permission; or the entrepreneur has failed to confirm this statement from the consumer. As the consumer exercises his right of withdrawal, all additional agreements are not dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
As the entrepreneur reports the withdrawal by the consumer electronically manner, he will immediately send an acknowledgment of receipt.
The entrepreneur reimburses all payments from the consumer, including any delivery costs by the entrepreneur charged for the returned product, without delay but within 14 days following the day on which the consumer withdraws from him reports. Unless the entrepreneur offers to collect the product himself, he may wait for a refund until he has received the product or until the consumer demonstrates that he has returned the product, depending on which time falls earlier.
The entrepreneur uses for refund the same payment method that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery is require the entrepreneur does not refund the additional costs for the more expensive method Pay.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can do the following exclude products and services from the right of withdrawal, but only if the entrepreneur this clearly with the offer, at least in time for the conclusion of the agreement, stated:
Products or services of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period; Agreements that have been concluded during a public auction. A public auction means a sales method whereby products, digital content and / or services are provided by the entrepreneur offered to the consumer who is personally present or the opportunity will be personally present at the auction, led by a auctioneer, and where the successful bidder is obliged to buy the products, purchase digital content and / or services; Service contracts, after full execution of the service, but only if:
the: implementation has begun with the express prior consent of the consumer; and
the: consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement; Service contracts for provision of accommodation, as provided in the agreement date or period of execution is foreseen and other than for residential purposes, freight, car rental and catering services;
Agreements related toleisure activities, if a specific date or period of implementation thereof is provided; According to specifications of the consumer-made products, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, whether they are clearly intended for a specific person;
Products that spoil quickly or one have a limited shelf life; Sealed products for reasons of health protection or hygiene are not suitable to become returned and of which the seal was broken after delivery;
Products delivered by them after delivery nature are irrevocably mixed with other products;
Alcoholic drinks of which the price was agreed upon conclusion of the agreement, but of which the delivery can only take place after 30 days, and the actual value of which depends on market fluctuations over which the entrepreneur has no influence
has; Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; Newspapers, magazines or magazines, with the exception of subscriptions to this;
The delivery of digital content differently then on a material carrier, but only if: the implementation has begun with the express prior consent of the consumer; and the consumer has declared that he loses his right of withdrawal.
Article 11 – The price
During the stated in the offer period of validity will be the prices of the products and / or services offered not increased, subject to price changes due to changes in VAT rates.
Contrary to the previous paragraph, it is possible the entrepreneur products or services whose prices are tied to fluctuations on the financial market and on which the entrepreneur has no influence with variable pricing. This bondage to fluctuations and the fact that any prices quoted are target prices will be reflected in the offer listed.
Price increases within 3 months afterthe conclusion of the agreement is only permitted if it are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement is only permitted if the entrepreneur has negotiated this and:
a.
these are the result of statutory regulations or provisions; or
b.
the consumer has the authority to terminate the agreement with effect from
the day on which the price increase takes effect.
The in the offer of products or services mentioned prices include VAT.
Article 12 – Fulfillment of the agreement and additional guarantee
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of soundness and / or usability and on the date of the creation existing legal provisions of the agreement and / or government regulations. If agreed, the entrepreneur is also there in that the product is suitable for other than normal use.
Extra provided by the entrepreneur, his supplier, manufacturer or importer warranty never limits the legal rights and claims of the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
Below extra guarantee is understood every obligation of the entrepreneur, his supplier, importer or producer in which it determined for the consumer grants rights or claims that go beyond what is legally is required if he has failed to perform his part of the agreement.
Article 13 – Delivery and implementation
The entrepreneur will be the greatest exercise possible care when receiving and with the execution of orders for products and when assessing applications to provide services.
It is the place of delivery address that the consumer has made known to the entrepreneur. With due observance of what this is stated in article 4 of these general terms and conditions, the entrepreneur accepted orders expeditiously but at the latest within
Perform 30 days, unless a different delivery term has been agreed. If delivery is delayed, or if an order is not the consumer can only be partially executed no later than 30 days after he has placed the order. In that case, the consumer has the right to cancel the contract at no cost dissolve and entitled to any compensation. After dissolution in accordance with the previous paragraph the entrepreneur will immediately pay the amount that the consumer has paid refund. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced to the entrepreneur representative, unless expressly agreed otherwise.
Article 15 – Payment
Unless otherwise specified in the contract or additional terms, must be provided by the consumer amounts due must be paid within 14 days of the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to grant of a service, this period commences on the day after the consumer has received the has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to advance payment of more than 50%. When prepayment is stipulated, you can the consumer does not assert any rights regarding the implementation of the relevant order or service (s), before the stipulated advance payment occurred. The consumer has a duty to inaccuracies in payment details provided or stated to the entrepreneur to report. If the consumer does not arrive on time his payment obligation (s) complies, it is, after he is paid by the entrepreneur has been pointed out to late payment and the entrepreneur the consumer a term of Has given 14 days to meet its payment obligations, after the lack of payment within this 14-day period, about it still amount owed the statutory interest and is the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him to bring. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can benefit the consumers deviate from the stated amounts and percentages.
Article 16 – Complaints procedure
The entrepreneur has one complaints procedure that has been made sufficiently known and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be completed within a reasonable time after the consumer has discovered the defects, must be fully and clearly described at the entrepreneur.
Submitted to the entrepreneur complaints will be counted within a period of 14 days from the date ofreception answered. As a complaint a foreseeable longer processing time
questions, will be answered by the entrepreneur within the period of 14 days a message of receipt and an indication when the consumer has one more can expect a detailed answer.
The consumer must in any case give the entrepreneur 4 weeks to complete the to resolve the complaint by mutual agreement. A dispute arises after this period that is subject to the dispute settlement.
Article 17 – Disputes
On agreements between the entrepreneur and the consumer to which these general terms and conditions apply,
Dutch law is exclusively applicable.
Annex I: Model form for revocation
Model withdrawal form
(Only complete and return this form when you complete the agreement want to revoke)
On: [name of entrepreneur]
[geographic address of the entrepreneur]
[entrepreneur’s fax number, ifavailable]
[email address or electronic address from entrepreneur]
I / We * hereby inform that I / we * our agreement concerning
the sale of the following products:
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 * [order date with services or receipt with products]
[Name
consumer (s)]
[Address consumer (s)]
[Signature consumer (s)] (only if this form is submitted on paper)
Strike out what does not apply or fill in what applies.