Termes et conditions de zwartzaadolie.nl

Télécharger les termes et conditions générales

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 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, termination, 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:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally 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 withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when he wishes to exercise his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for selling products and/or services remotely, whereby up to and including the conclusion of the contract only one or more techniques for remote communication are used;
Technique for remote communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same room;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Zwartzaadolie.nl
Asterstraat 38
4904DH Oosterhout

Phone number: 0687501256
Email address: info(AT)zwartzaadolie.nl
Chamber of Commerce number: 67783589
VAT identification number: NL857172402B01

Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, deviating from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically consulted and that they will be sent free of charge electronically or otherwise to the consumer upon request.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly and the consumer may, in case of conflicting general terms and conditions, always invoke the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions will remain in force for the rest and the relevant provision will be replaced immediately in mutual consultation by a provision that approximates the intent of the original as much as possible.
Situations not regulated in these general terms and conditions shall be assessed ‘according to the spirit’ of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our conditions shall be interpreted ‘according to the spirit’ of these general terms and conditions.

Article 4 - The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly correspond to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are connected to acceptance of the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are necessary for this;
whether the right of withdrawal applies or not;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the distance communication technique are charged on a different basis than the regular basic rate for the used communication medium;
whether the agreement will be archived after conclusion, and if so where it can be consulted by the consumer;
the manner in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
any other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted himself and how the consumer can consult these codes electronically; and
the minimum duration of the distance agreement in case of a duration transaction.

Article 5 - The agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will 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, the entrepreneur will take appropriate security measures.
The entrepreneur may — within legal frameworks — inquire whether the consumer can meet his payment obligations, as well as all facts and factors important for responsibly entering into the distance contract. If the entrepreneur has good grounds on the basis of this inquiry to not enter into the agreement, he is entitled to refuse a purchase or application with reasons or to attach special conditions to the execution.
With the product or service, the entrepreneur will send 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:

the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data 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.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

For delivery of products:
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product.
During the reflection period, the consumer will handle the product and 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 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.
If the consumer wishes to use his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. Notification must be made by means of the model form or by another communication method such as email. After the consumer has made known that he wishes to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of dispatch.
If the consumer has not notified within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

For delivery of services:
When delivering services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of the conclusion of the agreement.
To use his right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal
The consumer bears the direct costs of returning the product.
If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having been received by the online retailer or conclusive proof of complete return having been provided. Refund will be made by the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

made by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can quickly spoil or age;
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has begun with the explicit consent of the consumer before the reflection period has expired;
concerning betting and lotteries.

Article 9 - The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can change the price of an individual product or service if the price change is the result of changes in market prices, changes in exchange rates, or changes in government regulations, including taxes and levies. In that case, the adjusted price will apply.
Prices stated in the offer are in euros and including VAT.
Prices may include shipping costs; if not, they will be separately stated.
If a product or service is delivered in installments, the entrepreneur can charge the consumer for each delivered part separately.
The consumer must pay the agreed price and any costs associated with the agreement.

Article 10 - Compliance with the agreement
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations that apply at the time of conclusion of the agreement.
If agreed, the entrepreneur ensures that the product or service meets the requirements that the consumer has communicated to the entrepreneur before the conclusion of the agreement.
The consumer is aware that the results of the use of the products and/or services depend on various factors, including the consumer’s health and application of the product or service. The entrepreneur cannot guarantee a particular result.
If the entrepreneur delivers a product that is defective or does not meet the agreement, the consumer is entitled to repair, replacement, or refund, depending on the circumstances.
If the consumer receives a defective product or service, the entrepreneur will strive to resolve the issue as soon as possible.

Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees 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 can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must take place in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are treated contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is deemed to be the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will 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 free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and to the entrepreneur made known representative, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension
Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with limited duration for the regular delivery of 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 terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer must first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions
Additional provisions or provisions deviating 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 stored by the consumer in an accessible manner on a durable data carrier.