Conditions

Terms and Conditions

Contents:

Article 1 .. Definitions
Article 2 .. Identity of the operator
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 .. Compliance and warranty
Article 11 .. Delivery and implementation
Article 12 .. extended duration transactions: duration, termination and renewal
Article 13 .. Payment
Article 14 .. Complaints
Article 15 .. Disputes
Article 16 .. Additional or different terms

Article 1 .. Definitions

In these conditions, the following definitions apply:

Grace period : The period during which the consumer can exercise his right of withdrawal;
Consumer : the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
Day : calendar day;
Transaction Duration : a distance contract with respect to a series of products and / or services, which the delivery and / or purchase is spread in time;
Durable medium : any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the ability for consumers to see within the waiting period of the contract;
Entrepreneur : the natural or legal products and / or remote services to consumers;
Distance contract : an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement 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 area.

Article 2 .. Identity of the entrepreneur

Name Entrepreneur: Off Side Wear

Establishment and visiting address:
Archimedesweg 8
6662 PS Elst

Phone: +31 (0) 481 353 980

Accessibility:
Monday from 13:00 to 17:00
Tuesday / Friday from 9:00 am to 17:00 pm
Saturday from 10:00 am to 16:30 pm

Email: info@offsidewear.com

Chamber of Commerce number: 70023557
VAT identification number: NL164707104B03

Bank Account:
Rabobank
NL04RABO0324081251

Article 3 .. Applicability

These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
Before the agreement is concluded, the text of these general conditions made available to consumers. If this is not reasonably possible, before the contract is concluded, indicated that the terms appearing in the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer.
If the contract is concluded electronically distance, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
In the event that in addition to these general conditions also specific product or service conditions are applicable, the second and third paragraph, mutatis mutandis, and the consumer can not, in the event of conflicting terms always rely on the applicable assay that is most beneficial to him is.

Article 4 .. The offer

If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the 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 are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
Each offer contains such information that is clear to the consumer what rights and obligations are involved in 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;
whether to apply 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 cost 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;
how the consumer before the conclusion of the contract, to check information provided by him under the contract and repair if necessary;
any other languages, including Dutch, the contract may be entered;
The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
The minimum duration of the distance contract in the event of an extended transaction.

Article 5 .. The contract

The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, the trader 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.
If the agreement is created electronically, the trader 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 trader will take appropriate safety precautions.
The entrepreneur can .. within the law .. to inform the consumer’s ability to meet its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
The entrepreneur will the consumer to the product or service 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 medium, send:

a. the address of the establishment of the business where consumers can lodge complaints;
b. the conditions and how the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and after sales service;
d. The information contained in these conditions in Article 4 paragraph 3, unless the operator this information already provided to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or for an indefinite period of time.

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

Article 6 .. Right of withdrawal
Upon delivery of products:

When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the date of receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
During this period the consumer will treat the product and packaging. He will be the product only to unpack or use the product to the extent necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will the product with all accessories and .. if reasonably possible .. in its original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.

When providing services:

When providing services the consumer has the option to terminate the agreement without giving reasons, during at least fourteen days, starting on the day of entering into the agreement.
To use his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.

Article 7 .. Costs in case of withdrawal

If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.

Article 8 .. Exclusion of right of withdrawal

The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
Exclusion of the right of withdrawal is only possible for products:

a which are established by the entrepreneur to the consumer’s specifications.;
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. that spoil or become obsolete;
e. whose price depends on fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. Audio and video recordings and computer software that the consumer has broken the seal.

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

a. on accommodation, transport, carry catering or leisure on a certain date or during a given period;
b. which supply with the express consent of the consumer before the period has expired;
c. betting and lotteries.

Article 9 .. The price

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

a. they are the result of legislation or regulations; or
b. the consumer is authorized to terminate the agreement with effect from the date the increase takes effect.

The prices include VAT mentioned in the supply of products or services.

Article 10 .. Compliance and Warranty

The company guarantees that the products and / or services meet the contract specifications stated in the offer, 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 ensure that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the contract against the trader may assert.

Article 11 .. Delivery and execution

The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer makes known to the company.
Subject to what is stated in Article 4 of these terms and conditions, the company will implement 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 receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to compensation.
In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after repudiation.
If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. Later than the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipment are borne by the entrepreneur.
The risk of damage and / or loss of products rests with the employer until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise agreed.

Article 12 .. Extended duration transactions: duration, termination and prolongation
Termination

The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of more than one month.
Consumers can the agreements mentioned in the preceding paragraphs:
withdraw and not be limited to termination at a certain time or a certain period;
at least terminate in the same manner as they are entered by it;
Cancel at the same notice as the company has negotiated for itself.

extension

A contract is entered into for a certain period of time, and which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain duration.
Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of one month.
A contract for a temporary period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer at all may cancel at any time with a notice period of up to one month and a notice of up three months if the contract extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
An agreement with a limited duration of the regular delivery of newspapers, weeklies and magazines (trial or introductory subscription) is not continued implicitly and automatically ends at the end of the trial or introductory.

Expensive

If a contract has a duration of more than one year, the consumer contract after one year may at any time with a notice of up to recite a month, unless the reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 .. Payment

Unless otherwise agreed, the amounts owed by the consumer 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 provide a service, this period begins after the consumer has received the confirmation of the agreement.
In general terms the sale of products to consumers never a prepayment 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.
The consumer is obliged to report immediately to the trader inaccuracies in the payment details.
In case of default by the consumer, the entrepreneur subject to statutory limitations, the right to charge the reasonable costs to the consumer.

Article 14 .. Complaints

The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be made fully and clearly described within a reasonable time to the entrepreneur, after the consumer has found the defects.
When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.

Article 15 .. Disputes

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

Article 16 .. Additional or different terms
different terms Additional or of these terms should not disadvantage the consumer and should 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.

 

 

Viewed