Terms and Conditions
Terms and Conditions
ARTICLE 1 - Definitions
ARTICLE 2 - Identity of the entrepreneur
ARTICLE 3 - Applicability
ARTICLE 4 - The offer
ARTICLE 5 - The contract
ARTICLE 6 - Right of withdrawal
ARTICLE 7 - Costs in case of revocation
ARTICLE 8 - Exclusion of right of withdrawal
ARTICLE 9 - The price
ARTICLE 10 - Conformity and Guarantee
ARTICLE 11 - Delivery and execution
ARTICLE 12 - Duration transactions duration, termination and renewal
ARTICLE 13 - Payment
ARTICLE 14 - Complaints procedure
ARTICLE 15 - Disputes
ARTICLE 16 - Branch guarantee
ARTICLE 17 - Additional or different provisions
ARTICLE 18 - Modification of the general terms and conditions of the Webshop Keurmerk foundation
ARTICLE 1 - DEFINITIONS
In these conditions:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Transaction duration: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Stichting Webshop Keurmerk and offers products and / or services to consumers at a distance;
Distance contract: an agreement in the context of a
by the entrepreneur organized system for distance selling of products and / or services, up to and including the conclusion of the agreement only use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Entrepreneur name: H & V Security, trade name; Alarm systemexpert.nl
4206 CK Gorinchem
Tel: +31 (0) 85-016 03 16
Monday to Friday from 9:00 to 17:00
E-mail address: [email protected]
Chamber of Commerce number: 69433550
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is realized between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation 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 consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is applicable to him. most favorable.
ARTICLE 4 - THE OFFER
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the contract will be concluded and which actions
- are necessary for this;
- whether or not to apply the right of withdrawal;
- 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 level of the tariff for distance communication if the costs of the
use of the technique for distance communication are calculated on a
other basis than the regular basic rate for the communication tool used;
- whether the agreement will be filed after the conclusion, and if so on which one
- it can be consulted for the consumer;
- the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of an extended transaction.
ARTICLE 5 - THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5. With the product or service the entrepreneur will send 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:
a. the visiting address of the business location of the trader where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is 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.
When delivering services:
3. When providing services, the consumer has the option to terminate the contract without giving any reason for at least fourteen days, starting on the day of entering into the agreement.
4. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest with the delivery.
ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL
1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
2. 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
1. The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for in paragraph 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 for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. which have been established by the entrepreneur in accordance with specifications of the
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c. regarding betting and lotteries.
ARTICLE 9 - THE PRICE
1. During the period mentioned 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.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. The entrepreneur warrants 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 rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee 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 contract.
ARTICLE 11 - DELIVERY AND EXECUTION
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
6. 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 the entrepreneur announced representative, unless expressly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS DURATION, TERMINATION AND RENEWAL
1. The consumer can terminate an agreement that has been concluded 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 cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period. up to one month.
3. The consumer may conclude the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or in a given period;
- cancel at least in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
4. A contract that has been entered into for a definite period and that extends to the regular
delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
5. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension. agreement by the end of the extension can terminate with a notice period of no more than one month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. Agreements with limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) are not tacitly continued and end automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.
ARTICLE 13 - PAYMENT
1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period as referred to in article 6 paragraph 1. In the event of an agreement to provide a service, this period after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
ARTICLE 14 - COMPLAINTS
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form from the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent to both the relevant entrepreneur and the Stichting Webshop Keurmerk.
5. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
ARTICLE 15 - DISPUTES
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur may, with due observance of the following provisions,
both submitted by the consumer and the entrepreneur to the Geschillencommissie Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to make a written statement within five weeks after a request made by the entrepreneur in writing, whether he wishes to do so or whether the dispute is to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee will make a decision under the conditions as laid down in the Disputes Committee regulations. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will discontinue the proceedings if the Entrepreneur is granted a moratorium, has been declared bankrupt or has effectively terminated his business activities, before a dispute has been dealt with by the Committee at the hearing and a final statement has been made.
8. If, in addition to the Geschillencommissie Webshop, another disputed Disputes Committee affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is authorized, the Disputes Committee Webshop for disputes concerning mainly the method of sale or service provision exclusion. For all other disputes the other recognized disputes committee affiliated with SGC or Kifid.
ARTICLE 16 - BRANCH GUARANTEE
1. The Stichting Webshop Keurmerk guarantees the fulfillment of the binding recommendations of the Geschillencommissie Webshop by its members, unless the member decides to submit the binding opinion within two months after sending it to the court for review. This guarantee revives if the binding advice has been maintained after review by the court and the judgment that shows this has become final. Up to an amount of € 10,000 per binding advice, this amount is paid to the consumer by the Stichting Webshop Keurmerk. For amounts greater than € 10,000, - per binding advice, € 10,000 will be paid out. For the multiple, the Stichting Webshop Keurmerk has a best effort obligation to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer makes a written appeal to the Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to the Stichting Webshop Keurmerk. If the claim on the entrepreneur amounts to more than € 10,000, the consumer is offered to transfer his claim in so far as it exceeds the amount of € 10.000, - to the Stichting Webshop Keurmerk, after which this organization will pay the costs in its own name and costs. payment of this in court will demand payment to the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or deviating from these 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 medium.
ARTICLE 18 - MODIFICATION OF THE TERMS AND CONDITIONS WEBSHOP KEURMERK
1. The Stichting Webshop Keurmerk will not change these general conditions than in consultation with the Consumers' Association.
2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favorable provision for the consumer will prevail.