Terms and conditions
ARTICLE 1 - Definitions 1
ARTICLE 2 - Identity of the entrepreneur 2
ARTICLE 3 - Applicability 2
ARTICLE 4 - The offer 3
ARTICLE 5 - The agreement 4
ARTICLE 6 - Right of withdrawal 4
ARTICLE 7 - Costs in case of withdrawal 5
ARTICLE 8 - Exclusion of the right of withdrawal 5
ARTICLE 9 - The price 5
ARTICLE 10 - Conformity and Warranty 6
ARTICLE 11 - Delivery and performance 6
ARTICLE 12 - Duration transactions 7
ARTICLE 13 - Payment 7
ARTICLE 14 - Complaints procedure 7
ARTICLE 15 - Disputes 8
ARTICLE 1 - Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
Entrepreneur: the legal person who offers products and/or services to consumers from a distance;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive 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 entrepreneur having come together in the same room at the same time;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
Day: calendar day;
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
ARTICLE 2 - Identity of the entrepreneur
Company name: Made by Sweden| madebysweden.com
Email address: firstname.lastname@example.org
Telephone number: +31(0)84-866 8450
Chamber of Commerce number: 832.78.133
VAT identification number: NL862807748B01
IBAN nr: NL89ABNA0629887276
BIC nr: ABNANL2A
Payment Provider Mollie
IBAN nr: NL70DEUT026526231
BIC nr: DEUTNL2A
Automobielbedrijf S. van der Veen | Erkend reparateur Volvo Cars
Albert Einsteinstraat 9
7442 DK Nijverdal
ARTICLE 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and 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, will be indicated that the General Terms and Conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer at his request as soon as possible.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, will be indicated where the general terms and conditions can be inspected electronically and that they will be sent at the consumer's request electronically or otherwise free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs of shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
ARTICLE 4 - The offer
1. If an offer has a limited duration or is made 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 enable a proper assessment of the offer by the consumer. If the entrepreneur makes use of 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.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the way in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement;
- the period for accepting the offer, or the period for honoring the price;
- the height of the tariff for distance communication if the costs of the use of the technique for distance communication are calculated on a basis other than the basic tariff;
- if the agreement is archived after its conclusion, in what way it can be consulted by the consumer;
- the manner in which the consumer before the conclusion of the agreement by him not wanted can get informed, as well as the manner in which he can rectify these before the agreement is concluded;
- the possible languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the event of an agreement
for continuous or periodic delivery of products or services.
ARTICLE 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby established.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures in this regard.
4. The entrepreneur can inform himself - within legal frameworks - 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 agreement at distance. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application motivated or to attach special conditions to the implementation.
5. The trader will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the trader's office where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and guarantees;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data 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 of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 - Right of Withdrawal
When delivering products:
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for at least fourteen days. This period starts the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and the 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 uses his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
In case of delivery of services:
3. When providing services, the consumer has the possibility of dissolving the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
4. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in this regard at the time of the offer and/or at the latest at the time of delivery.
ARTICLE 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, at most the costs of return will be at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur 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. that were created by the entrepreneur according to specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly, including living goods such as (garden) plants, Christmas trees, flowers and trees, bushes and shrubs;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single 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. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.
ARTICLE 9 - The price
1. 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 as result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This gebondenheid to fluctuations and the fact that any prices mentioned are target prices, are mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a. they are the result of legal regulations or stipulations; or
b. the consumer has the authority to terminate the agreement against 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 guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the realization of the agreement.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does nothing to the rights and claims that the consumer in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur against the entrepreneur can
assert on the basis of the law and / or the remote agreement.
ARTICLE 11 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving in and in the execution of orders of products and in the assessment of applications to provide services.
2. The place of delivery is the address that the consumer has made known to the company
3. Subject to what is stated about this in article 4 of these general conditions , the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives it no later than one month after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. No later than the delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
ARTICLE 12 - Duration transactions
1. The consumer may terminate a contract entered into for an indefinite period of time at any time with due observance of the applicable termination rules and a notice period not exceeding one month.
2. A contract entered into for a definite period of time has a maximum duration of two years. If it has been agreed that in the event of the consumer's silence, the distance contract will be renewed, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will be at most one month.
ARTICLE 13 - Payment
1. Insofar as not later agreed upon, the amounts owed by the consumer should be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of the this agreement related documents.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment is stipulated, the consumer can not assert any right regarding the implementation of the relevant order or service(s), before the stipulated advance payment has taken place.
3. The consumer has the duty to inaccuracies in payment data provided or mentioned immediately to the entrepreneur to report.
4. In case of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
ARTICLE 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 15 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
Last modified January 3, 2018.