GENERAL TERMS AND CONDITIONS CASEY WEBSHOP
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 cooling-off period
ARTICLE 8 - Exercise of the right of withdrawal by the consumer and costs thereof
ARTICLE 9 - Obligations of the Entrepreneur in the event of revocation
ARTICLE 10 - Compliance and additional warranty
ARTICLE 11 - Delivery and execution
ARTICLE 12 - Payment
ARTICLE 13 - Settlement of complaints
ARTICLE 14 - Disputes
ARTICLE 1 - DEFINITIONS
For the purposes of these terms and conditions:
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation 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.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: Woke Productz B.V., in this case acting under the name Casey Amsterdam;
Distance contract: an agreement whereby in the context of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement exclusive use of one or more means of distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur simultaneously in the same room have come together.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Address: Valeriusstraat 102, 1075 GC Amsterdam
Telephone: +31 647884689 (on weekdays from 09.00 to 18.00 hours)
E-mail address: [email protected]
Chamber of Commerce number: 76458164
VAT identification number: NL860629958
ARTICLE 3 - APPLICABILITY
- These General Terms and Conditions apply to any offer made by the Entrepreneur and to any distance contract concluded between the Entrepreneur and the Consumer.
- 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 inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that, in addition to these general terms and conditions, specific product- or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
ARTICLE 4 - THE OFFER
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
ARTICLE 5 - THE AGREEMENT
- The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.
- If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the legal framework - inform himself 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, 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 request, stating reasons, or to attach special conditions to the implementation.
- The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
b. the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information prior to the execution of the agreement.
ARTICLE 6 - RIGHT OF WITHDRAWAL
- The consumer may dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but does not oblige the consumer to state his reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
- 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 determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for any reduction in the value of the product resulting from a handling of the product which goes beyond what is permitted in paragraph 1.
- The consumer shall not be liable for any reduction in the value of the product.
ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
- If the consumer exercises his right of withdrawal, he shall report this to the Entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 10 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This does not have to be done if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct costs of returning the product.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL
- If the Entrepreneur makes the notification of withdrawal by the Consumer possible electronically, he shall send a confirmation of receipt without delay after receipt of this notification.
- The trader shall use the same means of payment that the consumer has used for the refund, unless the consumer agrees to another method. The refund shall be free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.
ARTICLE 10 - COMPLIANCE WITH THE AGREEMENT AND EXTRA WARRANTY
- 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 date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never restricts the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfil his part of the contract.
- Extra guarantee is understood to mean any undertaking by the proprietor, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to if he has failed to fulfil his part of the contract.
- The enterpreneur does not provide any warranty to cover indirect damage, such as alleged damage to a phone through or despite the use of one of its products.
- The warranty does not cover a defect caused by wear, misuse and intensive use or fall damage.
ARTICLE 11 - DELIVERY AND EXECUTION
- The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer will receive notification of this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 - PAYMENT
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
- If the consumer does not meet his payment obligation(s) on time, after the proprietor has drawn his attention to the late payment and the proprietor has given the consumer a period of 14 days in which to still meet his payment obligations, after failing to pay within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the proprietor is entitled to charge any extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the amounts and percentages mentioned for the benefit of the consumer.
ARTICLE 13 - COMPLAINTS PROCEDURE
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, complete and clearly described.
- Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 30 days 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 within a reasonable period of time or within 3 months after the complaint has been submitted, a dispute arises that is subject to dispute resolution.
ARTICLE 14 - DISPUTES
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
- Disputes between the Consumer and the Entrepreneur about the conclusion or execution of contracts relating to products and services to be supplied or delivered by this Entrepreneur may, subject to the following provisions,Both the Consumer and the Entrepreneur are submitted to the Disputes Committee Webshop, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
- 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 period of time.
- No later than twelve months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer within five weeks after a written request made by the entrepreneur, in writing to pronounce whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee pronounces its verdict under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by means of a binding advice.
- The Disputes Committee will not deal with a dispute or discontinue the proceedings if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually ceased his business activities, before a dispute has been dealt with by the committee at the session and a final decision has been given.
- If, in addition to the Geschillencommissie Webshop, another recognised dispute committee or one affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Webshop is exclusively competent for disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other recognized arbitration board affiliated with the SGC or Kifid.