TERMS AND CONDITIONS
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 - Compliance and Warranty
Article 11 - Delivery and execution
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 within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar;
- 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, 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;
- Specimen: the model withdrawal form which allows the operator available that can fill a consumer if he wants to exercise his right of withdrawal.
- entrepreneur: offers the natural or legal products and / or remote services to consumers;
- Distance contract: an agreement in the context of the entrepreneur organized system 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 for the conclusion of a contract, without the consumer and trader being simultaneously in the same space.
- Terms and Conditions: these Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Computer Expert h.o.n.v. ScreenOn;
Phone: +3158 2045 115
Chamber of Commerce number:73166235
VAT identification number: NL859382254B01
Article 3 - Applicability
- These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts 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, indicate that the general conditions seen at the entrepreneur and as soon as possible be sent free of charge on zverzoek consumer.
- If the remote agreement is closed electronically, controlling the previous paragraph and before the remote agreement is concluded, the text of these General Terms and Conditions by electronic means to consumers are made in such a way that it is upset by the consumer A simple way can be stored on a sustainable data carrier. If this is reasonably possible, before the remote agreement is concluded, it will be specified where the general terms and conditions can be taken by electronic means and that they will be sent electronically or in other ways at the request of the consumer.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph of corresponding application and consumers can always rely on the applicable provision in the event of conflicting general terms and conditions that are most favorable for him is.
- If one or more provisions in these general terms and conditions are wholly or partially or destroyed at any time, the agreement and those conditions for the rest shall remain and the relevant provision will be replaced without delay by a provision that the scope approached from the original as much as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'to the Spirit' of these General Terms and Conditions.
- Ambalculation on the explanation or content of one or more provisions of our conditions must be explained 'to the Spirit' of these General Terms and Conditions.
Article 4 - The offer
- If an offer has a limited validity period or under conditions, this is emphatically stated in the supply.
- 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 products and / or services offered. The description is sufficiently detailed to make a good assessment of the offer by consumers possible. If the entrepreneur uses images, these are a truthful representation of the products and / or services offered. Apparent errors or apparent errors in the range do not bind the entrepreneur.
- All images, specifications Data in the offer are indication and cannot be a reason for compensation or termination of the agreement.
- Images of products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
- Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This in particular concerns:
- The price including taxes;
- the possible costs of shipment;
- The way in which the agreement will be established and what acts are necessary for this;
- whether or not to apply the right of withdrawal;
- the method of payment, delivery and implementation of the agreement;
- The deadline for acceptance of the supply, or the period within which the entrepreneur guarantees the prize;
- the level of the remote communication rate if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the means of communication;
- whether the agreement is archived after the creation, and if so on which it can be consulted for consumers;
- the way in which the consumer, for the conclusion of the agreement, can check the data provided by it under the Agreement and, if desired;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct that the entrepreneur has been subjected and the way in which the consumer can consult these codes of conduct by electronic means; and
- The minimum duration of the remote agreement in the event of a duration transaction.
Article 5 - The agreement
- The Agreement shall, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the supply and compliance with the conditions laid down.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately provide the receipt of the acceptance of the offer by electronic means. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer may decompose the agreement.
- If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will respect appropriate safety measures to this.
- 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 successful conclusion of the remote agreement. On the basis of this study, if the entrepreneur has good grounds to not enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to implementation.
- The entrepreneur will provide the following information in the product or service to the consumer in writing or in such a way that it can be stored in a sustainable data carrier by the consumer in an accessible manner:
- 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 make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
- the information about guarantees and existing service after purchase;
- The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the implementation of the agreement;
- The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of an indefinite period.
Article 6 - Right of withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This concerns about the day after receiving the product by the consumer or a prior consumer designated by the consumer and represented to the entrepreneur.
- During the reflection time, consumers will handle the product and packaging carefully. He will only unpack or use the product to the extent that it is necessary to be able to assess whether he wishes to preserve the product. If he uses his right of withdrawal, he will return the product with all supplied 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 make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, upon receipt of the product. Making it known must do the consumer through the model form or through a different means of communication such as by e-mail. After the consumer has known to want to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example through proof of shipment.
- If the customer has not made use of his right of withdrawal response after the time limits referred to in paragraphs 2 and 3. The product has not returned to the entrepreneur, buy a fact.
Upon delivery of services:
- Upon delivery of services, consumers have the opportunity to dissolve the agreement without giving reasons for at least 14 days, entered the day of entering into the agreement.
- To use its right of withdrawal, consumers will focus on the reasonable and clear instructions provided by the entrepreneur during the supply and / or at the latest.
Article 7 - Costs in the event of a revocation
- If the consumer uses his right of withdrawal, the costs of return will be charged at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. Here, the condition that the product has already been received by the web retailer or conclusive proof of complete return can be submitted. Refund will be made through the same payment method used by the consumer unless the consumer expressly authorizes a different payment method.
- If the product is damaged by careless handling by the consumer itself, consumers are liable for any impairment of the product.
- The consumer cannot be held liable for impairment of the product if the entrepreneur does not provide all statutory information about the right of withdrawal, this should be made to conclude the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur may exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the supply, at least timely to the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- established by the entrepreneur in accordance with consumer specifications;
- which are clearly personal in nature;
- which cannot be returned by their nature;
- that can spoil or aging quickly;
- whose price is bound to fluctuations on the financial market to which the entrepreneur has no influence;
- For loose newspapers and magazines;
- For audio and video recordings and computer software whose consumer has forces the seal;
- For hygienic products whose consumer has broken the seal.
- concerning accommodation, transport, restaurant company or leisure activities to perform at a certain date or during a certain period;
- whose delivery with the express consumer consent started before the reflection time has expired;
- concerning bets and lotteries.
Article 9 - The price
- During the validity period specified in the offer, the prices of the products and / or services offered are not increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations on the financial market and where the entrepreneur does not affect variable prices. This bondage to fluctuations and the fact that any prices stated are target prices are stated in the supply.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has this stipulated and:
- these are the result of legal regulations or provisions; or
- The consumer the authority has to cancel the agreement with effect from the day on which the price increase starts.
Article 10 - Conformity and warranty
- The entrepreneur states that the products and / or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and legal provisions on the date of the conclusion of the agreement / or government regulations. If agreed, the entrepreneur is also in that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can apply to the entrepreneur under the Agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur within 2 months of delivery. Return of the products should be done in the original packaging and in new condition.
- The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, the entrepreneur is not responsible for the final 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 edited the products delivered or has been repaired by third parties;
- The products supplied to abnormal conditions are exposed or otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or packaging are treated;
- The defendence is completely or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials applied.
Article 11 - Delivery and implementation
- The entrepreneur will comply with the greatest possible care when receiving and in the performance of orders of products and when assessing applications for the provision of services.
- As a place of delivery, the address applies that the consumer has made known to the company.
- With due observance of what is mentioned in paragraph 4 of this article, the company will perform accepted orders with a competent emergency but no later than 30 days, unless consumers agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed only or only partially, the consumer will receive this no later than 30 days after he has placed the order message. In that case, consumers have the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights to any aforementioned periods. The consumer is not entitled to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
- If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest when delivery will be reported to a clear and comprehensible manner that a replacement item is supplied. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are borne by the entrepreneur.
- The risk of damaging and / or loss of products is based on the entrepreneur until the moment of delivery to consumers or a pre-appointed representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: Duration, cancellation and extension
- The consumer can agree an agreement that has arranged indefinitely and that regulates the arranged delivery of products (including electricity) or services, at any time, with due observance of agreed cancellation rules and a notice period of no more than one month.
- The consumer cancel an agreement that has been entered into for a fixed time and which stretches to the arranged delivery of products (including electricity) or services, at all times at the end of the limited duration, at the end of the limited duration, with due observance of agreed cancellation rules and a cancellation period of ten Top one month.
- The consumer can agree the agreements mentioned in the previous paragraphs:
- Cancel at all times and not limited to cancellation at a specific time or in a certain period;
- at least cancel in the same way when they have been entered into by Him;
- Always cancel with the same cancellation period if the entrepreneur has stipulated for himself.
- An agreement that has been entered into for a fixed time and which stretches to the arranged delivery of products (including electricity) or services may not be tacitly extended or renewed for a limited duration.
- By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed period and that stretches to the regular delivery of day news and weekly newspapers and magazines are tacitly extended for a certain duration of up to three months, as the consumer against this extended agreement The end of the extension can cancel with a cancellation period of no more than one month.
- An agreement that has been entered into for a fixed time and which stretches to the regulated delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at all times with a notice of notice of no more than one month and a notice period of at most. Three months in case the agreement stretches to it, but less than once a month, delivering day, news and weekly newspapers and magazines.
- An agreement with a limited duration to the arranged for the acquisition of day, news and weekly magazines and journals (trial or introductory subscription) is not tacitly continued and automatically ends after the test or introduction period.
- If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time after a year by no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 - Payment
- To the extent that it has not been agreed otherwise, the amounts owed by the consumer must be met within 7 working days after entering into the inventory period as referred to in Article 6 paragraph 1. In the event of an agreement to grant a service, this period adheres to After the consumer has received the confirmation of the agreement.
- The consumer has the obligation to report inaccuracies to the entrepreneur without delay in provided or stated payment details.
- In the event of a consumer default, the entrepreneur has subject to legal restrictions, the right to charge the reasonable costs known to the consumer in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently announced complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly within 2 months to the entrepreneur after the consumer has found the defects.
- Complaints submitted to the entrepreneur are recognized within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur responds within the period of 14 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, a dispute that is susceptible to the dispute settlement.
- In the event of complaints, a consumer must first be turned to the entrepreneur. If the web store is affiliated with Stichting Webwinkelkeur and in complaints that cannot be resolved in mutual consultation, consumers must turn to Stichting Webwinkelkeur (www.webwinkel.nl), This will mediate free of charge. Check if this web store has a running membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not yet come to a solution, the consumer has the possibility to handle his complaint by the independent disputes committee appointed by Stichting Webwinkelkeur, the ruling is binding and both entrepreneur and consumers agree with this binding statement. To submit a dispute to this disputes committee, costs associated with the consumer must be paid to the relevant committee. It is also possible to sign up 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 well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products for its choice or the delivered products.
Article 15 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
In addition to these General Terms and Conditions, the provisions of these General Terms and Conditions may not be in writing to be laid down in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier.