TERMS

General Terms and Conditions Thuiswinkel

These General Terms and Conditions of the Dutch Thuiswinkel Organisation have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will enter into force on 1 January 2009.

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organisation and offers products and/or services to consumers at a distance;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

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 is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;

 Day: calendar day;

 Duration transaction: a distance contract with regard 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 that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

 Article 2 - Identity of the entrepreneur SDL productions.

 Retouradres:
Leemskuilen 5b
5563 CK Westerhoven.
E-mail address: sales@sdlprodukties.nl
Chamber of Commerce number: 56805926
VAT identification number: NL050471016B02

 Article 3 - Applicability

 These general terms and conditions apply to every offer made by the entrepreneur and to every 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 viewed by the entrepreneur and they will be sent free of charge at the request of the consumer as soon as possible.

 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 way 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 read electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.

 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

 Article 4 - The offer

 If an offer has a limited period of validity or is 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

 the price including taxes;
the possible costs of delivery;
the manner in which the agreement will be concluded and which actions are required for this;

 whether or not the right of withdrawal applies;

 the method of payment, delivery or execution of the agreement;

the period for acceptance of the offer, or the period for maintaining the price;

 the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
 if the agreement is archived after its conclusion, how it can be consulted by the consumer;

 the way in which the consumer can become aware of actions that he does not want before concluding the contract, as well as the way in which he can repair them before the contract is concluded;
any languages in which, in addition to Dutch, the agreement can be concluded;

 the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

 the minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.

 Article 5 - The agreement

 Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

 The entrepreneur can - within legal frameworks - 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 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.

 The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the establishment of the entrepreneur 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 statement regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and guarantees;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information 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 is of indefinite duration. If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Download here our conditions in PDF format.

 General Terms and Conditions SDL Productions.

 General Terms and Conditions of Delivery

 Article 1: Applicability

 All offers, orders and agreements of tegelsdernederlanden.nl (trade name of SDL Produkties) are subject to these General Terms and Conditions of Delivery (hereinafter: "Conditions").

 Accepting an offer or placing an order implies that the contracting party accepts the applicability of these Terms and Conditions. If the contracting party does not accept these Terms and Conditions, we ask the contracting party not to use this site.

 The provisions of these Terms and Conditions may only be deviated from after written notification or written approval by tegelsdernederlanden.nl/SDL Produkties, in which case the other provisions remain in full force.

 All rights and claims, as stipulated in these Terms and Conditions, and in any further agreements for the benefit of tegelsdernederlanden.nl/SDL Productions, are also stipulated for the benefit of intermediaries and other third parties engaged by tegelsdernederlanden.nl/SDL Productions.

 These conditions respect the rights of the consumer arising from the law (or the sales agreement).

 Article 2: Offers/agreements

 All offers from tegelsdernederlanden.nl/SDL Produkties are without obligation and tegelsdernederlanden.nl/SDL Produkties expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.

 An agreement is only concluded after acceptance of the order by tegelsdernederlanden.nl/SDL Productions. tegelsdernederlanden.nl/SDL Produkties is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, tegelsdernederlanden.nl/SDL Productions will inform you within a short time after receipt of the order.

 Article 3: Prices and payments

 The prices stated for the products and services offered are in Euro, including VAT and excluding shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

 tegelsdernederlanden.nl/SDL Productions offers various payment options.

 Vooruitbetalingen per bank of contant.

 If tegelsdernederlanden.nl/SDL Production sends an invoice for sold goods or work performed or to be performed, the contracting party is obliged, unless otherwise agreed, to pay within 14 days after the invoice date.

 In the absence of payment within the payment term, the contracting party shall owe tegelsdernederlanden.nl/SDL Produkties interest of 1% per month, without further notice of default being required, with part of the month being the whole month.

The costs of judicial and extrajudicial collection shall be borne by the contracting party. The extrajudicial collection costs are calculated on the basis of the collection rate of the Dutch Bar Association, with a minimum of € 300 per invoice.

 Insofar as a contracting party does not strictly comply with any payment and/or other obligations towards tegelsdernederlanden.nl/SDL Productions, as well as when the contracting party applies for suspension of payment or if his own or a third party applies for bankruptcy or the contracting party submits a request under the WSNP or proceeds to sell or liquidate his business or if a substantial part of the goods belonging to him is seized,  tegelsdernederlanden.nl/SDL Produkties has the right to suspend and/or dissolve deliveries to be made or work to be performed or other services to be performed, without prejudice to the right of tegelsdernederlanden.nl/SDL Productions to performance or compensation. In addition, tegelsdernederlanden.nl/SDL Productions may, without any written notice of default in advance, immediately demand payment in one lump sum if one of the above-mentioned circumstances occurs.

 If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by tegelsdernederlanden.nl/SDL Productions.

 Article 4: Delivery

If a payment for an order has been received, the items, if in stock, will be delivered as soon as possible. If an item is not available, the customer will be contacted and the order may be cancelled if desired. If in that case the order has already been paid, the amount will be refunded to the customer's account within a few days.

 tegelsdernederlanden.nl/SDL Produkties uses a maximum delivery period of 30 days. If the ordered products are not delivered within 30 days, the contracting party has the option to dissolve the purchase agreement.

 The delivery times specified by tegelsdernederlanden.nl/SDL Productions are only indicative. Exceeding any delivery period does not entitle the contracting party to compensation.

 The delivery of the products takes place at the place and time when the products are ready for shipment to the contracting party.

tegelsdernederlanden.nl/SDL Productions is entitled to fulfil the delivery in parts. The additional costs of the subsequent delivery are borne by tegelsdernederlanden.nl/SDL Productions.

 After receipt of the product, the contracting party has a cooling-off period of 14 days to dissolve the agreement without giving reasons and to return or exchange the product. Fresh products such as coffee and tea cannot be returned. 

You must then report this in writing (via e-mail or letter) within 14 days and return the product (in original, complete and undamaged packaging) undamaged, complete and unused.

In doing so, you bear the costs and risk of the return shipment.

Items of which the foil /seal has been broken will not be returned by tegelsdernederlanden.nl/SDL Productions.

If the contracting party has already made any payment, tegelsdernederlanden.nl/SDL Produkties will refund this payment within 14 days after receipt of the returned goods. tegelsdernederlanden.nl/SDL Produkties will only refund the purchase price of the product minus the shipping costs incurred.

Article 5: Delivery

The contracting party always contributes to the shipping costs. The amount of the shipping costs is therefore the same for all orders. These will be mentioned at checkout in the webshop.

Article 6: Retention of title

As long as the contracting party has not paid the full agreed price, tegelsdernederlanden.nl/SDL Produkties retains ownership of the goods to be delivered and delivered. Insofar as an agreement consists of the delivery of goods on the one hand and the performance of work on the other, tegelsdernederlanden.nl/SDL Produkties reserves the right of ownership of the goods until the time at which both the price for the delivered goods and for the work performed have been paid. tegelsdernederlanden.nl/SDL Produkties also retains ownership of goods to be delivered in respect of claims related to the agreement due to failure to comply with a mandatory obligation by the other party from the agreement, including but not limited to claims for damages and interest.

Insofar as a circumstance as referred to in Article 3 occurs, tegelsdernederlanden.nl/SDL Productions is entitled, without notice of default being required, to collect the goods that have remained the property of tegelsdernederlanden.nl/SDL Productions or to have them picked up where they are located. Insofar as tegelsdernederlanden.nl/SDL Production has retrieved the goods, it is entitled to keep the goods in its possession until the amount due, including interest and costs and compensation, has been paid in full or to dissolve the agreement.

As long as the ownership of the goods sold by tegelsdernederlanden.nl/SDL Produkties has not yet been transferred to a contracting party, the contracting party is obliged to keep the goods with the necessary care and separation. As long as the ownership has not yet been transferred to the contracting party, the latter is obliged to insure these goods against damage. At the first request of tegelsdernederlanden.nl/SDL Produkties, the contracting party is obliged to provide tegelsdernederlanden.nl/SDL Produkties with the policy for inspection to tegelsdernederlanden.nl/SDL Productions for inspection.

Article 7: Intellectual and industrial property rights

The contracting party must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by tegelsdernederlanden.nl/SDL Produkties.

tegelsdernederlanden.nl/SDL Produkties does not guarantee that the products delivered to the contracting party do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 8: Complaints and liability

The contracting party has the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, the contracting party tegelsdernederlanden.nl/SDL Productions thereof must contact:

info@sdlprodukties.nl.

If a product shows a defect, the manufacturer/importer will determine whether the product will be repaired or replaced.

If it is plausible that the defect is attributable to the contracting party or is otherwise at the expense of the contracting party and risk, the product will be returned in the same condition in consultation or have it repaired /replaced at the expense of the contracting party.

The products delivered by tegelsdernederlanden.nl/SDL Produkties are covered by a full manufacturer's warranty in accordance with the conditions set by the manufacturer in question.

The risk during the transport of the product ordered by the contracting party is for tegelsdernederlanden.nl/SDL Produkties. At the time of delivery of the product, the risk of the product passes to the contracting party, except for the liabilities that cannot be excluded by law by tegelsdernederlanden.nl/SDL Productions. When Myparcel marks the shipment as "issued", the product is considered to have been delivered. The status of the shipment by Myparcel can be read on www.myparcel.nl.

Article 9: Orders/communication

For misunderstandings, mutilations, delays or improper transmission of order data and communications as a result of the use of the Internet or any other means of communication in the traffic between the contracting party tegelsdernederlanden.nl/SDL Productions or between tegelsdernederlanden.nl/SDL Productions and third parties, insofar as it relates to the relationship between the tegelsdernederlanden.nl/SDL Produkties contracting party and tegelsdernederlanden.nl/SDL Productions,  tegelsdernederlanden.nl/SDL Productions shall not be liable, unless and insofar as there is intent or gross negligence on the part of tegelsdernederlanden.nl/SDL Productions.

Article 10: Personal data

All data entered in the order form are considered personal data tegelsdernederlanden.nl/SDL Produkties respects the privacy of all users of its site and adheres to the Personal Registration Act. The personal information provided to us by the contracting party will always be treated confidentially with care. 

tegelsdernederlanden.nl/SDL Productions will use the personal data of the contracting party to fulfil the agreement. The data will not be made available to third parties.

Article 11: Force majeure

Without prejudice to the other rights to which it is entitled, in the event of force majeure, tegelsdernederlanden.nl/SDL Produkties has the right, at its own discretion, to suspend the execution of the order, or to dissolve the agreement without judicial intervention, by informing the contracting party in writing and this without tegelsdernederlanden.nl/SDL Productions being obliged to pay any compensation,  unless this would be unacceptable in the circumstances according to standards of reasonableness and fairness.

Force majeure is understood to mean any shortcoming that cannot be attributed to tegelsdernederlanden.nl/SDL Productions, because it is not due to its fault and is not for its account under the law, legal act or generally accepted views.

Article 12: Miscellaneous

If the contracting party provides tegelsdernederlanden.nl/SDL Produkties with an address in writing, tegelsdernederlanden.nl/SDL Produkties is entitled to send all orders to that address, unless the contracting party informs tegelsdernederlanden.nl/SDL Produkties in writing of another address to which orders must be sent.

If deviations from these Terms and Conditions are permitted by tegelsdernederlanden.nl/SDL Productions during a short or longer period of time, whether or not tacitly, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The contracting party can never assert any right on the grounds that tegelsdernederlanden.nl/SDL Produkties applies these Terms and Conditions flexibly.

If one or more of the provisions of these Terms and Conditions or any other agreement with tegelsdernederlanden.nl/SDL Productions should be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by tegelsdernederlanden.nl/SDL Productions.

tegelsdernederlanden.nl/SDL Productions is authorized to use third parties in the execution of your order (s).

Article 13: Applicable law and competent court

All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.

All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.

 

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