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 - 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 withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and performance
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuation agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him on a means that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the option of the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
- Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which one or more techniques for distance communication are used exclusively or partly up to and including the conclusion of the agreement;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
- Distance communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time. li>
Article 2 - Identity of the entrepreneur
Company name:Arkasa B.V.
Business address:Lage Brink 64H , 7317 BG Apeldoorn
Email address: info@buxibo.com
Phone number:(+31) 6 24549218(Mon-Fri: 10: 00 – 17:00)
Chamber of Commerce number: 84706511
VAT identification number: NL863325075B01
If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.
Article 3 - Applicability
- These general terms and conditions apply to every offer from 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding 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. be made available in such a way that it can be easily stored by the consumer 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 free of charge electronically or otherwise at the request of the consumer. /li>
- In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can always opt out in the event of conflicting terms and conditions. rely on the applicable provision that is most favorable to him.
Article 4-The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content 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 associated with accepting the offer.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 take 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 contract. distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The entrepreneur will provide the following information to the consumer no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be accessed by the consumer in an accessible manner stored on a durable data carrier, enclose:
- the visiting address of the entrepreneur's branch where the consumer can go with complaints;
- 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;
- the information about warranties and existing after-sales service;
- the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him 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 designated in advance by the consumer, who is not the carrier, has received the product, or: /li>
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, 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 different delivery times.
- 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 part; li>
- in the 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.
For services and digital content that is not supplied on a tangible medium:
- The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige him to state his reason(s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not delivered on a tangible medium if no information is provided about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original, in accordance with the previous paragraphs reflection period established in this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer has received information.
Article 7-Obligations of the consumer during the cooling-off 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 operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
- The consumer is only liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8- Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he must 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 14 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 is not necessary 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 supplied accessories, if reasonably possible in the 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 bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
- the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
- he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period prior to delivery;
- he has not acknowledged that he loses his right of withdrawal when granting his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
- If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
- The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer informed him of the withdrawal. reports. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10-Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement: p>
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
- Package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period for their implementation;
- Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that, by their nature, are irreversibly mixed with other products after delivery;
- Alcoholic drinks whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market on which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, of which the seal was broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
- The supply of digital content other than on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he loses his right of withdrawal.
Article 11-The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12- Compliance with agreement and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the 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 other than normal use.
- An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill its part of the agreement.
- Extra warranty means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event he has failed to fulfill his part of the agreement.
Article 13-Delivery and execution
- The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has provided to the entrepreneur.
- With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is 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 until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly stated otherwise agreed.
Article 14- Duration transactions: duration, cancellation and renewal
Cancellation:
- The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules. and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period. cancel in accordance with agreed cancellation rules and a notice period of no more than one month.
- The consumer can cancel the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or period;
- cancel at least in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
- An agreement that has been entered into for a fixed period and that aims to deliver products (including electricity) or services may not be tacitly extended or renewed for a certain duration. < /li>
- Contrary to the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of day, news and weekly newspapers and magazines may be tacitly extended for a certain duration of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of at most one month.
- An agreement entered into for a fixed period and that extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can cancel with a notice period of at most one month. The notice period is a maximum of three months in the event that the agreement is arranged, but less than once a month, delivery of day, news and weekly newspapers and magazines.
- An agreement with a limited duration to arrange the regular delivery of day, news and weekly newspapers and magazines (test or introduction subscription) is not tacitly continued and automatically ends automatically after the end of the Test or introductory period.
Duration:
- If an agreement has a duration of more than a year, the consumer may at any time cancel the agreement with a cancellation period of at most one month, unless reasonableness and fairness against cancellation before the end of the agreed duration.
Article 15 - Payment
- Insofar as it is not stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or at the lack of a cooling -off period within 14 days after the conclusion of the agreement. In the event of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay more than 50%in general terms and conditions. When prepayment is stipulated, the consumer cannot assert any rights regarding the implementation of the relevant order or service (s), before the stipulated prepayment has taken place.
- The consumer has the duty to immediately report inaccuracies in the entrepreneur provided or stated.
- If the consumer does not meet his payment obligation (s) in time, it will, after he has been informed by the entrepreneur the late payment and the entrepreneur the consumer a period of 14 days has granted to meet his payment obligations, after the absence of payment within this 14-day period, the statutory interest due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16 Complaints procedure
- The entrepreneur has a sufficiently announced complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly defines within a reasonable time after the consumer has found the defects, fully and clearly defined.
- 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 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement.
Article 17 - Disputes
- to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies.
Article 18 - additional or different provisions
additional or provisions deviating from these general 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 accessed by the consumer in an accessible manner are stored on a sustainable data carrier.