- Article 1 – Definitions
- Article 2 – Identity of the trader
- 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 – Conformity and guarantee
- Article 11 – Delivery and execution
- Article 12 – Duration of transactions: Duration, termination and renewal
- Article 13 – Payment
- Article 14 – Complaints procedure
- Article 15 – Disputes
- Article 16 – Additional or different provisions
Article 1 – Definitions
In these terms and conditions:
- Period of Reflection: The term within which the consumer can make use of his revocation Right
- Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader;
- Day: calendar;
- Duration Transaction: A distance contract with respect to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data medium: Any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information Makes.
- Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the period of reflection;
- Model Form: The model revocation form that the trader makes available that a consumer can fill in when he wishes to use his right of withdrawal.
- Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers;
- Distance Contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance marketing of products and/or services, the exclusive use is made of one or More techniques for distance communication;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur being concurrently in the same room.
- General Terms and Conditions: the present general terms and conditions of the trader.
Article 2 – Identity of the trader
PREMIUM ARGAN OIL
Vlaardingweg 62, unit 3.16
3044 CK in Rotterdam
Chamber of Commerce – 80317677
VAT – NL861628949B02
IBAN – NL12INGB0008560636
Article 3 – Applicability
- These general terms and conditions apply to any offer by the trader and to any distance contract concluded and to orders between the trader and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall 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 are to be seen by the trader and they are sent at the request of the consumer free of charge as soon as possible.
- 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 may be made available to the consumer by electronic means In such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken by electronic means and that, at the request of the consumer, they may be notified by electronic means or otherwise be sent free of charge.
- In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs shall apply and the consumer may, in the event of conflicting terms and conditions, always Invoke the – applicable provision that is most beneficial to him.
- If one or more of the provisions of these general terms and conditions at any time are wholly or partially void or destroyed, the agreement and these Terms and conditions shall continue to be maintained and the relevant provision will be mutually agreed To be replaced without delay by a provision that approximates the scope of the original as far as possible.
- Situations that are not regulated in these general terms and conditions should be assessed ‘ in the spirit ‘ of these general terms and conditions.
- Any ambiguity about the interpretation or content of one or more provisions of our terms and conditions should be interpreted in the spirit of these terms and conditions.
Article 4 – The Offer
- If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
- The offer is without obligation. The trader is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good 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 manifest errors in the offer do not bind the entrepreneur.
- All images, specifications and information in the offer are indications and cannot give rise to compensation or termination of the agreement.
- Product images are a true 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, which 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 includes taxes;
- Any costs of dispatch;
- The way in which the agreement will be established and what actions are needed for it;
- Whether or not the right of withdrawal is applicable;
- The method of payment, delivery and execution of the contract;
- The time limit for acceptance of the offer or the period within which the trader guarantees the price;
- The amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular base rate for the means of communication used;
- Whether the agreement is archived after the creation and, if so, how it is to be consulted for the consumer;
- The way in which the consumer, before concluding the contract, can check the information provided by him under the agreement and, if desired, restore it;
- Any other languages in which, in addition to Dutch, the agreement may be concluded;
- The codes of conduct to which the trader has been subject and the manner in which the consumer can consult these codes by electronic means
Article 5 – The Agreement
- The agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance of the conditions laid down
- If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can rescind the agreement.
- If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety measures to that end.
- The trader 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 entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for failing to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The trader will provide the consumer with the product or service with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
- The visiting address of the establishment of the trader to which the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can avail themselves of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information on warranties and existing after-sales service;
- The information contained in article 4 (3) of these conditions, unless the trader has already supplied the information to the consumer before the performance of the contract;
- The requirements for termination of the contract if the contract has a duration of more than one year or is of an indefinite duration.
- In the case of an expensive transaction, the provision in the preceding paragraph shall apply only to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for 14 days. This period of reflection shall take into consideration the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the trader.
- During the reflection period, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to be able to assess whether he wishes to retain the product. If he avails himself of his right of withdrawal, he shall return the product with all the accessories supplied and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and Clear instructions.
- When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the trader within 14 days of receipt of the product. To make known the consumer must do so by means of the model form or email. After the consumer has made known to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in good time, for example by means of proof of dispatch.
- If, at the end of the time limits referred to in paragraphs 2 and 3, the customer has not made known the use of his right of withdrawal or the product has not returned to the trader, the purchase is a fact.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of returning the goods shall be at most.
- If the consumer has paid an amount, the trader will repay this amount as soon as possible, but no later than 14 days after revocation. The condition is that the product has already been received back by the webshop or conclusive proof of complete return can be consulted. Reimbursement will be made through the same payment method used by the consumer unless the consumer expressly authorizes another payment method.
- If the product is damaged by careless handling by the consumer himself, the consumer is liable for any impairment of the product.
- The consumer cannot be held liable for the depreciation of the product if the trader does not provide all statutory information on the right of withdrawal, this must be done before the conclusion of the contract
Article 8 – Exclusion of right of withdrawal
- The trader may exclude the consumer’s right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
- Established by the trader in accordance with consumer specifications;
- Which are clearly personal in nature;
- Which cannot be returned by their nature;
- For hygienic products where the consumer has broken the seal.
Article 9 – The price
- During the period of validity indicated 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.
- Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and to which the trader has no influence, with variable prices. This bonding to fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
- Price increases within 3 months of 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 contract are only permitted if the trader has stipulated this and:
- Are the result of legal regulations or provisions; Or
- The consumer has the power to cancel the contract with effect from the day on which the price increase enters.
- The prices quoted in the offer of products or services include VAT.
- All prices are subject to pressure – and typographical. No liability is accepted for the consequences of pressure and typographical. In the case of pressure – and typographical, the trader is not obliged to supply the product according to the erroneous price.
Article 10 – Conformity and guarantee
- The trader insists that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing on the date of the conclusion of the agreement legal provisions and/or government regulations. If agreed, the trader will also ensure that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not diminish the legal rights and claims that the consumer can assert against the trader under the agreement.
- Any defects or products that are delivered incorrectly must be reported to the trader within 4 weeks after delivery. Return of the products must be done in the original packaging and in new condition.
- The warranty period of the trader corresponds to the factory warranty period. However, the trader is never 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 delivered products themselves or has been repaired and/or processed by third parties;
- The products delivered are exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the trader and/or have been treated on the packaging;
- The inadequacy is wholly or partly the result of rules which the Government has set or will set in respect of the nature or quality of the materials used.
Article 11 – Delivery and execution
- The entrepreneur will observe the utmost care when receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery shall be the address which the consumer has made known to the company
- In accordance with the provisions of paragraph 4 of this article, the company will carry out accepted orders with due urgency but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially completed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights to any such deadlines. Exceeding a period does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the trader shall repay the amount paid by the consumer as soon as possible, but within 14 days of termination.
- If delivery of an ordered product proves to be impossible, the trader will endeavor to make a replacement item available. No later than delivery, a clear and comprehensible notification will be given that a replacement item is delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products Is vested in the entrepreneur until the moment of delivery to the consumer or a representative appointed and announced to the trader, unless expressly agreed otherwise.
Article 12 – Duration of transactions: Duration, termination and renewal
- The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed upon for that purpose. and a notice period of not more than one month.
- The consumer may terminate a contract which has been entered into for a fixed period of time and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated duration, taking into account that Agreed termination rules and a notice period not exceeding one month.
- The consumer may conclude the agreements referred to in the preceding paragraphs:
- Terminate at any time and not be restricted to termination at any given time or period;
- At least denounce it in the same way as they have entered into it;
- Always cancel with the same notice period as the trader has stipulated for himself
- A contract entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services must not be tacitly renewed or renewed for a specified duration.
- By way of derogation from the preceding paragraph, a contract which has been entered into for a fixed period and which extends to the regular delivery of day news and weekly newspapers and periodicals may be tacitly renewed for a period of up to three months, if the Consumer may terminate this extended agreement by the end of the renewal with a notice period not exceeding one month.
- An agreement which has been entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate at any time with a notice period not exceeding One month and a notice period of not more than three months in case the agreement extends to regular, but less than once a month, delivery of day, news and weekly journals and journals.
- An agreement with limited duration to deliver regularly to the attention of day, news and weekly newspapers and periodicals (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or Introductory period.
- If an agreement has a duration of more than one year, the consumer May, after one year, terminate the agreement at any time with a notice of a maximum of one month, unless the reasonableness and fairness are against termination before the end of the Agreed duration.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the period of reflection referred to in article 6 (1). In the event of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.
- The consumer has a duty to notify the trader without delay of any inaccuracies in the payment information provided or stated.
- In the event of default of the consumer, the trader has, subject to legal restrictions, the right to charge the reasonable costs incurred in advance to the consumer.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently well-publicized complaints procedure and treats the complaint in accordance with this complaint procedure.
- Complaints about the implementation of the agreement must be submitted to the trader in full and clearly defined within 7 days after the consumer has found the defects.
- Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
- In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with the Stichting Webshop Keur and in case of complaints that cannot be resolved by mutual agreement, the consumer has to contact the Web Store Approval Foundation (NL), which will mediate free of charge. Check if this webshop has a running membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the opportunity to have his complaint handled by the Independent Arbitration Committee appointed by Stichting Webwinkel, the ruling of which is binding and both Entrepreneur as consumers agree to this binding statement. Submitting a dispute to this litigation committee is a cost that must be paid by the consumer to the relevant commission. It is also possible to register complaints via the European ODR Platform (http://ec.europa.eu/odr).
- A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be founded by the entrepreneur, the entrepreneur will replace or repair the products delivered free of charge.
Article 15 – Disputes
- Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. Even if the consumer is resident abroad.
- The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions 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 stored by the consumer in an accessible manner on a durable medium.