General terms and conditions
Index
Article 1 – Definitions
Article 2 – The Entrepreneur’s identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection
Article 8 – Exercise of the right of withdrawal by the consumer and their cost
Article 9 – Obligations of the trader in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance and Warranty extension
Article 13 – Delivery and implementation
Article 14 – Complaints
Article 15 – Disputes
Article 16- Additional or different terms
Article 1 – Definitions
In these conditions apply:
Additional agreement: an agreement whereby the consumer products and / or services acquires in connection with a distance contract and
these things, and / or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Time to consider: 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: calenderday;
Durable medium: any device – including also e-mail – that enables the consumer or entrepreneur information to him personally directed to store in a way that
future consultation or use over a period appropriate to the purpose for which it was intended; and that makes the natural reproduction of the stored information possible;
Right of withdrawal: the ability of the consumer to relinquish the contract on a distance within the waiting period of the contract;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services on a distance to consumers;
Distance Contract: a contract concluded between the entrepreneur and the consumer under an organized system for sale at a distance of products, and / or services,
in which inclusively to the conclusion of the contract exclusively or partly use is made of one or more techniques for distance communication;
Model withdrawal form: the European standard form in Annex I to these conditions for withdrawal;
Technology for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur have to be met in the same room.
Article 2 – Identy of the entrepreneur
Zwaan SchaatsenService
Rembrandtlaan 14a
3723 BJ Bilthoven
The Netherlands
Telephone: 0(31)683238857 during office hours CET
E-mailadress: zwaan@speedskatesservice.expert
COC number: 61432687
VAT Identification number:NL001329425Bo4
Article 3 – Applicability
These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between the entrepreneur and consumer.
Before concluding a distance contract, the text of these general conditions are made available to the consumer. If this is reasonably
is not possible, the entrepreneur will before concluding the distance contract, indicate how the general conditions with the entrepreneur
are visable and that they are being 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 terms and conditions will be made electronically available to the consumer in such a way that the consumer is able to store in a
simple way this general conditions on a durable medium.
If this is not reasonably possible, before the distance contract
closed, the entrepreneur will indicate where the general conditions in electronic form can be taken and that at the request of the consumer.
it will be sent electronically or otherwise free of charge.
In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraphs
shall apply and the consumer in case of conflicting terms may always rely on the applicable provision that is most favorable to him.
Article 4 – The Offer
If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the offered products and / or services.
The description is sufficiently detailed for a proper assessment of the offer by the consumer .
If the entrepreneur makes use of pictures, they are truthful representation of the products and 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 rights and obligations are attached to accepting the offer.
Article 5 – The contract
The agreement is, subject to the provisions of paragraph 4, concluded at the time of the consumer accepting the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer.
Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission
of data and he will ensure a secure web environment.
If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can within the law – inform the consumer’s ability to meet its payment obligations, and of all those facts and factors that are important to
a sound conclusion of the distance contract.
If the entrepreneur on basis of this investigation has justified reasons not to engage this contract, he is lawfully entitled to refuse an order or application or
to bind its implementation to special conditions.
The entrepreneur will send due upon delivery of the product or service to the consumer the following information in writing or in such a way that by the
consumer can store this information in an accessible manner on a durable medium:
the address of the establishment of the business where consumers can lodge complaints;
the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and after sales service;
the price including all taxes of the product or service;
in so far as applicable, the cost of delivery;
and the method of payment, delivery or performance of the contract on distance; if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
For products:
The consumer may terminate a contract concerning the purchase of a product during a cooling-off period of 14 days without giving reasons.
In case of an order for products with a special offer, the order can not be cancelled.
The entrepreneur may ask the consumer about the reason for revocation, but he may not obligate to stating his reason (s)
The in paragraph 1 mentioned cooling-off period begins on the day after the consumer or a third party designated in advance by the consumer,
which is not the carrier, has received the product, or:
in case the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by him,
has received the final product.
The entrepreneur may, provided that he has informed the consumer prior to the ordering process in a clear manner, refuse an order of
several products with different delivery time;
if the supply of a product consisting of multiple lots or pieces:
the day on which the consumer or a third party designated by him, received the last shipment of the final part;
in case the contract is for regular delivery of goods during a certain period:
the day on which the consumer or a third party designated by him, has received the first product.
For services:
The consumer may terminate a service contract for at least 14 days without giving reasons.
The entrepreneur may ask the consumer to the reason for revocation, but it does not commit to stating his reason (s).
The grace period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended grace period for products and services to not inquire about the right of withdrawal:
In case the entrepreneur did not provide the consumer with the information required by law about the right of withdrawal and
the model withdrawal form,
the waiting period will expire twelve months after the end of the original fixed cooling period, in accordance with the preceding paragraphs.
If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after
the effective date of the initial grace period, the grace period shall expire 14 days from the day the consumer has received that information.
Article 7 – Obligations of the consumer during the reflection
During this period the consumer will treat the product and packaging carefully.
He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product.
The basic principle is that the consumer can handle and inspect the product as he would be allowed to do in a shop.
The consumer shall only be liable for diminished value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
The consumer shall not be liable for diminished value of the product in case the entrepreneur did not provided him before or at the conclusion of the agreement
with all the legally required information on the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and their costs
If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period using the model withdrawal form or
any other unequivocal manner to the entrepreneur.
As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back,
or he hands it to (a representative of) the entrepreneur.
This does not apply if the entrepreneur has offered to collect the product himself. The consumer has the return postage term in any case taken
into account as to return the product before the period has expired.
The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance
with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer must bear the direct cost of returning the product
If the entrepreneur has not notified the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself,
consumers do not bear the cost of returning;
the entrepreneur did not provide the consumer with the information required by law about the right of withdrawal, the expenses in case
of withdrawal and the model withdrawal form or;
he has not agreed explicitly prior to its delivery with the start of the fulfillment of the agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal when giving his consent; or the entrepreneur has failed to confirm this statement of the consumer.
If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer possible through electronic means, he sends upon receipt of
this message immediately an acknowledgment.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery charges charged by the entrepreneur for
the returned product, immediately but within 14 days after the day on which the consumer notifies him of the revocation.
Unless the entrepreneur offers to collect the product, he may wait to return until he has received the product or demonstrates to the consumer
that he has returned the product, whichever is the earlier.
The entrepreneur uses in case of repay the same means of payment that the consumer has used, unless the consumer agrees to a different method.
The reimbursement is free for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay
the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur stated this clearly
in the offer and in time before the conclusion of the agreement.
Service contracts after full implementation of the service, but only if:
the performance has begun with the explicit prior consent of the consumer;
and the consumer has declared that he will lose his right of withdrawal once the contract is fully performed by the entrepreneur.
According to the consumer’s specifications manufactured products, which are not prefabricated and manufactured on the basis of an individual
choice or decision by the consumer, or which are clearly intended for a specific person.
Article 11 – The price
During the period mentioned in the offer, the prices of the products and / or services are not increased in the offer, except for price changes
due to changes in VAT rates.
The prices of the offered products or services include VAT.
Article 12 – Compliance Agreement and extended warranty
The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements
of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
By the entrepreneur, its supplier, manufacturer or importer extended warranty limits never the legal rights and claims that consumers can make
under the contract against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
Additional guarantee means any undertaking by the entrepreneur, its supplier, importer or producer which attributes to the consumer certain rights
or claims beyond which he is legally required in case he failed to fulfill his part of the agreement .
Article 13 – Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications
for the provision of services.
The place of delivery is the address that the consumer made known to the entrepreneur.
Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will accepted orders expeditiously but not later than within
30 days, unless a different delivery period is agreed.
If delivery is delayed or if an order is not or only partially carried out, the consumer receives no later than 30 days after placing the order a notification.
The consumer has in such case the right to terminate the contract without penalty and is entitled to any compensation.
After dissolution in accordance with the preceding paragraph, the entrepreneur will refund immediately the amount that consumers paid.
The risk of damage and / or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a pre-designated and
to the entrepreneur announced representative, unless expressly agreed otherwise.
Article 14- Complaints
The entrepreneur has a well-publicized complaintprocedure and deals with complaints under this procedure.
Complaints about the execution of the contract must within a reasonable time after the consumer noticed the defects, fully and clearly described
be submitted to the entrepreneur.
At the entrepreneur played complaints are answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur will then answer by within the period of 14 days with a notice of receipt
and an indication if the consumer can expect a more detailed answer.
If the complaint can not be resolved by mutual agreement within a reasonable time or within three months after the filing of the complaint a dispute is
created that is subject to dispute.
Article 15- Disputes
Agreements between the entrepreneur and the consumer under these terms refer only to Dutch law.
Article 16 – Additional or different terms
Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be such so
that these are stored in an accessible manner the consumer on a durable medium.
Annex I: Model withdrawal form
(this form only to complete and return when you want to withdraw from the contract)
To:
Zwaan SchaatsenService
Email: administrator@zwaanschaatsenservice.nl
– I / We * part / share * hereby give notice that I / we * revoke / revocation *
our contract on the sale of the following products: [designation product] *
the provision of the following service: [service designation] *
– Ordered on * / received on * [Date order to receive services or products]
– [Name of consumer (s)]
– [Address of consumer (s)]
[Signature of consumer (s)] (only if this form is notified on paper)
* Delete whichever is not applicable or fill in as appropriate.
