Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - Price
Article 10 - Conformity and garance
Article 11 - Delivery and implementation
Article 12 - Duration Trades: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different terms
Article 1 - Definitions
In these terms and conditions shall apply:
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or collection of whichameobligation is spread over time;
- Durableame data carrier: any means which enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the storedagen makes information possible.
- Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Modelform: het modewithdrawal form made available by the entrepreneur that a consumer can fill in when he wants to exercise his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
- Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement, use is only made of one or more techniques for distance communication;
- Technology for remote communication: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same timeamearrived.
- Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Dominikq;
Röntgenstraat 10
3261LK OUD-BEIJERLAND
Phone number: +31186621430
E-mail: info@dominikq.com
Chamber of Commerce: 64694097
VAT identification number: NL001641023B86
Article 3 - Applicability
- These terms and conditions apply to any offer of the entrepreneur and to any established agreement on distance and orders 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 at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, in deviation from the above,oribefore the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store themagen on a sustainable basisame 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 consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
- In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
- If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the Agreement and these Terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that extends Of the original as far as possible.
- Situations that are not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.
- Uncertainties about the explanation or content of one or more terms of our terms should be explained to the spirit of these terms and conditions.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer is free of charge. The entrepreneur is entitled to change and modify the offer.
- The offer contains a complete and accurate description of the offeredoden products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offeredoden products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Alle images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images of products are a true representation of the products offered.oden products. Entrepreneur cannot garaensure that the colors displayed correspond exactly to the real colors of the products.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- The price including taxes;
- de eventactual shipping costs;
- The manner in which the agreement will be established and what action is required for this purpose;
- Whether or not it applies to the right of withdrawal;
- The manner of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur determines the price garandert;
- The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
- whether the agreement is concluded after it has been concludedarchiinformation, and if so, where it can be consulted by the consumer;
- The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
- Any other languages in which, in addition to the Dutch, the agreement can be concluded;
- the behaviorodes waarato which the entrepreneur has submitted and the manner in which the consumer complies with this code of conductodes can be consulted electronically; and
- The minimum duration of the remote agreement in case of a long-term transaction.
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will provide appropriate technical and organizational measures.orimeasures to secure the electronic transfer of data and ensures a safe webenvironment. If the consumer can order electronicallytalen, the entrepreneur will take appropriate safety 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 veraenter into the 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 consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner:agen on a sustainable basisame data carrier, send:
- The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
- The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- the information about garantions and existing after-sales service;
- The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
- The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
- In the case of a long-term transaction, the provision in the voriThis clause only applies to the first delivery.
- Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.
Article 6 - Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days.agenThis reflection period commences on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.
- During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original packaging. orireturn the product in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 14 days.agen, after receiving the product, to make it known to the entrepreneur. The consumer must make this known by means of the modeform or by means of another means of communication such as e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days.agen to return. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment.
- If, after the expiry of the periods mentioned in paragraph 2 and 3, the customer has not disclosed the intention of making use of his right of withdrawal or resignation. The product has not returned to the entrepreneur, the purchase is a fact.
On delivery of services:
- When providing services, the consumer has the option to cancel the agreement without giving any reason for at least 14 days.agen, effective on the date the agreement is concluded.
- To exercise his right of withdrawal, the consumer focus to the information provided by the operator to supply and / or before the relevant provision reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days.agen after revocation, refundtalen. This is subject to the condition that the product has already been received back by the customer webretailer or conclusive proof of complete return can be provided. Refund will be made via the same payment methodode used by the consumer unless the consumer expressly gives permission for another payment methodode.
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable eventactual depreciation of the product.
- The consumer can not be held liable for the value reduction of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, altHans has stated this in good time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- made by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that can not be returned due to their nature;
- that spoil or become obsolete;
- whose price depends on fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordingamen and computer software of which the consumer has broken the seal;
- For hygienic products whose consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurato perform a business or leisure activity on a specific date or during a specific periodode;
- Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
- Regarding bets and lotteries.
Article 9 - Price
- During the period of validity stated in the offer, the prices of the products offered will beoden products and/or services will not be increased, except for price changes resulting from verachanges in VAT rates.
- By way of exception to the vorithe entrepreneur can offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This subjection to fluctuations and the fact that eventPrices stated are target prices and will be stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
- they are the result of legislation or regulations; whether
- The consumer has the power to cancel the agreement as of the date of the price increase.
- The prices mentioned in the offer of products or services include VAT.
- Alle Prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and garance
- The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- A g. provided by the entrepreneur, manufacturer or importeraraThis does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
- The legal garantion applies. The duration of the legal garantion may differ based on the nature of the product.
- EventAny defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery.
- The GaraThis does not apply if:
- the consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;
- the delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
- the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
- The entrepeneur 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 has informed to the company.
- Subject to the provisions of paragraph 4 of this article, the company will process accepted orders withame urgent but no later than within 30 daysagen execute, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days.agen after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer has no right to compensation.
- Alle Delivery times are indicative. At eventThe consumer cannot derive any rights from the stated periods. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days.agen after dissolution, returntalen.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The cost of one eventAny return shipments are at the expense of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Trades: duration, termination and renewal
Termination
- The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of 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 definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
- The consumer can find the information in the vorithe agreements mentioned:
- cancel at any time and not be limited to cancellation at a specific time or during a specific period.ode;
- At least terminate in the same manner as they have been incurred by him;
- altcancel at any time with the same notice period as the entrepreneur has stipulated for himself.
Extension
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
- By way of exception to the voriThe consumer may tacitly extend an agreement entered into for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
- An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.ode.
Duration
- If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must beagen to be paid within 7 working daysagen after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
- In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known
Article 14 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be handled within a period of 14 days.agen calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days.agen answered with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
- In the event of complaints, a consumer should first of all turn to the entrepreneur. If the webstore is affiliated with WebWinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact WebshopKeur (www.webWinkelkeur.nl), he will mediate for free. Check this webstore has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet found, the consumer has the option to have his complaint handled by the consumer WebWinkelKeur has appointed an independent dispute committee, its decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the Europees 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 by the vendor, the vendor will either replace or repair the goods at its option or delivered.
Article 15 - Disputes
- Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law. Even if the consumer is living abroad.
- The Vienna Sale Convention does not apply.
Article 16 - Additional or different terms
Additional or deviating provisions 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.agen on a sustainable basisame data carrier.