Terms and Conditions BHZ Militaria
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 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Artikel 1 – Definitions
In these conditions:
- 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;
- Transaction duration: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation 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 future consultation and unaltered reproduction of the stored information
- Right of withdrawal: the possibility for the consumer to cancel within the cooling-off period
of the distance contract;
- Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of 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 distance selling of products and / or services, up to and including closing
the agreement only uses one or more techniques for distance communication;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
- Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
8256 GA Biddinghuizen
Phone number: +316 4146 4949
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 39071947
VAT identification number: NL1195.64.774.B.01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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, it will be indicated before the distance contract is concluded
that the general conditions of the entrepreneur to see and they on zverzoek of the consumer as soon as possible be sent free of charge.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer.
in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded
indicate where the general terms and conditions can be observed 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 shall apply mutatis mutandis and the consumer may, in case of conflicting general terms and conditions,
always invoke the applicable provision that is most favorable to him.
- If one or more stipulations in these general terms and conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions will remain in force for the remainder and the stipulation in question will be
consultation should be replaced without delay by a provision that approximates the scope of the original as much as possible.
- Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
- Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained ‘in the spirit’ of these general conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses
makes of images these are a truthful representation of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.
- Images with products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipping;
- the way in which the contract will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for accepting the offer or the period within which the entrepreneur guarantees 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 regular basic tariff for the means of communication used;
- whether the agreement is archived after the conclusion and, if so, on which it can be consulted for the consumer;
- the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him in the context of the agreement and repair it if necessary;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
- and the minimum duration of the distance contract in case of an extended transaction.
Artikel 5 – The agreement
- The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the agreement of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the contract.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will 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 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 the entrepreneur based on this investigation 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.
- With the product or service the entrepreneur will send 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 medium:
- the visiting address of the business location of the entrepreneur 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 guarantees and existing service after purchase;
- the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Artikel 6 – Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the option to terminate the contract without giving any reason for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or in advance by the consumer designated representative to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable information provided by the entrepreneur.
and clear instructions.
- When the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example
by means of a proof of shipment.
- If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the sale is a fact.
When delivering services:
- When providing services, the consumer has the option to terminate the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement.
- In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest on delivery.
Artikel 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs of returning the goods are at expense of the consumer.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.
Artikel 8 – Exclusion right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly in the offer, at least in time for the close of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with the specifications of the consumer;
- that are clearly personal in nature;
- which can not be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has sold the seal;
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
- regarding betting and lotteries.
Artikel 9 – The price
- During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
- In the event of a deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence on, with variable prices. This bond to fluctuations and the fact that any listed prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Artikel 10 – Conformity and warranty
- The entrepreneur warrants 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 on 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.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The guarantee does not apply if:
- the consumer has repaired and/or processed the supplied products himself or has them repaired and/or processed by third parties;
- the delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or the packaging are treated;
- the inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
Artikel 11 – Delivery and execution
- 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 has made known to the company.
- With due observance of what has been stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. The consumer has that case the right to terminate the contract without costs. The consumer is not entitled to compensation.
- All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a time limit does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available or return the money.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery until the moment of delivery to the shipping company by the entrepreneur, unless expressly agreed otherwise.
Artikel 12 – Duration transactions: duration, cancellation and extension
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed upon cancellation rules and a notice period of no more than one month.
- The consumer can cancel a contract that has been concluded 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 stipulated term with due observance of agreed cancellation rules and a notice period of no more than one month.
- Consumers can the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or in a given period;
- at least cancel in the same way as they have entered into;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
- A contract that has been concluded 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 fixed term.
- Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a specified period of time.
three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
- A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of not more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with limited duration to regularly deliver familiarization to daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial period or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed duration.
Artikel 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement date of the cooling-off period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Artikel 14 – Complaints regulation
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will within the period of 14 days replied with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products at its option or the delivered products free of charge.
Artikel 15 – Disputes
- Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Artikel 16 – Additional or deviating provisions
Additional provisions or deviating from these 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.
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