Our terms and conditions
Article 1 – Identity of the entrepreneur
Article 2 – Applicability
Article 3 – The offer
Article 4 – The agreement
Article 5 – Right of withdrawal
Article 6 – Costs in case of withdrawal
Article 7 – Exclusion of the right of withdrawal
Article 8 – The price
Article 9 – Conformity and warranty
Article 1 – IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur: Xapron bv
Email address: firstname.lastname@example.org
ARTICLE 2 – APPLICABILITY
- These general terms and conditions apply to every offer from the entrepreneur and to every contract concluded between the entrepreneur and the consumer.
- Before the agreement is concluded, the text of these general terms and conditions is made available to the consumer.
If this is not reasonably possible, before the agreement 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 contract is concluded electronically, contrary to the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that applies to him the most favorably.
ARTICLE 3 – THE OFFER
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, the products and / or services offered will be shown as fully as possible and as truthfully as possible. However, product colors may differ from the actual colors on these images. 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. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and implementation of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for communication if the costs of using the technique for communication are calculated on a basis other than the regular basic rate for the communication means used;
- whether the agreement is archived after its conclusion, and if so how the consumer can consult it;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement 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;
- the minimum duration of the agreement in the event of an extended transaction.
ARTICLE 4 – THE AGREEMENT
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can – within the law – inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- The entrepreneur will send the following information with the product or service to the consumer, 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 establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the way 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 terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
ARTICLE 5 – RIGHT OF WITHDRAWAL
- When purchasing products, the consumer has the option of dissolving the contract within 14 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and the 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 condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
To exercise the right of withdrawal, you must send us (Xapron BV, Prof. Eykmanweg 9, 5144ND Waalwijk, the Netherlands, +31 416859030 or email@example.com) via an unambiguous statement (eg in writing by post or e-mail) a notice by you of your decision to withdraw from the contract. You can use the model withdrawal form on our website for this, but you are not obliged to do so.
To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
ARTICLE 6 – COSTS IN THE EVENT OF WITHDRAWAL
- If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne by the consumer at most.
- 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, provided that the customer has returned the product within 14 days after sending the cancellation notice.
ARTICLE 7 – EXCLUSION RIGHT OF WITHDRAWAL
Excluded from the right of withdrawal is a consumer purchase that concerns the delivery of:- products manufactured according to the consumer’s 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 that have a limited shelf life;
- products that are not suitable for being returned for reasons of health protection or hygiene and for which the seal has been broken after delivery;
- products that have been irrevocably mixed with other goods after delivery due to their nature;
- alcoholic beverages, the price of which has been agreed at the time of purchase, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on market fluctuations over which you have no influence;
- audio and video recordings and computer software of which the seal was broken after delivery;
- newspapers, or magazines, with the exception of a contract for the regular delivery of such publications (a subscription);
ARTICLE 8 – THE PRICE
- During the validity period stated in the offer, the prices of the products and / or services offered are not increased, subject to price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices 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 statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the range of products or services include VAT.
ARTICLE 9 – CONFORMITY AND 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 legal provisions existing on the date of the conclusion of the agreement 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 agreement.