Article 1 -
Definitions
In these conditions shall apply:
Entrepreneur: the natural or legal products and / or
remote services to the consumer;
Consumer means a natural person not acting in the
exercise of professional or business and a distance contract with the
entrepreneur;
Distance contract means an agreement in the context of
a system organized by the entrepreneur for distance selling of products and /
or services until the conclusion of the agreement exclusive use of one or more
means of distance communication;
Technology for distance communication: means that can
be used to conclude an agreement, without the consumer and business
simultaneously in the same area have come together;
Grace period: The period within which the consumer can
exercise his right of withdrawal;
Right of withdrawal: the ability for consumers within
the waiting period to see the distance contract;
Day calendar;
Length Transaction: a distance contract relating to a
range of products and / or services, the supply and / or purchase is spread
over time;
Durable medium: any means that the consumer or business
that enables information to him personally is directed to store in a way that
future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the operator
Maple and More also trading under the name Nose4seasons.
Westduinweg 44b, 2583EH, The Hague
Phone: 06-14192110 (9:00 - 12:00)
E-mail: info@mapleandmore.nl
Chamber of Commerce number: 53613716
VAT number: NL 145879239B01
Article 3 - Applicability
These general conditions are applicable to each offer
from the entrepreneur and any agreement reached at a distance between
businesses and consumers.
Before the distance contract is concluded, the text of
these terms and conditions will be made available. If this is not reasonably
possible, before the distance contract is closed, indicating that the general
conditions for the entrepreneur to see and at the request of the consumer as
quickly as possible, be transmitted without charge.
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 electronically to the
consumer be made available in such a way that the consumer a simple way can be
stored on a durable medium. If this is not reasonably possible, before the
distance contract is closed, indicating where the general conditions in
electronic form can be taken and that at the request of the consumer
electronically or otherwise without charge will be sent.
In the event that besides these general conditions also
specific product or service conditions apply, the second and third paragraph
shall apply and the consumer in the event of conflicting terms always rely on
the applicable provision for the most favorable is.
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 products and / or services. The description is sufficiently detailed to
allow a proper assessment of the offer by the consumer as possible. If the
contractor uses these images are a true reflection of the products and / or services.
Obvious mistakes or errors in the offer binding on the entrepreneur.
Each offer contains such information that the consumer
is clear what the rights and obligations, to the acceptance of the offer are
attached. This concerns in particular:
· The price including taxes;
· Any costs of delivery;
· How the agreement will be achieved and what actions
they require;
· Whether to apply the right of withdrawal;
· The method of payment, delivery or performance of the
contract;
· The deadline for accepting the offer, or the deadline
for adhering to the price;
· The level of the rate of distance communication if
the cost of using the technique of distance communication are calculated on a
basis other than the basic rate;
· If the agreement after the adoption is filed, how
these consumers to consult;
· How the consumer before the conclusion of the
agreement by him popular acts can get informed, and the way he can recover
before the contract is concluded;
· The possible languages, including Dutch, the contract
may be entered;
· The conduct to which the operator has submitted and
the manner in which the consumer can conduct electronic consult and
· The minimum duration of the distance contract in the
event of a contract, including continuous or periodic delivery of products or
services.
Article 5 - The agreement
The agreement is subject to the provisions of paragraph
4, concluded at the time of the consumer accepts the offer and meet the
corresponding conditions.
If the consumer has accepted offer electronically, the
trader will immediately acknowledge electronic receipt of acceptance of the
offer. Until receipt of this acceptance has not been confirmed, the consumer
may rescind the contract.
If the agreement is created electronically, the trader
will take appropriate technical and organizational measures to protect the
electronic transfer of data and he will ensure a secure web environment. If the
consumer can pay electronically, the trader will take appropriate safety
precautions.
The entrepreneur can - within the law - to inform
consumers of its payment obligations, and of all those facts and factors that
are important to a sound conclusion of the distance. If the entrepreneur on the
basis of this study was justified in the agreement not to go, he is entitled to
a reasoned order or request or to refuse to implement special conditions
attached.
The entrepreneur will be with the product or service to
the consumer the following information in writing or in such a way that the
consumer in an accessible manner can be stored on a durable medium, send:
a visit to the address of the establishment
of the business where consumers can lodge complaints;
b. the conditions and how the consumers of
the withdrawal right can be exercised, or a clear statement regarding the
exclusion of the right of withdrawal;
c. information on existing after sales
service and warranties;
d. in Article 4 paragraph 3 of these terms
and conditions, unless the operator this information already provided to the
consumer before the execution of the contract;
e. the requirements for terminating the
agreement if the agreement has a duration of more than one year or is
indefinite.
6. If the entrepreneur is committed to providing a range of products or
services, the provision in the preceding paragraph shall apply only to the
first delivery.
Item 6a - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer can terminate the contract without
giving any reason to cancel within seven working days. This period starts the
day after receipt of the product by or on behalf of consumers.
2. During this period the consumer will carefully handle the product and
packaging. He will be the product only to unpack or use as needed to assess
whether he wishes to keep the product. If he exercises his right of withdrawal,
he will be the product with all accessories and - if reasonably possible - in
its original condition and packaging to return the operator, according to the
trader provided reasonable and clear instructions.
Item 6b - Right of withdrawal in service delivery
With the delivery of services a consumer has the option
contract without giving any reason to cancel within seven working days,
commencing on the date of entering into the agreement.
To exercise his right of withdrawal, the consumer focus
to the operator to supply and / or appearance on delivery to area provided
reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, will
not exceed the cost of return shipping cost.
If the consumer has paid a price, the entrepreneur this
amount as soon as possible but no later than 30 days after the return or
cancellation, refund.
Article 8 - Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal may
only be excluded by the entrepreneur entrepreneur submitted clearly in the
offer, at least in time for the conclusion of the agreement, stated.
Exclusion of the right of withdrawal is only possible
for products:
a) by the entrepreneur to have been made to the consumer's specifications;
b) that are clearly personal in nature;
c) by their nature can not be returned;
d) that spoil or become obsolete;
e) whose price depends on fluctuations in the financial market on which the
entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software that the consumer has
broken the seal.
Exclusion of the right of withdrawal is only possible
for services:
a) on accommodation, transport, catering or leisure to carry on a certain date
or during a specified period;
b) the supply with the express consent of the consumer, before the period has
expired;
c) on betting and lotteries.
Article 9 - The price
During the period mentioned in the offer prices of the
products and / or services have not increased, except for price changes due to
changes in tax rates.
Notwithstanding the preceding paragraph, the business
products or services whose prices are subject to fluctuations in the financial
market and where the operator has no control, with variable prices. These
fluctuations and the fact that any target prices, are at 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 from 3 months after the conclusion of
the contract are only allowed if the employer has agreed and:
a) they are the result of laws or provisions;
b) the consumer has the power to terminate at the date the increase takes
effect.
The supply of products or services mentioned prices
include VAT.
Article 10 - Compliance and Warranty
The company guarantees that the products and / or
services meet the contract, the specifications listed in the offer, the
reasonable requirements of reliability and / or utility and the date of the
conclusion of the agreement existing legal provisions and / or government
regulations.
By the trader, manufacturer or importer as a guarantee
scheme does not affect the rights and claims that consumers in respect of a
breach of the obligations of the employer may assert against the employer under
the Act and / or the distance.
Article 11 - Delivery and implementation
It will be the utmost diligence in the receipt and
execution of orders and products when assessing applications for the provision
of services.
The place of delivery is the address that the consumer
made known to the company.
Subject to what is stated in Article 4 of these General
Conditions, the Company accepted orders expeditiously within 30 days unless a
longer delivery period is agreed. If delivery is delayed, or if an order is not
or only partially carried out, the consumer receives the latest one month after
the order was placed. The consumer in this case the right to terminate the
agreement without costs and be entitled to any compensation.
In case of dissolution in accordance with the preceding
paragraph, the operator the amount that consumers paid as soon as possible but
no later than 30 days after termination, repay.
If delivery of an ordered product proves impossible,
the trader will endeavor to provide a replacement item available. By the
delivery will be clear and comprehensible manner that a replacement item is
delivered. For replacement items right of withdrawal can not be excluded. The
cost of return shipment are borne by the entrepreneur.
The risk of damage and / or loss of products until the
time of delivery to the consumer in the business, unless otherwise expressly
agreed.
Article 12 - Duration Transactions
The consumer may contract for indefinite at any time
denounce the applicable termination rules and a notice of up to one month.
A contract for a certain period has a duration of two
years. If it is agreed that the silence of the consumer distance contract will
be renewed, the agreement will continue as a contract of indefinite duration and
will continue after the notice of the agreement up to one month.
Article 13 - Payment
Unless subsequently agreed by the consumer amounts to
be paid within fourteen days after delivery of the goods or in case of a
contract to provide a service, within 14 days after issuance of the relating to
this agreement.
When selling products to consumers in terms never a
prepayment of more than 50% be achieved. If payment is agreed, the consumer may
not assert any rights regarding the implementation of the order or service (s)
before the advance payment has been made.
The consumer has the duty to inaccuracies in data
supplied or specified payment immediately to the operator to report.
In case of default by the consumer, the operator
subject to statutory limitations, the right to advance to the consumer
reasonable costs to charge.
Article 14 - Complaints
The entrepreneur has a well-publicized complaints and
deals with complaints under this procedure.
Complaints about the performance of the contract must
promptly, fully and clearly described and submitted to the operator, after the
consumer has found the defects.
The entrepreneur complaints within a period of 14 days
from the date of receipt. If a complaint is a foreseeable longer processing
time, then the trader within the period of 14 days responded with an
acknowledgment and an indication if the consumer can expect a more detailed
answer.
Article 15 - 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 in such a way that the
consumer in an accessible way to be saved on a durable medium.
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