General terms and conditions

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General terms and conditions

These BRASOM General Terms and Conditions were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and come into force on 1 June 2014.

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Articele 3 – Applicability

Article 4 – The offer

Articele 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the withdrawal period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the trader in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – Performance and additional guarantee

Article 12 – Delivery and execution

Article 13 – Duration transactions: duration, termination and extension

Article 14 – Payment

Article 15 – Complaints procedure

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Ancillary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
  2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a defined period of time;
  7. Durable data carrier: every tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the consumer’s option to waive the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, sole or joint use is made of one or more techniques for distance communication.

Article 2 – Identity of the entrepreneur

BRASOM Drawer slides
Hermelijnstraat 14
6026 WB Maarheeze [NL]
info@brasom.nl
Chamber of Commerce number: 57966095
BTW-identificatienummer: NL002271054B39

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
  2. 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, the entrepreneur shall, before the remote agreement is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 – The offer

  1. If an offer has a limited duration or is made subject to conditions, this shall be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content 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, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. 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 agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
  5. The entrepreneur will, at the latest when delivering the product, service or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
  6. the visiting address of the trader’s office where the consumer can go with complaints;
  7. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
  8. the information on guarantees and existing after-sales services;
  9. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
  10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
  11. if the consumer has a right of withdrawal, the return form for withdrawal.
  12. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

  1. The consumer may dissolve a contract relating to the purchase of a product during a reflection period of up to 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
  2. The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  3. if 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 last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party indicated by him, has received the last shipment or part;
  5. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

In the case of services and digital content not supplied on a tangible medium:

  1. A consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
  2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  2. If the trader has provided the consumer with the information referred to in the previous paragraph within 12 months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
  3. You have the right to cancel your order up to 14 days after receipt without giving any reason. You have another 14 days to return your product after cancellation. You will then be credited for the full order amount including shipping costs. The costs of returning the product from your home to the shop are for your own account. If you exercise your right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories and – if reasonably possible – in its original state and packaging. To exercise this right, you should complete the return form .

Article 7 – Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. 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 here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he shall notify this within the withdrawal period by means of the return form, after which return instructions shall be sent to the customer by e-mail.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the trader has not notified that the consumer has to bear these costs or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs of returning the product.
  6. If the consumer exercises his right of withdrawal, all additional contracts are dissolved by operation of law.

Article 9 – Obligations of the trader in case of withdrawal

  1. If the trader enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
  2. The entrepreneur reimburses the cost of product or service, excluding any delivery costs for the return shipment, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
  3. The entrepreneur shall use the same means of payment used by the consumer for repayment, unless the consumer agrees to another method. The refund is free of charge for the consumer.

Article 10 – Exclusion of right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
  2. Service contracts, after full performance of the service, but only if:
  3. the performance has started with the consumer’s express prior consent; and
  4. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;
  5. Products manufactured to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  6. Products that spoil quickly or have a limited shelf life;
  7. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  8. Products which by their nature are irrevocably mixed with other products after delivery;
  9. The delivery of digital content other than on a material carrier, but only if:
  10. the performance has started with the consumer’s express prior consent; and
  11. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – Compliance with the agreement and additional guarantee

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader on the basis of the contract if the trader has failed to fulfil his part of the contract.
  3. Extra warranty means any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.

Article 12 – Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will carry out accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 13 – Duration transactions: duration, termination and extension

Termination:

  1. The consumer may terminate an agreement entered into for an indefinite period of time, which extends to the regular delivery of products or services, at any time with due observance of termination rules agreed for this purpose and a notice period not exceeding one month.
  2. The consumer may at any time terminate a fixed-term contract that was concluded for the regular delivery of products or services at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:

– terminate at any time and not be limited to termination at a specific time or in a specific period;

– at least terminate them in the same way as they were entered into by him;

– always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

  1. An agreement entered into for a definite period of time, which aims at the regular delivery of products or services, may not be tacitly extended or renewed for a definite period of time.
  2. An agreement entered into for a definite period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period not exceeding one month.

Duration:

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 14 – Payment

  1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer should be paid prior to delivery. In case of an agreement to provide a service, the payment should be fulfilled within 14 days after the consumer has received the confirmation of the agreement.
  2. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
  4. If the consumer does not timely meet his payment obligation(s), he is, after he has been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, due the statutory interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The proprietor may deviate from said amounts and percentages for the benefit of the consumer.

Article 15 – Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. A complaint about a product, service or the entrepreneur’s service can also be submitted via the contact form.
  5. If the complaint cannot be solved by mutual agreement within a reasonable period of time or within 3 months after the complaint was submitted, a dispute arises that is subject to the dispute settlement procedure.
  6. We advise you to first make complaints known to us by emailing info@brasom.nl. If this does not lead to a solution, it is possible to submit your dispute for mediation to the European Commission’s ODR platform. This ODR platform can be found at https://ec.europa.eu/consumers/odr.
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