General terms and conditions

Drawn up 2018, in Delft

Article 1 - Definitions

In these general terms and conditions the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on distance;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.

 

Article 2 - Identity of the entrepreneur

AllRackets.com
Email: info@allrackets.com
Chamber of Commerce Haaglanden no. 57065039
VAT nr: NL002019469B33
OB no: NL179361296B01
IBAN: NL92INGB0005780922
EORI no: NL179361296
EORI No: GB075652983000
VAT no: EN372 8304 91
SIC Code: 47640

 

Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
  2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
  4. 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.

 

Article 4 - The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.
  3. 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;
    · any 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 applies;
    · the method of payment, delivery or performance of the agreement;
    · the term for acceptance of the offer, or the term for keeping the price unconditional;
    · the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
    · if the agreement is archived after its conclusion, how it can be consulted by the consumer;
    · the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
    · the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;
    · the codes of conduct to which the entrepreneur 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 the event of an agreement that extends to continuous or periodic delivery of products or services.

 

Article 5 - The Agreement

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
  3. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
  4. 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 that 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 distance contract. 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 with reasons, or to attach special conditions to the execution. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  5. The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
    • the visiting address of the establishment of the business where the consumer can lodge complaints;
    • b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
    • c. information on existing after sales service and guarantees;
    • d. contained in Article 4 3 paragraph of these conditions, unless the trader has provided before concluding the contract this information to the consumer;
    • e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
  6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

 

Article 6a - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during seven working days. This period starts on the day after receipt of the product by or on behalf of the consumer.

2. During this 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 makes use of 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.

 

Article 6b - Right of withdrawal upon delivery of services

1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during seven working days, commencing on the day of entering into the agreement.

2. In order to use his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or appearance at the time of delivery. 

 

Article 7 - Cost in case of revocation

1. If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than within 30 days after the return or cancellation.

 

Article 8 - Exclusion of right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) which are clearly personal in nature;
c) which by their nature cannot be returned;
d) which can spoil or age quickly;
e) that come from the sale;
f) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
g) for loose newspapers and magazines;
h) for audio and video recordings and computer software of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:
a) concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b) the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c) regarding betting and lotteries.

 

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
    a) they are the result of legal regulations or provisions; or
    b) the consumer has the authority to terminate the contract by the day on which the price increase takes effect.
  5. The supply of products or services mentioned prices include VAT.

 

Article 10 - Conformity and Warranty

  1. The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and and on the date of the conclusion of the agreement existing legal provisions / or government regulations.
  2. An arrangement offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that consumers entrepreneur can assert on the basis of the law and / in respect of a failure to fulfill the obligations of the employer against or the distance contract.

 

Article 11 - Delivery and execution

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has informed to the company.
  3. With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
  4. In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 30 days after repudiation.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
  6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

 

Article 12 - Duration transactions

  1. The consumer can cancel an agreement that has been concluded for an indefinite period of time at any time with due observance of the agreed termination rules and a notice period of at most one month.
  2. A contract that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
  2. When selling products to consumers are stipulated. In terms never a prepayment of more than 50% If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s) before the advance payment has been made.
  3. The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
  4. 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

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer

 

Article 15 - Additional or derogatory provisions

Additional provisions or provisions that deviate 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 on a durable data carrier.