TERMS AND CONDITIONS
TABLE OF CONTENTS
Article 1 – DEFINITIONS
Article 2 – APPLICABILITY
Article 3 – PURCHASE AGREEMENT
Article 4 – RIGHT OF WITHDRAWAL
Article 5 – DISSOLUTION
Article 6 – PAYMENT
Article 7 – DELIVERY
Article 8 – WARRANTY
Article 9 – COMPLAINTS AND DISPUTES
Article 1 - DEFINITIONS
The following terms have the following meaning in these terms and conditions:
Entrepreneur- the natural or legal person acting in the context of his trade, business, craft or profession, with the following identity:
FleeKingZ, Wellness and Prevention
Postal address: Coba Kellingstraat 50, 7558 ZA, Hengelo
Phone number: +31628930491
Chamber of Commerce number: 81603266
VAT number: NL003588115B84
Consumer– the buyer who is acting for purposes outside his trade or profession.
Parties– the entrepreneur and the consumer.
offer– the products, services, or digital content or service that the entrepreneur offers for sale to the consumer.
Purchase- the product, service, or digital content or digital service that is purchased by the consumer of the entrepreneur through the purchase agreement. Cooling-off period – the period within which the consumer has the right of withdrawal.
Day– calendar day.
Right of withdrawal- the right for the consumer to cancel the purchase within the cooling-off period.
Purchase agreement- the conclusion of an agreement whereby the entrepreneur undertakes to give an item and the consumer undertakes to pay a purchase price for this item.
Buy remotely- a purchase agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance sales or services without the simultaneous personal presence of the entrepreneur and the consumer and where only one or more means of distance communication is used .
Article 2 - APPLICABILITY
- These general terms and conditions apply to all distance purchase agreements concluded between the entrepreneur and the consumer.
- Before concluding the purchase agreement, the general terms and conditions are made available to the consumer in such a way that they can be stored by the consumer.
- If additional or deviating terms and conditions apply to the purchase agreement, these will be provided to the consumer in the same way.
- In the event of conflicting additional or deviating terms and conditions, the terms and conditions most favorable to the consumer will apply.
Article 3 - PURCHASE AGREEMENT
- The distance purchase contract is concluded through an offer from the entrepreneur and acceptance of this offer by the consumer.
- The offer is fully and truthfully described by the entrepreneur, including the associated conditions.
- The entrepreneur informs the consumer of his rights and obligations associated with acceptance of the offer.
- The entrepreneur states clearly and legibly with the offer, and at the latest at the beginning of the ordering process, whether there are any restrictions on delivery and which payment methods are accepted.
- When concluding the agreement, the entrepreneur provides the consumer with the following information in a clear and comprehensible manner:
- the identity, postal and visiting address, telephone number and e-mail address of the entrepreneur;
- the main features of the purchase;
- the price of the purchase including all taxes and any delivery charges;
- the method of payment, delivery and execution, and the associated terms and any costs;
- the complaint-handling policy of the entrepreneur;
- if the consumer has a right of withdrawal, the conditions, term and modalities for exercising that right, insofar as applicable the manner of return of the purchase, and insofar as applicable the reimbursement of costs, as well as the model form for dissolution;
- if the consumer has no right of withdrawal, the information that the consumer has no right of withdrawal or, to the extent applicable, the circumstances in which the consumer waives his right of withdrawal
- a reminder of the existence of the legal guarantee that the purchase must comply with the contract, and any assistance to the consumer after purchase;
- to the extent applicable, the duration and termination conditions of the agreement
- to the extent applicable, the existence of and the conditions for financial guarantees that the consumer must provide at the request of the entrepreneur.
- If the agreement has arisen at a public auction, the provision of the information of the information referred to in paragraph 5 under a is met by providing the corresponding information from the auctioneer.
Article 4 - RIGHT OF WITHDRAWAL
- The consumer has 14 days from the conclusion of the agreement to withdraw from the agreement without stating reasons.
- The reflection period starts on the day after the consumer has received the product.
- If the purchase consists of several products, the reflection period starts on the day after the consumer has received the last product.
- If the product is delivered in multiple shipments, the reflection period starts on the day after the consumer has received the last shipment.
- The above remains unaffected if the product is received by a third party designated by the consumer.
- If there is an agreement for the supply of water, gas or electricity that has not been made ready for sale in a limited volume or in a specific quantity, or for district heating, the reflection period starts on the day after the agreement is concluded.
- For withdrawal, the consumer can use the withdrawal form provided by the entrepreneur, or another unambiguous statement to the entrepreneur.
- If the requirements set out in Article 3, paragraph 5, under f are not met, the reflection period referred to in paragraph 1 of this article will be extended by the time that has elapsed from the time when the reflection period commenced until the moment at which all missing data have still been provided to the consumer in the prescribed manner, with a maximum extension of 12 months.
- The right of withdrawal does not apply in the following cases, provided that the entrepreneur has clearly stated to the consumer prior to concluding the agreement that the right of withdrawal is excluded
- agreements whose purchase price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the termination period;
- agreements concluded at a public auction;
- agreements in which the consumer has specifically requested the entrepreneur to visit him to carry out urgent repairs or maintenance, unless:
- it concerns additional services that the consumer has not expressly requested;
- it concerns the delivery of items other than those necessary to carry out the maintenance or repair;
- contracts for the supply of products that are manufactured on the basis of the consumer’s choice, or are clearly intended for the specific consumer;
- agreements for the supply of products that spoil quickly or have a limited shelf life;
- agreements for the delivery of products that cannot be returned for the protection of health or hygiene and of which the seal has been broken after delivery;
- agreements for the delivery of products that are irrevocably mixed with other items after delivery by their nature;
- agreements for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the agreement, but of which:
- delivery can only take place after 30 days, and;
- the actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- agreements for the delivery of audio recordings, video recordings and computer software, the seal of which has been broken after delivery;
- agreements for the supply of newspapers, periodicals or magazines, with the exception of an agreement for regular delivery of such publications.
For more information, please refer to the Returns and Refunds Policy.
Article 5 - DISSOLUTION
- If the consumer has the right of withdrawal, makes use of this right within the reflection period, and has informed the entrepreneur about this by means of the model form for dissolution provided by the entrepreneur, or another unambiguous statement to that effect, the agreement between the parties will be dissolved.
- By dissolution of the purchase agreement, all additional agreements are also dissolved by operation of law.
- After dissolution, the entrepreneur shall immediately, but within 14 days of receipt of the provisions referred to in paragraph 1 of this article, reimburse all payments received from the consumer, including the delivery costs in proportion to the part of the agreement that is dissolved, in the same payment method as has been used by the consumer to pay for the purchase, unless the consumer has expressly agreed to another free payment method.
- If, when concluding the agreement, the consumer has opted for a different delivery than the cheapest delivery chosen by the entrepreneur, the entrepreneur is not obliged to reimburse the additional costs for this method of delivery.
- If the purchase has already been delivered or has been sent for delivery, the consumer will immediately return the purchase after dissolution, but within 14 days after the notification referred to in paragraph 1 of this article, or hand it over to the entrepreneur or a person designated by the entrepreneur, unless due to the nature of the purchase it must be picked up by the entrepreneur.
- Unless it has been agreed that the entrepreneur will collect the purchase, the consumer can only claim compliance with the refund referred to in the previous paragraph when the entrepreneur has received the purchase or provides the consumer with proof of return of the purchase to the entrepreneur.
- The costs for returning the purchase are for the account of the consumer, unless the entrepreneur has failed to inform the consumer that these costs are for his account.
- The consumer is only liable for depreciation of the purchase if he has used the purchase more or differently than necessary to determine the nature, characteristics and functioning of the purchase. The consumer is not liable for depreciation if the entrepreneur has not provided the information in accordance with Article 3, paragraph 5 under f.
- If the consumer withdraws from the agreement after he has expressly requested the execution of the agreement for the supply of water, gas or electricity that have not been prepared for sale in a limited volume or in a specific quantity, or for district heating, the consumer is owes the entrepreneur an amount that is proportional to that part of the commitment that was fulfilled by the entrepreneur at the time of exercising the right of withdrawal. The proportional amount that the consumer must pay to the entrepreneur is calculated on the basis of the total price as laid down in the agreement, insofar as the total price is not excessive. If the total price is excessive, the prorated amount will be calculated based on the market value of the part of the contract that has been executed.
- The consumer shall not bear any costs for the supply of water, gas or electricity, which have not been prepared for sale in a limited volume or in a certain quantity, or for district heating, which have been provided in whole or in part during the withdrawal period, if:
- the entrepreneur has failed to provide the information in accordance with Article 3, paragraph 5, under f or g, or;
- the consumer has not expressly requested the aforementioned delivery during the cancellation period.
- The consumer is not liable and does not owe any costs by exercising his right of withdrawal, without prejudice to the provisions of paragraph 8, as well as Article 5, paragraph 4.
Article 6 - PAYMENT
- When entering into the agreement, the entrepreneur is authorized to require a deposit from the consumer of a maximum of 50% of the purchase price.
- Until the deposit has been paid by the consumer, the consumer cannot assert any rights with regard to the execution of the agreement.
- The part of the payment that takes place afterwards must be paid by the consumer within 14 days after the start of the cooling-off period, or if no cooling-off period applies, after the conclusion of the agreement.
- If the consumer does not comply with his payment obligation or does not comply in time, whereby the payment terms apply as strict deadlines, the consumer is in default by operation of law. In the event that the consumer still does not pay after another 14 days to complete the payment, the consumer owes statutory interest on the outstanding amount and the entrepreneur can charge the extrajudicial collection costs incurred by him. bring.
- The entrepreneur can only deviate from the legally determined amount of the statutory interest and collection costs on the outstanding payment in favor of the consumer.
Article 7 - DELIVERY
- The entrepreneur ensures that the purchase is delivered in a careful manner, at the location that the consumer has indicated as the delivery address.
- The risk associated with delivery rests with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise.
- The consumer must ensure that the delivery can take place on time.
- Delivery takes place without delay, but within 30 days after the conclusion of the agreement, unless a different delivery time has been agreed and/or stated in the offer.
- If the agreed delivery time is exceeded, the consumer is authorized to dissolve the agreement without costs.
- In the event that there is dissolution in accordance with the preceding paragraph, and the purchase price has already been paid in full or in part by the consumer, the entrepreneur will immediately refund the amount paid.
Article 8 - WARRANTY
- The entrepreneur ensures that every purchase meets the specifications of the offer, and the reasonable requirements for normal use.
- Any seller’s or manufacturer’s warranty that is provided by the entrepreneur to the consumer does not affect the scope of the legal warranty.
- The above guarantees do not apply in the event of normal wear and tear or damage caused by culpable incompetent use, or negligence in the maintenance of the purchase by the consumer.
Article 9 - COMPLAINTS AND DISPUTES
- Dutch law applies to every agreement between the parties.
- The entrepreneur has a complaint handling procedure that is accessible to the consumer.
- If the consumer has a complaint, this complaint must be made known to the entrepreneur immediately and clearly.
- The entrepreneur responds to complaints within 14 days.
- In the event of an irresolvable complaint, it can also be submitted to the competent court.