The small letters
Index:
Article 1 - Definitions
Article 2 - Identity
of the entrepreneur
Article 3 -
Applicability
Article 4 - The offer
Article 5 - The
agreement
Article 6 - Right of
withdrawal
Article 7 - Costs in
case of withdrawal
Article 8 - Exclusion
of the right of withdrawal
Article 9 - The price
Article 10 -
Conformity and warranty
Article 11 - Delivery
and implementation
Article 12 - Duration
transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 -
Complaints
Article 15 - Disputes
Article 16 - Additional
or different provisions
Article
1 - Definitions
The
following definitions apply in these terms and conditions:
1. Withdrawal period: the period within
which the consumer can make use of his right of withdrawal;
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. Day: calendar day;
4. Duration transaction: a distance
agreement with regard to a series of products and / or services, the delivery and
/ or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means
that enables the consumer or entrepreneur to store information that is
addressed to him personally in a way that enables future consultation and
unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility
for the consumer to cancel the distance agreement within the cooling-off
period;
7. Model form: the model form for
withdrawal that the entrepreneur makes available that a consumer can fill in
when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal
person who offers products and / or services to consumers at a distance;
9. Distance agreement: an agreement
whereby, in the context of a system for the distance selling of products and /
or services organized by the entrepreneur, use is made exclusively of one or
more technology until the conclusion of the agreement. techniques for remote
communication;
10. Technology for distance communication:
means that can be used to conclude an agreement, without the consumer and
trader being in the same place at the same time.
11. General Terms and Conditions: the
present General Terms and Conditions of the entrepreneur.
Artikel 2 – Identity of entrepreneur
Company | Bylamar.com, Part of Lamar import-export |
Adress | Ligusterbaan 1, 2908 LW Capelle aan den IJssel |
Tel. nr. | (+31) 634821665, available from 09.00 uur untill 17.00 oclock |
E-mailadress | info@bylamar.com |
Chamber of commerce | 61508225 |
VAT nr | NL221728569B02 |
Article 3 - Applicability
1.
These general terms and conditions apply to every offer from the entrepreneur
and to every distance agreement and orders between entrepreneur and consumer.
2.
Before the distance agreement is concluded, the text of these general
conditions is made available to the consumer. If this is not reasonably
possible, it will be indicated before the distance contract is concluded 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.
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 may be made available to the consumer
electronically in such a way that it is consumer can be stored in a simple way
on a durable data carrier. If this is not reasonably possible, it will be
indicated before the distance 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.
4.
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 best
for him.
5.
If at any time one or more provisions of these general terms and conditions are
wholly or partially invalid or become void, the remainder of the agreement and
these terms and conditions will remain in force and the provision in question
will be replaced without delay by a provision that approached the scope of the
original as much as possible.
6.
Situations that are not regulated in these terms and conditions must be
assessed "in the spirit" of these terms and conditions.
7.
Uncertainties about the interpretation or content of one or more provisions of
our terms and conditions must be explained "in the spirit" of these
terms and conditions.
Article 4 - The offer
1.
If an offer has a limited duration or is subject to conditions, this will be
explicitly stated in the offer.
2.
The offer is without obligation. The entrepreneur is entitled to change and
adjust the offer.
3.
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, these
are a true representation of the products and / or services offered. Obvious
mistakes or errors in the offer do not bind the entrepreneur.
4.
All images, specifications, data in the offer are indicative and cannot give
rise to compensation or termination of the agreement.
5.
Images of products are a true representation of the products offered.
Entrepreneur cannot guarantee that the displayed colors exactly match the real
colors of the products.
6.
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
the
special:
•
the price including taxes;
•
the possible costs of shipment;
•
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 trader
guarantees the price;
•
the level of the rate for distance communication if the costs of using the
technique for distance communication are calculated on a basis other than the
regular basic rate for the means of communication used;
•
whether the agreement will be archived after its conclusion, and if so, how
this can be accessed by the consumer;
•
the way in which the consumer, before concluding the agreement, can check the
information 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 entrepreneur is subject and the way in which
the consumer can consult these codes of conduct electronically; and
•
the minimum duration of the distance agreement in the event of an extended
transaction.
Article 5 - The agreement
1.
The agreement is concluded, subject to the provisions of paragraph 4, at the
moment the consumer accepts the offer and meets the corresponding conditions.
2.
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.
3.
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.
4.
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 distance 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.
5.
The entrepreneur will send the following information to the consumer with the
product or service, 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;
b.
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;
c.
the information about guarantees and existing service after purchase;
d.
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;
e.
the requirements for canceling the agreement if the agreement has a duration of
more than one year or is of indefinite duration.
6.
In the case of an extended transaction, the provision in the previous paragraph
applies only to the first delivery.
7.
Each agreement is entered into under the suspensive conditions of sufficient
availability of the products concerned.
Article 6 - Right of withdrawal
When
delivering products:
1.
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.
2.
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.
3.
If the consumer wishes to make use of his right of withdrawal, he is obliged to
make this known to the entrepreneur within 14 days of receiving the product.
The consumer must make this known via the model form within the profile page.
After the consumer has indicated that he wants to make use of his right of
withdrawal, the customer must return the product within 14 days. The consumer
must prove that the goods delivered were sent back in time, for example by
means of proof of shipment.
4.
If after expiry of the periods referred to in paragraphs 2 and 3, the customer
has not indicated that he wishes to make use of his right of withdrawal or
resp. the product has not been returned to the entrepreneur, the purchase is a
fact.
Upon
delivery of services:
5.
Upon delivery of services, the consumer has the option of dissolving the
agreement without giving any reason for at least 14 days, starting on the day
of entering into the agreement.
6.
To make use of his right of withdrawal, the consumer must comply with the
reasonable and clear instructions provided by the trader with the offer and /
or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1.
If the consumer makes use of his right of withdrawal, the costs of the return
shipment 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 14 days after the withdrawal. This is
subject to the condition that the product has already been received back by the
online retailer or conclusive proof of complete return shipment can be
submitted. Reimbursement will be made via the same payment method used by the
consumer unless the consumer gives explicit permission for a different payment
method.
3.
In the event of damage to the product due to improper handling by the consumer
himself, the consumer is liable for any depreciation of the product.
4.
The consumer cannot be held liable for a depreciation of the product if the
entrepreneur has not provided all legally required information about the right
of withdrawal, this must be done before the conclusion of the purchase
agreement.
Article
8 - Exclusion of the right of withdrawal
1.
The entrepreneur can exclude the consumer's right of withdrawal for products as
described in paragraphs 2 and 3. The exclusion of the right of withdrawal only
applies if the entrepreneur has clearly stated this in the offer, at least in
time for concluding the agreement. .
2.
Exclusion of the right of withdrawal is only possible for products:
a.
that have been established by the entrepreneur in accordance with the
consumer's specifications;
b.
that are clearly personal in nature;
c.
that cannot be returned due to their nature;
d.
that can spoil or age quickly;
e.
whose price depends on fluctuations in the financial market over which the
entrepreneur has no influence;
f.
for individual newspapers and magazines;
g.
for audio and video recordings and computer software of which the consumer has
broken the seal.
h.
for hygienic products of which the consumer has broken the seal.
3.
Exclusion of the right of withdrawal is only possible for services:
concerning
accommodation, transport, restaurant business or leisure activities to be
carried out on a certain date or during a certain period;
b.
whose delivery has begun with the express consent of the consumer before the
cooling-off period has expired;
c.
concerning bets and lotteries.
Article 9 - The price
1.
During the validity period stated in the offer, the prices of the products and
/ or services offered are not increased, except for price changes due to
changes in VAT rates.
2.
Contrary to the previous paragraph, the entrepreneur can offer variable prices
for products or services whose prices are linked 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.
3.
Price increases within 3 months after the conclusion of the agreement are only
permitted if they are the result of statutory regulations or provisions.
4.
Price increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and:
a.
they are the result of statutory regulations or provisions; or
b.
the consumer has the authority to cancel the agreement with effect from the day
on which the price increase takes effect.
5.
The prices stated in the range of products or services are exclusive of VAT.
6.
All prices are subject to printing and typing errors. No liability is accepted
for the consequences of printing and typing errors. In the event of printing
and typing errors, the entrepreneur is not obliged to deliver the product at
the wrong price.
Article 10 - Conformity and Warranty
1.
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 existing on the date of the
conclusion of the agreement legal provisions and / or government regulations.
If agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.
2. 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.
3.
Any defects or incorrectly delivered products must be reported in writing to
the entrepreneur within 4 weeks after delivery. Return of the products must be
in the original packaging and in new condition.
4.
The guarantee period of the entrepreneur corresponds to the factory guarantee
period. However, the entrepreneur is never responsible for the ultimate
suitability of the products for each individual application by the consumer,
nor for any advice regarding the use or application of the products.
5.
The warranty does not apply if:
•
The consumer has repaired and / or modified the delivered products himself or
had them repaired and / or modified by third parties;
•
The delivered products have been exposed to abnormal circumstances or are
otherwise carelessly treated or are contrary to the instructions of the trader
and / or have been treated on the packaging;
•
The defectiveness is wholly or partly the result of regulations that the
government has or will set with regard to the nature or quality of the
materials used.
Article 11 - Delivery and implementation
1.
The trader will take the greatest possible care when receiving and implementing
orders for 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
company.
3.
Taking into account what is stated in this regard in paragraph 4 of this
article, the company will execute accepted orders with due speed but at the
latest within 30 days, unless the consumer has agreed to a longer delivery
period. If the delivery is delayed, or if an order cannot or only partially be
executed, the consumer will be notified of this no later than 30 days after he
has placed the order. In that case the consumer has the right to terminate the
agreement without costs. The consumer is not entitled to compensation.
4.
All delivery times are indicative. The consumer cannot derive any rights from
any specified periods. Exceeding a term does not entitle the consumer to
compensation.
5.
In the event of dissolution in accordance with paragraph 3 of this article, the
entrepreneur will pay back the amount paid by the consumer as soon as possible,
but no later than within 14 days after dissolution.
6.
If delivery of an ordered product appears to be impossible, the entrepreneur
will endeavor to make a replacement item 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 a possible return shipment are for the
account of the entrepreneur.
7.
The risk of damage and / or loss of products rests with the entrepreneur at the
time of delivery to the consumer or a representative designated in advance and
made known to the entrepreneur, unless explicitly agreed otherwise.
Article
12 - Duration transactions: duration, cancellation and extension
Cancellation
1.
The consumer can at all times cancel an agreement that has been entered into
for an indefinite period and that extends to the regular delivery of products
(including electricity) or services with due observance of the agreed
termination rules and a notice period of at most one month .
2.
The consumer can cancel an agreement that has been entered into for a definite period
of time and that extends to the regular delivery of products (including
electricity) or services, at any time before the end of the specified duration
with due observance of the agreed termination rules and a cancellation period
of at most one month.
3.
The consumer can the agreements mentioned in the previous paragraphs:
•
cancel at any time and are not limited to cancellation at a specific time or in
a specific period;
•
cancel at least in the same way as they are entered into by him;
•
always cancel with the same cancellation period as the entrepreneur has
stipulated for himself.
Extension
4.
An agreement that has been entered into for a definite period of time and that
extends to the regular delivery of products (including electricity) or services
may not be tacitly renewed or renewed for a specific duration.
4.
Contrary to the previous paragraph, an agreement that has been entered into for
a definite period of time and that extends to the regular delivery of daily,
weekly and weekly newspapers and magazines may be tacitly renewed for a
specific duration of a maximum of three months if the consumer this extended
agreement can be canceled by the end of the extension with a notice period of
at most one month.
5.
An agreement that has been entered into for a definite period of time and that
extends to the regular delivery of products or services may only be tacitly
extended for an indefinite period if the consumer may cancel at any time with a
notice period of one month at most.
Expensive
6.
If an agreement has a duration of more than one year, the consumer may cancel
the agreement at any time after one year with a cancellation period of at most
one month, unless reasonableness and fairness are opposed to cancellation
before the end of the agreed duration. move.
Article 13 - Payment
1.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7
working days after the commencement of the reflection period as referred to in
article 6 paragraph 1. In the case of an agreement to grant a service, this
period starts after the consumer has received the confirmation of the
agreement.
2. The
consumer has the duty to immediately report inaccuracies in payment data
provided or specified to the entrepreneur.
3.
In the event of non-payment by the consumer, the entrepreneur has the right,
subject to legal restrictions, to charge the consumer reasonable costs that
have been made known to the consumer in advance.
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 be fully and clearly
described and submitted to the entrepreneur within 7 days, after the consumer
has found the defects.
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 foreseeable longer
processing time, the entrepreneur will respond within a period of 14 days with
a message of receipt and an indication when the consumer can expect a more
detailed answer.
4.
If the complaint cannot be resolved in mutual consultation, a dispute arises
that is subject to the dispute settlement procedure.
5.
In the event of complaints, a consumer must first of all turn to the
entrepreneur.
6. A
complaint does not suspend the obligations of the entrepreneur, unless the
entrepreneur indicates otherwise in writing.
7.
If a complaint is found to be justified by the entrepreneur, the entrepreneur
will replace or repair the delivered products or repair them free of charge.
Article 15 - Disputes
1.
Dutch law applies exclusively to agreements between the entrepreneur and the
consumer to which these general terms and conditions apply. Even if the
consumer is living abroad.
2.
The Vienna Sales Convention does not apply.
Article 16 - Additional or different
provisions
Additional
provisions or deviations 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 in an accessible manner on a durable data carrier.