Terms & Conditions

Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and implementation
Article 12 - Extended duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different terms

 

Article 1 - Definitions
In these conditions apply:
  1. Grace period: The period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
  3. Day: calendar date;
  4. Transaction Duration: a distance contract concerning a series of products and / or services, the supply and / or purchase is spread over time;
  5. Long-term data carrier: any means that the consumer or business that enables information to him personally is directed to store in a way that facilitates future consultation and unaltered reproduction of the information stored.
  6. Right of withdrawal: the ability for consumers to renounce the purchase within the waiting period of the contract;
  7. Standard form: the model withdrawal form which the entrepreneur makes available to the consumer, if he wants to use his right of withdrawal.
  8. Entrepreneur: the natural or legal entity who offers products and / or services to consumers from a distance;
  9. Distance contract means an agreement in the context of a distance selling organized system for selling of products and / or services, until the conclusion of the agreement, for exclusive use of one or more means of remote communication;
  10. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.
  11. General Conditions: The present General Conditions of the employer

 

Article 2 - Identity of the operator
Operator: Hylke Hogewind
Website: Orchid-Idea.com
Address: Regulusstraat 1
9801WX  Zuidhorn
(NL)
Phone: +31(0)630781687
Email address: hogewindhylke@gmail.com
Commercial Register: 59547502
VAT identification number:

 

Article 3 - Applicability
  1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts 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 closed, indicate that to see the terms at the trader's premises and that they be sent free of charge as soon as possible at the request of the consumer.
  3. 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 will be made available to the consumer in such a way that by the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is closed, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that besides these general conditions also specific product or service conditions apply, it's second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him most beneficial.
  5. If one or more provisions of these terms are at any time wholly or partially invalid or destroyed, the agreement and these conditions will remain in position and the relevant provision will be immediately replaced by a provision that resembles the original provision as close as possible.
  6. Situations that are not covered by these general conditions should 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 interpreted 'in the spirit' of these general conditions.

 

Article 4 - The offer
  1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-committal. The entrepreneur is entitled to change the offer and adapt.
  3. The offer includes a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are not binding.
  4. All images, data specifications in the offer are indicative and may not lead to damages or rescission of the contract.
  5. Images for products are a true representation of the products offered. Entrepreneur can not guarantee that the displayed colors correspond exactly to the real color of the products.
  6. Every offer will contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • the possible cost of delivery;
    • how the agreement will be achieved and what actions they require;
    • to apply whether or not 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 size of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
    • if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
    • the way the consumer to conclude the agreement can check the information provided by him under the contract and recover if desired;
    • any other languages, including English, the contract may be entered;
    • the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically;
    • the minimum duration of the distance contract in the event of an extended transaction.

 

Article 5 - The agreement
  1. The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance of the offer by the consumer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
  3. 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.
  4. The entrepreneur can - within the law - inform if the consumer can meet its payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to bind its implementation to special conditions to an order or request.
  5. The entrepreneur will send accompanied to the product or service to the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:
    1. the address of the establishment of the business location where consumers can lodge complaints;
    2. the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information about guarantees and after sales service;
    4. the data included in article 4 paragraph 3 of these conditions, unless the operator this information already provided to the consumer before the execution of the agreement;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the event of an extended transaction is 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.

 

Article 6 - Right
When delivering products:
  1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the designated day of receipt of the product by the consumer or in advance by the consumer and the entrepreneur announced representative.
  2. During this period the consumer will carefully treat the product and packaging. He will unpack or use the product only to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, according the trader provided reasonable and clear instructions
  3. If the consumer wishes to exercise his right of withdrawal, he is required to declare this to the entrepreneur within 14 days after receipt of the product. The consumer needs to inform the entrepreneur using the withdrawal form. After the consumer has expressed its wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods are returned on time, for example through a proof of shipment.
  4. If the customer had not informed the entrepreneur to make use of his right of withdrawal, or has not returned the product to the entrepreneur within the end of the deadlines mentioned in the above paragraph 2 and 3, the purchase is a fact.
When providing services:
  1. When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days starting on the day of entering into the contract.
  2. In order to exercise his right of withdrawal, the consumer will conform to the traders provided reasonable and clear instructions supplied to him at the moment of purchase and / or at the latest on delivery.

 

Article 7 - Costs in case of withdrawal
  1. If the consumer exercises his right of withdrawal, the cost will not exceed the cost of return shipping cost.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the cancellation. The condition that the product has been received by the entrepreneur, or conclusive evidence of complete return can be shown.

 

Article 8 - Exclusion of right
  1. The operator may exclude the right of withdrawal of consumers for products as specified in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly mentions this in the offer, at least in time for the conclusion of the agreement.
  2. The exclusion of the right of withdrawal is only possible for products:
    1. that have been created by the trader in accordance with specifications of the consumer;
    2. that are clearly personal in nature;
    3. that can not be returned due to their nature;
    4. that spoil or become obsolete;
    5. whose price depends on fluctuations in the financial market outside the entrepreneur's control;
    6. for individual newspapers and magazines;
    7. for audio and video recordings and computer software that the consumer has broken the seal.
    8. for hygiene products that the consumer has broken the seal.
  3. The exclusion of the right of withdrawal is only possible for services:
    1. on accommodation, transport, catering or leisure to carry on a certain date or during a certain period;
    2. whose supply with the express consent of the consumer before the period has expired;
    3. betting and lotteries.

 

Article 9 - The price
  1. The prices of the products and / or services will not be increased within the period mentioned in the offer, except when subject to price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the entrepreneur can use variable prices for products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control over the variable prices. If variable prices apply to an offer, these variable price conditions will be mentioned 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 from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
    1. these are the result of legislation or regulations; or
    2. the consumer has the right to terminate the agreement as of the date the increase takes effect.
  5. The prices in the supply of products or services include VAT.
  6. All prices are subject to print - errors. For the consequences of print - and typographical errors no liability is accepted. With print - and typographical - errors the entrepreneur is not obliged to deliver the product.

 

Article 10 - Compliance and Warranty
  1. The Entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legislation and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
  2. Warranty given by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may invoke under the contract against the trader.
  3. Any defects or faulty goods should be reported in writing within 14 days after delivery to the operator. Return of the product must be in its original packaging and in new condition.
  4. The guarantee period of the entrepreneur is in line with the manufacturer's warranty period. The entrepreneur, however, is never responsible for the ultimate suitability of the products for each individual usage by the consumer, nor for any advice regarding the use or usage of the products.
  5. The guarantee does not apply if:
    • The consumer has repaired the supplied products itself and / or processed by third parties to repair and / or manipulate;
    • The products supplied are exposed to abnormal conditions or otherwise careless handling or are contrary to the instructions of the entrepreneur and / or on the packaging;
    • The defective in whole or in part, if it is the result of regulations that the government has made or will make regarding 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 applications for the provision of services.
  2. The place of delivery is the address that the consumer supplied to the company.
  3. Subject to what is stated in article 4 of these terms and conditions, the company will implement accepted orders efficiently but not later than within 30 days, unless consumer has agreed to a longer delivery period. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them within 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and be entitled to compensation.
  4. In the event of repudiation under the preceding paragraph, the operator will pay back the amount that consumers paid as soon as possible but no later than 14 days after termination.
  5. If delivery of an ordered product proves impossible, the trader will endeavor to provide an available replacement item. By the delivery will be reported that a replacement item is delivered in a clear and comprehensible manner. For replacement items right of withdrawal cannot be excluded. The cost of return shipment are borne by the entrepreneur.
  6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

 

Article 12 – Duration of transactions: duration, termination and renewal
Termination
  1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
  2. The consumer may contract for a definite period, which extends to the regular delivery of products (including electricity) or services terminate at any time at the end of the fixed term, subject to the applicable termination rules and a notice of up to one month.
  3. Consumers can the agreements mentioned in the previous paragraphs:
    • cancel at any time and not be limited to termination at a particular time or in a given period;
    • at least cancel the same way as they are concluded;
    • cancel at the same notice as the company has negotiated for itself.
Extension
  1. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
  2. Contrary to the previous paragraph, a contract is concluded for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines be tacitly renewed for a fixed period of up to three months, as consumers this extended agreement by the end of the extension may terminate with notice not exceeding one month.
  3. A contract for a definite period, which extends to the regular delivery of products or services may only be tacit indefinitely extended if the consumer may at any time terminate with a notice of up to one month and a notice not exceeding three months extends to the regular case in the agreement, but less than once a month, delivering daily, news and weekly newspapers and magazines.
  4. An agreement with limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) will be terminated automatically and not tacitly continued after the trial or introductory.
Time
  1. If a contract has a duration of more than one year, the consumer may withdraw at any time terminate after a year with a notice of up to one month, unless the reasonableness and fairness against termination before the end of the agreed term move.

 

Article 13 - Payment
  1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 7 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, catches shall run until the consumer has received the confirmation of the contract.
  2. The consumer has the duty to report immediately to the trader in case of inaccuracies in data supplied or specified in payments.
  3. In the event of default by the consumer, the operator subject to statutory limitations, the right to charge reasonable costs to the consumer.

 

Article 14 - Complaints
  1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
  2. Complaints about the performance of the contract must be submitted completely and clearly described within seven days to the entrepreneur, after the consumer has discovered the defects.
  3. When the trader complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then answered by the operator within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute is created that is subject to dispute.
  5. Complaints that cannot be solved by mutual agreement, the consumer in the Netherlands should turn to Foundation Webwinkelkeur (www.webwinkelkeur.nl), it will mediate for free. If there is not yet a solution to be reached, the consumer has the possibility to deal with his complaint by Stichting Dispute Online, the award of this is binding and both entrepreneurs and consumers agree with this binding judgment. The submission of a dispute to the arbitration board are costs which must be paid by the consumer to the relevant committee.
  6. A complaint does not suspend the obligations of the employer, unless the operator specifies otherwise in writing.
  7. If a complaint is upheld by the entrepreneur, the entrepreneur at its option will replace or repair the products free of charge.

 

Article 15 - Disputes
  1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law. Even if the consumer is resident abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 16 - 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 may be in such a way that the consumer in an accessible manner stored on a durable medium.

 

Orchid-Idea.com
Phone: +31(0)630781687
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