Article 1 – Definitions Article 2 – Company identity Article 3 – Applicability Article 4 – The offering Article 5 – The Agreement Article 6 – Cancellation right Article 7 – Exercise of the consumer cancellation right and costs thereof Article 8 – Cancellation right exclusions Article 9 – The cost Article 10 – Compliance and additional guarantees Article 11 – Delivery and execution Article 12 – Payment Article 13 – Complaints procedure Article 14 – Disputes Article 15 – Supplementary or different provisions
Article 1 – Definitions
In these conditions, the following definitions apply: 1. Cooling-off period: the period within which the consumer can exercise his right to cancel; 2. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession; 3. Day: calender date; 4. Digital content: data that is produced and supplied in digital form; 5. Durable medium: any tool – including email – that enables the consumer or company to store information that is addressed to him personally in a way that allows future access or use for a period of time that is aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information; 6. Cancellation right: the option for the consumer to rescind the remote agreement within the cooling-off period; 7. Company: the natural or legal person who offers products, (access to) digital content and/or services to consumers remotely; 8. Remote agreement: an agreement between the company and the consumer entered into as part of an organised system for the remote sale of products, digital content and/or services, where up to and including the time of signing the agreement, exclusive or joint use is made of one or more means of remote communication; 9. Method for remote communication: a means that can be used for establishing an agreement, without the consumer and company needing to be together in the same room at the same time. 10. General terms and conditions: The applied general terms and conditions of the company.
Article 2 – Company identity
Wellmark Hinthamerstraat 57A ‘s-Hertogenbosch +31 (0) 621954985. Available Monday to Friday from 08.30 a.m. to 5 p.m. [email protected] Chamber of Commerce number: 81443749 VAT identification number: NL862094616B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the company and to every remote agreement reached between the company and the consumer. 2. Before the remote agreement is entered into, the terms and conditions will be made available to the consumer. If this is not reasonably possible and before the remote agreement is entered into, the company will specify how the terms and conditions can be viewed by the consumer and ensure that they are sent to the consumer free of charge as soon as possible at their request. 3. If the remote agreement is done electronically, then, contrary to the previous section and before the remote agreement is entered into, the terms and conditions can be made electronically available to the consumer, in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the remote agreement is entered into, it will be specified where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge. 4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third sections shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most beneficial to him. 5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision that the purport from the original as closely as possible. 6. Situations that are addressed in these general conditions, are to be judged ‘in the spirit’ of these general conditions. 7. Uncertainties about the explanation or content of one or more provisions of our conditions, need be interpretated ‘in the spirit’ of these general conditions.
Article 4 -The offering
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. 2. The offer is without obligation. The company is entitled to change the offer. 3. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the company uses images, ensure these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the company’s part. 4. All images and specifications in the offer are an indication and cannot lead to compensation of dissolution of the agreement. 5. Images of the products are a faithful representation of the offered products. The company cannot guarantee dat the showed colours will exactly match with the real colours of the products. 6. Each offer will include the information that it is clear to the consumer what the rights and obligations are, that are connected to the acceptance of the offer. This applies to the following in particular:
the price including taxes;
any possible shipment costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of cancellation applies;
the method of payment, delivery and implementation of the agreement;
the terms of acceptance of the offer, as well as the period in which the company guarantees the price;
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 regular basic rate for the means of communication used;
whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and, if necessary, restore it.
any other languages in which, in addition to Dutch, the agreement can be concluded.
the behavioral codes the which the company is subjected and the way in which the consumer can consult these behavioral codes electronically.
the minimal duration of the agreement on a distance in case of a duration transaction.