General terms
INDES
ARTICLE 1 - IDENTITY OF THE COMPANY
CD Luxury Company
- the professional association or organization with which it is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules are accessible.
- Email address: info@cycasdor.com
- Chamber of Commerce number: 92818374
- VAT identification number: NL866183206B01
- If the entrepreneur's activity is subject to a relevant licensing system: the information about the supervisory authority.
ARTICLE 2 - APPLICABILITY
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer. The fact is that you don't have to worry.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored in a simply on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer, whether or not by electronic means.
- 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 the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
ARTICLE 3 - THE OFFER
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the consumer which rights and obligations are attached to accepting the offer.
ARTICLE 4 - THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement is concluded the moment the consumer accepts the offer and meets the associated conditions.
- 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 dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can inform himself - within the law - whether the consumer can meet his payment obligations, as well as 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 or to attach special conditions to the execution.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the price including all taxes of the product, service or digital content; if applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 5 - RIGHT OF WITHDRAWAL
For products:
- The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 30 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state the reason(s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not provided on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state the reason(s).
- The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal.
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information. The fact is that you don't have to worry.
ARTICLE 6 - OBLIGATIONS OF THE CONSUMER DURING THE CHANGEOVER TIME
- 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 determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
ARTICLE 7 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THEIR COSTS
If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another ambiguous manner.
As soon as possible, but within 30 days from the day following the valuable notification referred to in paragraph 1, the consumer shall return the product or hand it over to (a designated person of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the cooling-off period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the insufficient and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur has to bear the costs himself, the consumer does not have to bear the costs for return.
the entrepreneur has not provided the consumer with the mandatory information about the right of withdrawal, the cost reimbursement or the model form for withdrawal, or;
The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
prior to delivery has not explicitly agreed to compliance with the agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal at the fundamental level of his consent; by
the entrepreneur has not confirmed this statement by the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
ARTICLE 8 - OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL
If the entrepreneur offers the consumer the opportunity to revoke electronically, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
ARTICLE 9 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
the performance has started with the express prior consent of the consumer
ARTIKEL 10 - THE PRICE
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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
ARTICLE 11 - COMPLIANCE WITH THE AGREEMENT AND EXTRA WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement. . . If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has not fulfilled his part of the agreement.
An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer whereby he grants the consumer certain rights or claims that go beyond what is legally required if he has not fulfilled his part of the agreement.
ARTICLE 12 - DELIVERY AND EXECUTION
The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 and is entitled to any compensation
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 13 - DURATIONAL TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION
Cancelation:
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of a maximum of one month.
The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of at least one month. at most.
The consumer can terminate the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a certain time or in a certain period;
cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has agreed for himself.
An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, weekly newspapers and magazines can be tacitly extended for a fixed period of no more than three months, if the consumer who enters into an extended agreement may cancel the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period 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 no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited-term agreement for the regular publication of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration. The fact is that you don’t have to worry
ARTICLE 14 - PAYMENT
Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period or, in the absence of a reflection period, within 14 days after concluding the agreement. In the case of a service agreement, this period starts on the day after the consumer has received confirmation of the agreement
When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) on time, this is after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligation. If payment is not made within this period of 14 days, statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.
ARTICLE 15 - COMPLAINTS
The entrepreneur has a well-publicized complaint and handles complaints according to this procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within a period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 16 - DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law
ARTICLE 17 - ADDITIONAL OR OTHER PROVISIONS
Additional or deviating provisions 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.
Appendix I: Model withdrawal form
To: CD Luxury company
HULSWITWEG 47 2031 BG HAARLEM THE NETHERLANDS
[entrepreneur’s fax number, if available]
[e-mail address or electronic address of entrepreneur]
I / We * share / share * hereby inform you that I / we * regarding our agreement concerns the sale of the following products:
the supply of the following digital content: [designation of digital content] * the provision of the following service: [description of the service] *, revoked / revoked *
Ordered on * / received on * [order date for services or receipt for products]
[Name of consumer(s)]
[Consumer(s) address]
[Signature of consumer(s)] (only when this form is submitted on paper)
* Delete what is not applicable or fill in what is applicable.