GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of revocation
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and a distance contract with the entrepreneur;
Day: calendar day;
Transaction duration: a distance contract relating to a series of products and/or services, whose supply and/or purchase is spread over time;
Durable medium: any means that enables the consumer or trader to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
The technique for distance communication: means that it can be used for the conclusion of an agreement, without the consumer and trader being in the same place at the same time.
Article 2 – Identity of the entrepreneur
Name of entrepreneur: Sir Edward.com
Acting under the name(s): Sir-Edward.com
Business address:
Amstelveenseweg 755h
1081JG Amsterdam
The Netherlands
Phone number: +31 (0) 85 130 82 85
Accessibility:
Monday to Friday from 8.30 a.m. to 5.30 p.m.
E-mail address: [email protected]
CoC number: 85997412
VAT number: NL863825072B01
Article 3 – Applicability
These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the trader’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general conditions will be made electronically available to the consumer be made available in such a way that the consumer can store it in a simple way can be stored 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 consumer’s request, electronically or otherwise.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are true representations of the products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
In particular, this concerns the following:
a. the price including taxes;
b. any costs of delivery;
c. the way in which the agreement will be concluded and what actions are required for this;
d. whether or not the right of withdrawal applies;
e. the method of payment, delivery, and execution of the agreement;
f. the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
g. the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
h. whether the agreement will be archived after it has been concluded, and if so in what way it can be consulted by the consumer;
i. the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
j. any other languages in which, in addition to English, in which the agreement can be concluded;
k. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
l. and the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The contract
The agreement, subject to the provisions of Paragraph 4, is concluded at the time of the consumer’s acceptance of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can within the law inform himself whether the consumer can fulfill 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 research, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can easily access it from a durable medium:
a. the visiting address of the establishment of the entrepreneur where the consumer with complaints can go;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the information contained in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information prior to the execution of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
On delivery of products:
When purchasing products, the consumer has the option of dissolving the contract, without giving reasons, for a period of 14 days. This reflection period starts on the day after receipt of the product by the consumer or previously designated by the consumer and announced to the trade representative.
During the cooling-off period, the consumer will handle the product and its 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 delivered accessories 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.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader within 14 days after receipt of the product. After the consumer has made known 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 delivered goods were returned on time, for example, by means of a proof of dispatch.
If the customer does not wish to exercise his right of withdrawal or has not returned the product to the Entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
Model withdrawal form
In the case of the provision of services:
When services are supplied, the consumer has the option of dissolving the contract, without giving reasons, for a period of at least 14 days, commencing on the day on which the contract was concluded.
In order to make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.
Consequences of the revocation
If you withdraw from the contract, all payments made by you up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), will be refunded by us immediately and in any case no later than 14 days after we have been informed of your decision to withdraw from the contract. We will reimburse you using the same means of payment as you used to carry out the original transaction unless you have expressly agreed otherwise; in any event, you will not be charged for such reimbursement. We may wait for a refund until we have received the goods back, or you have demonstrated that you have returned the goods, whichever is the earliest. You shall only be liable for any depreciation of the goods resulting from the use of the goods beyond what is necessary to determine the nature, characteristics, and functioning of the goods.
Article 7 – Costs in case of revocation
If the consumer makes use of his right of withdrawal, he will be liable for a maximum of the costs of returning the goods. The direct costs of returning the goods shall be borne by you.
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 return or revocation.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal as far as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in time for the conclusion of the contract.
Excluded from the right of withdrawal are consumer purchases that relate to the following goods:
a. products manufactured to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
b. products which spoil rapidly or which have a limited shelf-life;
c. products which, after delivery, have been irrevocably mixed with other goods by their nature;
d. products whose price is subject to fluctuations in the financial market over which the trader has no influence.
Article 9 – 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.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no control, at variable prices. These fluctuations and the fact that any prices mentioned are target prices, are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 – Compliance and Warranty
The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Article 11 – Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and in the execution of orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order is not or is only partially carried out, the consumer will be informed no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible but no later than 30 days after dissolution.
If the delivery of an ordered product turns out to be impossible, the trader will make every effort to make a replacement article available. At the latest at the time of delivery, it will be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping will be borne by the entrepreneur.
Unless otherwise expressly agreed upon, the risk of damage and/or loss of products rests with the operator or a previously designated and announced representative of the operator up to the time of delivery.
Article 12 – Duration transactions: duration, termination, and extension
Termination
The consumer may at any time terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer has a right at all times to terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.The consumer may conclude the contracts referred to in the previous paragraphs:
a. at all times and not be limited to termination at a certain time or in a certain period;
b. at least terminate in the same way as they were entered into by him;
c. always terminate with the same period of notice as the entrepreneur has stipulated for himself.
Extension
A fixed-term contract, which extends to the regular delivery of products or services, may not be tacitly extended or renewed for a fixed period.
A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer has at all times the right to terminate, subject to a period of notice that does not exceed one month.
Duration
If a contract has a duration of more than one year, after one year, the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness resist the termination before the end of the agreed period.
Article 13 – Payment
As far as not otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, as referred to in Article 6 paragraph 1. In case of a contract to provide a service, this period commences after the consumer has received the confirmation of the contract.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
The consumer has the duty to report any inaccuracies in the payment details provided or stated to the trader without delay.
In the event of non-payment on the part of the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader within a reasonable period of time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within a period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
We recommend that you first notify us of any complaints by emailing us at [email protected]. From 15 February 2016, it will also be possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found on https://ec.europa.eu/odr. If your complaint is not yet being dealt with elsewhere, you are free to file your complaint via the platform of the European Union.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 – Additional or different provisions
Additional provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable data carrier.
