TERMS & CONDITIONS OF WEBSHOP DUTCH ROOF DESIGN
In these conditions the following definitions apply:
Offer: one or more invitations for the consumer to place an order with Dutch Roof Design BV with regard to the delivery of products;
Reflection period: the period within which the consumer can exercise his right of cancellation; Day: calendar day;
Durable 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 unchanged reproduction of the stored information;
Right of termination: the option for the consumer to cancel the distance contract within the cooling-off period; Entrepreneur: Dutch Roof Design B.V., trading under the name and hereinafter referred to as: ‘Dutch Roof Design B.V.; Consumer: any natural person who acts for purposes that fall outside his business or professional activity;
Distance agreement: an agreement whereby, in the context of a contract established by Dutch Roof Design B.V. organized system 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;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Article 1 – Identity of Dutch Roof Design B.V.
Dutch Roof Design BV, registered in Beemster, with offices in (1473 PP) Warder at IJsselmeerdijk 9; Available by telephone at +31 (0) 299-633853; E-mail address: info@dutchroofdesign.com; Chamber of Commerce number: 80209580; VAT identification number: 8615.893.36B01.
Article 2 – Applicability
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These general terms and conditions apply to all offers from Dutch Roof Design B.V. and on every distance contract concluded between the entrepreneur and the consumer.
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Before the distance contract is concluded, 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 of Dutch Roof Design B.V. can be viewed and they will be sent free of charge as soon as possible at the request of the consumer.
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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 read by the consumer. consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, Dutch Roof Design B.V. it is indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
Article 3 – Offers
- If an offer has a limited period of validity and/or is made under conditions other than those stated in these general terms and conditions, this will be expressly stated in the offer.
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The offer contains a description of the main characteristics of the products and/or services offered. Images shown may differ from the products and/or services offered. Obvious mistakes or errors in the offer bind Dutch Roof Design B.V. not.
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Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of his order. This concerns in particular:
- the price including taxes;
- the costs of delivery;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of termination applies;
- the method of payment, delivery and executions of the agreement;
- the term for acceptance of the offer.
Article 4 – The agreement
- In accordance with your legal rights, Dutch Roof Design B.V. that it offers reliable products that comply with the concluded agreement, that are of adequate quality and have the properties that one can reasonably expect from the products.
- All offers from Dutch Roof Design B.V. are without obligation. An offer from Dutch Roof Design B.V. is an invitation to the consumer to place an order with Dutch Roof Design B.V. to place an order, which must be interpreted as an offer from the consumer to conclude an agreement.
- If the consumer has ordered a product or service electronically, Dutch Roof Design B.V. confirms. the receipt of the order electronically. Dutch Roof Design B.V. is entitled at any time to refuse an order or request without giving reason.
- The agreement is concluded after acceptance by Dutch Roof Design B.V. of the consumer’s order. As long as acceptance of this order has not been confirmed, no agreement has been concluded.
- Dutch Roof Design B.V. can – within legal frameworks – inform itself 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 Dutch Roof Design B.V. based on this investigation has good reasons not to enter into the agreement, it is entitled to attach special conditions to the execution or not to conclude the agreement.
- Dutch Roof Design B.V. 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 data carrier: the Chamber of Commerce number, VAT number, contact details and visiting address of the branch of Dutch Roof Design B.V. where consumers can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;
- the information about existing after-sales service and warranties.
Article 5 – Right of dissolution
When delivering products:
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When purchasing products, the consumer has the option to terminate the agreement without giving reasons within fourteen days. This reflection period commences on the day after receipt of the product by the consumer or a person designated in advance by the consumer and communicated to Dutch Roof Design B.V. named representative. The consumer can exercise his right of cancellation by means of an unambiguous statement to that effect to Dutch Roof Design B.V..
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During the reflection period, the consumer will handle the product and 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 cancellation, he will return the product with all accessories supplied and in the original condition and packaging to Dutch Roof Design B.V. return, in accordance with the guidelines set by Dutch Roof Design B.V. instructions provided.
When providing services:
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When providing services, the consumer has the option to terminate the agreement without giving reasons for a period of fourteen days, starting on the day of entering into the agreement.
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To exercise his right of cancellation, the consumer will refer to the information provided by Dutch Roof Design B.V. instructions provided in the offer and/or at the latest upon delivery.
Article 6 – Costs in case of dissolution
- If the consumer exercises his right of cancellation, the costs of return will be borne by him.
- If the consumer has paid an amount, Dutch Roof Design B.V. Refund this amount including shipping costs as soon as possible, but no later than within 14 days of the return. This period starts after the product has been returned, or after the consumer has demonstrated that he has shipped the product.
Article 7 – Exclusion of right of termination
- Dutch Roof Design B.V. excludes the right of withdrawal for products:
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- provided by Dutch Roof Design B.V. have been created in accordance with consumer specifications
- that are clearly personal in nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly
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Dutch Roof Design B.V. excludes the right of cancellation for services whose delivery has started with the consumer’s express consent before the cooling-off period has expired.
Article 8 – 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, Dutch Roof Design B.V. products or services whose prices are subject to fluctuations in the financial market and where Dutch Roof Design B.V. has no influence on, offering variable prices. 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 permitted if Dutch Roof Design B.V.
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- has stipulated this and:
- the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
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- The prices stated in the offer of products or services are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless stated otherwise.
- Payment can be made in (one of) the method(s) indicated during the ordering process. When paying by bank or giro, the date of payment is the date of crediting the bank account of Dutch Roof Design B.V.
- If the payment term is exceeded, the consumer will be in default from the day on which payment should have been made and from that day onwards the consumer will owe default interest of 1.5% per month or part thereof on the outstanding amount, without prejudice to the right of Dutch Roof Design B.V. on performance, dissolution and compensation.
- If the claim is outsourced for collection, the consumer owes the collection costs, which are at least 15% of the outstanding amount, without prejudice to the right of Dutch Roof Design B.V. to claim the extrajudicial costs actually incurred.
- If the consumer is in default of any payment, Dutch Roof Design B.V. entitled to suspend the execution of the agreement, to dissolve the agreement or to demand fulfilment of the agreement and/or compensation.
Article 9 – Delivery and execution
- The place of delivery is the address provided by the consumer to Dutch Roof Design B.V. has made known.
- Taking into account what is stated in Article 4 of these general terms and conditions, Dutch Roof Design B.V. Accepted orders will be executed within 30 days unless a longer 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. Exceeding the delivery time does not give any right to compensation.
- If delivery of an ordered product proves to be impossible, Dutch Roof Design B.V. make every effort to make a replacement item available. You will be notified no later than upon delivery that a replacement item will be delivered.
Article 10 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period. In the case of an agreement to provide a service, this shall period after the consumer has received confirmation of the agreement.
- If an 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 Dutch Roof Design B.V. to report.
Article 11 – Retention of title
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Ownership of the delivered products will only be transferred if the consumer has paid everything he or she has agreed to with Dutch Roof Design B.V. concluded agreement to Dutch Roof Design B.V. owed has been paid.
Article 12 – Disputes
- On agreements between Dutch Roof Design B.V. and the consumer to whom these general terms and conditions apply, only Dutch law applies.
- Disputes between the consumer and Dutch Roof Design B.V. regarding the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur, will be submitted exclusively to the competent court in Amsterdam.