General Terms and Conditions Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Extended transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions In these conditions the following terms have the following meanings: 1. Cooling-off period: Period within which the consumer can make use of his right of withdrawal; 2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur; 3. Day: calendar day ; 4. Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time; 5. Durable medium: any means that the consumer or entrepreneur uses to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information. 6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period; 7. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in if he wants to make use of his right of withdrawal. 8. Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance; 9. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and / or services , up to and including the conclusion of the agreement, only one or more communication techniques are used. at a distance; 10. Technology for distance communication: means that can be used to conclude an agreement, if the consumer and the entrepreneur have come together in the same room at the same time. 11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur Boston Trader , falling under Beacon Hill BV Location 3 2513 AD The Hague 070-3463059 Monday 12:00 to 18:00 Tuesday, Wednesday, Friday and Saturday from 10:00 to 18:00 Thursday from 10:00 to 19:00 Email address: [email protected] Chamber of Commerce number: 27149800 VAT identification number: NL823701906B01
Article 3 - Applicability 1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders between entrepreneur and consumer. 2. 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 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. 3. If the distance contract is concluded electronically, by way of derogation from 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 the consumer can easily store it 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 inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. 4. 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 applies to him in the event of conflicting general terms and conditions. 5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in effect and the relevant provision will be immediately replaced by a provision in mutual consultation. that is as close as possible to the meaning of the original. 6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. 7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 - The offer 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 entrepreneur is entitled to change and adapt the offer. 3. 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 a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur. 4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement. 5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. 6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: 1. the price including taxes; 2. any shipping costs; 3. the manner in which the agreement will be concluded and which actions are required for this; 4. whether or not the right of withdrawal applies; 5. the method of payment, delivery and implementation of the agreement; 6. the period for accepting the offer, or the period within which the entrepreneur guarantees the price; 7. the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; 8. whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the consumer; 10. the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it; 11. any other languages in which, in addition to Dutch, the agreement can be concluded; 12. the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and 13. the minimum duration of the distance contract in the case of an extended transaction.
Article 5 - The agreement 1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. 2. 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 receipt of this acceptance has not been confirmed by the contractor, the consumer can terminate the agreement. 3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. 4. The entrepreneur can - within legal frameworks - inquire 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, stating reasons, or to attach special conditions to the implementation. 5. With the product or service 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 medium: a. the entrepreneur's physical address where the consumer can go with complaints; b. 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; c. information about guarantees and existing after-sales service; d. the information included in
article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a term of more than one year or is indefinite. 6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery. 7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal Upon delivery of products: 1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. 2. 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 withdrawal, he will return the product with all 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. 3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 1 4 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes 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 have been returned on time, for example by means of proof of shipment. 4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact. When providing services: 5. When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement. 6. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
Article 7 - Costs in case of withdrawal 1. If the consumer makes use of his right of withdrawal, the costs of return shall not exceed the cost of the return . 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 withdrawal. The condition is that the product has already been received back by the web retailer or final proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer, unless the consumer explicitly gives permission for a different payment method. 3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product. 4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right of withdrawal 1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement. 2. Exclusion of the right of withdrawal is only possible for products: a. That have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. h. for hygienic products of which the consumer has broken the seal. 3. Exclusion of the right of withdrawal is only possible for services: a. Concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period; b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired; c. concerning bets and lotteries.
Article 9 - The price 1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates. 2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The offer also states that the prices are subject to fluctuations and that the prices stated are only target prices. 3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. 4. Price increases from 3 months and after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect. 5. The prices stated in the products or services offer include VAT. 6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Guarantee 1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and legal provisions and / or government regulations applicable on the date of the conclusion of the agreement. If agreed, the contractor also guarantees that the product is suitable for other than normal use. 2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. 3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Goods must be returned in the original packaging and in new condition. 4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. 5. The warranty does not apply if: The consumer has repaired and / or modified the delivered products himself or has had them repaired and / or modified by third parties ; The delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging; The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation 1. The entrepreneur 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 shares with the company. 3. Taking into account that which is stated about this in paragraph 4 of this
article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified about this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation. 4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation. 5. In case of dissolution in accordance with paragraph 3 of this
article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution. 6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement
article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are for the entrepreneur's account. 7. The risk of damage and / or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension Termination 1. The consumer can at all times cancel an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed provisions, cancellation rules and a notice period of no more than one month. 2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified period, with due observance of the agreed cancellation rules and a notice period of no more than one month. 3. The consumer can cancel the agreements referred to in the previous paragraphs: at any time and will not be limited to termination at a specific time or in a specific period; at least cancel it in the same way as they have been entered into by him; always cancel with the same notice period as the entrepreneur has stipulated for himself. Renewal 4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period. 4. Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can cancel the agreement towards the end of the extension with a notice period of no more than one month. 5. 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 renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 6. An agreement with a limited duration for the regular delivery of dailies, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period. Duration 7. If an agreement has a duration of more than one year, the consumer may cancel 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 agreement. the agreed duration.
Article 13 - Payment 1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in
Article 6 paragraph 1. In case of an agreement to grant a service, this period starts after the consumer has received the confirmation of the agreement. 2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. 3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure 1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months, after the consumer has discovered the defects. 3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer . 4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. 5. In case of complaints, a consumer must first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). 6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. 7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products delivered free of charge at his discretion.
Article 15 - Disputes 1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad. 2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating 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 by the consumer in an accessible manner on a durable data carrier. Model withdrawal form ( only complete and return this form if you wish to withdraw from the contract) To Boston Trader | Location 20 - 2513AE The Hague [email protected] l 0703620279 - I / We (*) share / share (*) hereby inform you that I / we (*) our agreement regarding the sale of the following goods / delivery of the following service (*) revocation / revocation (*): - Ordered on (DD-MM-YYYY): - Order number: - Received on (DD-MM-YYYY): - Name / names of consumer (s) - Address of consumer (s) ): - IBAN Account number: - Signature of consumer (s) (only if this form is submitted on paper) - Date (DD-MM-YYYY): (*) Delete where not applicable.