general terms and conditions

Article 1 – Definitions
 In these terms and conditions, the following definitions apply:
 Cooling-off period: the period within which the consumer can use
 exercising his right of withdrawal;
 Consumer: the natural person who does not act in the
 exercise of profession or business and a distance contract
 concerns the entrepreneur;
 Day: calendar day;
 Long-term transaction: a distance contract regarding
 a series of products and/or services, the delivery and/or
 purchase obligation spread over time;
 Durable data carrier: any means that the consumer or
 entrepreneur enables information personally addressed to him
 aimed at storing in a way that allows future consultation and
 unchanged reproduction of the stored information possible
 made.
 Right of withdrawal: the possibility for the consumer to
 the right to waive the cooling-off period of the distance contract;
 Entrepreneur: the natural or legal person who offers products and/or
 offers services at a distance to consumers;
 Distance contract: an agreement whereby, in the context of
 of a system organized by the entrepreneur for the sale
 distance of products and/or services, up to and including the conclusion of
 the agreement is made using only one or
 multiple techniques for distance communication;
Distance communication technology: means that can be
 used for concluding an agreement, without
 consumer and entrepreneur are simultaneously in the same space
 agreed upon.
 General Terms and Conditions: these General Terms and Conditions
 of the entrepreneur.
 Article 2 – Identity of the entrepreneur
 DIGITELSHOP
 Laagraven 3 3439 LG Nieuwegein NO RETURNS AND NO VISIT ADDRESS
 Email address: [E-MAIL ADDRESS]
 Chamber of Commerce number: 96513691
 VAT identification number: NL00521473B60
Article 3 – Applicability
 These general terms and conditions apply to every offer of
 the entrepreneur and on every concluded agreement on
 distance and orders between entrepreneur and consumer.
 Before the distance contract is concluded, the text is
 of these general terms and conditions made available to the consumer
 set. If this is not reasonably possible, before the
 distance contract is concluded, it is indicated that
 the general terms and conditions can be viewed at the entrepreneur and they
 at the consumer's request be provided free of charge as soon as possible
 sent.
 If the distance contract is concluded electronically, it can
 contrary to the previous paragraph and before the agreement is
 distance is concluded, the text of these general terms and conditions
 made available to the consumer electronically
 set in such a way that it can be accessed by the consumer on a
 simple way can be stored on a durable
 data carrier. If this is not reasonably possible, before
the distance contract is concluded, will be indicated
 where the general terms and conditions can be accessed electronically
 be acknowledged and that they can be provided to the consumer upon request
 by electronic means or otherwise free of charge will be
 sent.
 In the event that in addition to these general terms and conditions also
 specific product or service conditions may apply,
 the second and third paragraph apply accordingly and the
 the consumer in case of conflicting general terms and conditions
 always rely on the applicable provision that is most favorable to them.
 most favorable.
 If one or more provisions in these general terms and conditions
 at any time wholly or partially null or void.
 then the agreement and these terms and conditions remain in effect for the
 other provisions will remain in effect and the relevant provision will be mutually agreed upon
 immediately be replaced by a provision that the intent of
 approximated as closely as possible to the original.
 Situations not covered in these general terms and conditions,
 should be assessed ‘according to the spirit’ of these general
 conditions.
 Uncertainties about the interpretation or content of one or more
 provisions of our terms and conditions should be interpreted ‘according to
 the ‘spirit’ of these general terms and conditions.
Article 4 – The offer
 If an offer has a limited validity period or is subject to
 conditions apply, this will be explicitly stated in the offer
 mentioned.
 The offer is without obligation. The entrepreneur is entitled to change the offer
 to change and adjust.
 The offer contains a complete and accurate description of the
 offered products and/or services. The description is sufficient
 detailed to enable a good assessment of the offer by the
 consumer possible. If the entrepreneur uses
 of images are a truthful representation of the
 offered products and/or services. Obvious mistakes or
obvious errors in the offer do not bind the entrepreneur.
 All images, specifications, data in the offer are indicative
 and cannot give rise to compensation or dissolution
 of the agreement.
 Images of products are a truthful representation
 of the offered products. The entrepreneur cannot guarantee
 that the displayed colors exactly match the real
 colors of the products.
 Each offer contains such information that the consumer
 clear what the rights and obligations are that are connected to the
 acceptance of the offer is connected. This concerns in the
 special:
 the price including taxes;
 any shipping costs;
 the manner in which the agreement will be concluded and which
 actions necessary for that;
 whether or not the right of withdrawal applies; the
 method of payment, delivery and execution of the agreement;
 the period for acceptance of the offer, or the period
 within which the entrepreneur guarantees the price;
 the level of the rate for distance communication if the
 costs of using the communication technology on
 distance will be calculated on a different basis than the regular
 basic rate for the communication method used;
 or the agreement is archived after conclusion, and if so
 yes, and how this can be consulted by the consumer;
 the way in which the consumer, before concluding the
 agreement, the data he provided in the context of the agreement
 provided data can be checked and corrected if desired;
the possible other languages in which, besides Dutch, the
 agreement can be concluded;
 the codes of conduct to which the entrepreneur has submitted
 and the way in which the consumer can consult these codes of conduct
 can be consulted electronically; and
 the minimum duration of the distance agreement in case of a
 duration transaction.
 Optional: available sizes, colors, types of materials.
 Article 5 – The agreement
 The agreement is concluded, subject to the provisions of paragraph 4,
 concluded at the moment of acceptance by the consumer of
 the offer and compliance with the conditions set.
 If the consumer has accepted the offer electronically
 accepted, the entrepreneur immediately confirms electronically
 due to the receipt of the acceptance of the offer. As long as the
 receipt of this acceptance is not by the entrepreneur
 confirmed, the consumer can dissolve the agreement.
 If the agreement is concluded electronically, the
 entrepreneur appropriate technical and organizational measures
 to secure the electronic transfer of data and ensures
 for a secure web environment. If the consumer electronically
 can pay, the entrepreneur will take appropriate
 take security measures into account.
 The entrepreneur can – within legal frameworks – inform himself
 determine or the consumer can meet his payment obligations
 comply, as well as all those facts and factors that are important for
 a responsible entering into the distance agreement. If
 the entrepreneur has good grounds based on this investigation
 to not enter into the agreement, he is entitled to provide motivated
 to refuse an order or request or to the execution
 to attach special conditions.
 The entrepreneur will provide the consumer with the product or service
 following information, in writing or in such a way that it can be
 the consumer can be stored in an accessible manner
 on a durable data carrier, include:
 a. the visiting address of the entrepreneur’s establishment where the
 consumer can address complaints;
b. the conditions under which and the manner in which the consumer can
 can exercise the right of withdrawal, or a clear
 notification regarding the exclusion of the right of withdrawal;
 c. the information about guarantees and existing after-sales service;
 d. the information included in article 4 paragraph 3 of these terms,
 unless the entrepreneur has already provided this information to the consumer
 provided before the execution of the agreement;
 e. the requirements for termination of the agreement if the
 agreement has a duration of more than one year or of
 indefinite duration.
 In the case of a long-term transaction, the provision in the previous paragraph only
 applicable to the first delivery.
 Every agreement is entered into under the suspensive
 conditions of sufficient availability of the relevant
 products.
 Article 6 – Right of withdrawal
 When purchasing products, the consumer has the option
 terminate the agreement without giving reasons
 for 14 days. This reflection period starts the day after
 receipt of the product by the consumer or a representative previously designated by the
 consumer designated and known to the entrepreneur
 representative.
 During the reflection period, the consumer will handle the product with care
 product and packaging. They will only use the product to the extent
 unpack or use only to the extent necessary to be able to
 decide whether they wish to keep the product. If they wish to exercise their
 exercises the right of withdrawal, they will return the product with all
 delivered accessories and – if reasonably possible – in the
 return the product in its original condition and packaging to the entrepreneur,
 in accordance with the reasonable and clear instructions provided by the entrepreneur
 instructions.
 When the consumer wishes to exercise their
 right of withdrawal, they are obliged to do so within 14 days after receipt
 of the product, to be communicated to the entrepreneur. The notification
 exercise must be done by the consumer through a written message/
email. After the consumer has indicated they wish to
 wishes to exercise their right of withdrawal, the customer must return the product
 returning within 14 days. The consumer must prove
 that the delivered goods have been returned on time, for example by
 by means of proof of shipment.
 If the customer, after purchase, exceeds the periods mentioned in paragraphs 2 and 3
 has not indicated that they wish to exercise their
 right of withdrawal or the product has not been returned to the entrepreneur
 returned, the purchase is finalized.
Article 7 – Costs in case of withdrawal
 If the consumer exercises their right of withdrawal,
 the costs of returning the products are borne by
 of the consumer.
 If the consumer has paid an amount, the entrepreneur will
 this amount is refunded as soon as possible, but no later than 14 days after
 withdrawal, refund. The condition is that the
 product has already been received back by the webshop or conclusive
 proof of complete return can be provided.
 Article 8 – Exclusion of right of withdrawal
 The entrepreneur can exclude the consumer's right of withdrawal
 exclude 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 before concluding
 of the agreement, has stated.
 Exclusion of the right of withdrawal is only possible for
 products:
 a. that have been created by the entrepreneur according to
 specifications of the consumer;
 b. that are clearly personal in nature;
 c. that by their nature cannot be returned;
 d. that can spoil or age quickly;
e. whose price is tied to fluctuations in the financial
 market over which the entrepreneur has no influence;
 f. for loose newspapers and magazines;
 g. for audio and video recordings and computer software where the
 consumer has broken the seal.
 h. for hygienic products where the consumer has
 seal has been broken.
 Exclusion of the right of withdrawal is only possible for
 services:
 a. concerning accommodation, transport, restaurant services, or leisure activities
 to be performed on a specific date or during a specific
 period;
 b. whose delivery has been expressly agreed upon by the
 consumer has started before the cooling-off period has expired;
 c. concerning bets and lotteries.
Article 9 – The price
 During the validity period stated in the offer, the
 prices of the offered products and/or services are not increased,
 except for price changes due to changes in VAT
 rates.
 Contrary to the previous paragraph, the entrepreneur may offer products or
 services whose prices are tied to fluctuations in
 the financial market and over which the entrepreneur has no influence,
 offer variable prices. This binding to
 fluctuations and the fact that any stated prices
 reference prices are stated in the offer.
 Price increases within 3 months after the conclusion of the
 agreements are only permitted if they result from
 legal regulations or provisions.
Price increases from 3 months after the conclusion of the
 agreements are only permitted if the entrepreneur
 has agreed and:
 a. these result from legal regulations or provisions; or
 b. the consumer has the authority to terminate the agreement
 take effect from the day on which the price increase is announced
 effective.
 The prices mentioned in the offer of products or services are
 including VAT.
 All prices are subject to printing and typesetting errors. For the
 consequences of printing and typesetting errors, no liability is accepted
 accepted. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the
 product according to the incorrect price.
Article 10 – Conformity and Warranty
 The entrepreneur guarantees that the products and/or services
 comply with the agreement, the offer stated
 specifications, meet the reasonable requirements of durability and/or
 usability and as of the date of the conclusion of the
 agreement existing legal provisions and/or
 government regulations. If agreed, the
 the entrepreneur also ensures that the product is suitable for other
 than normal use.
 A warranty provided by the entrepreneur, manufacturer or importer
 does not affect the legal rights and claims that the
 consumer under the agreement against the
 entrepreneur can claim.
 Any defects or incorrectly delivered products must be reported within
 14 days after delivery to the entrepreneur in writing
 reported. Return of the products must be made in the
 original packaging and in new condition.
 The warranty period of the entrepreneur corresponds to the
 manufacturer's warranty period. However, the entrepreneur is never
 responsible for the final suitability of the products
 for each individual application by the consumer, nor for
any advice regarding the use or application of
 the products.
 The warranty does not apply if:
 The consumer has repaired and/or
 processed or repaired and/or modified by third parties;
 The delivered products have been exposed to abnormal circumstances
 exposed or otherwise handled carelessly or in
 conflict with the instructions of the entrepreneur and/or on the
 packaging have been treated;
 The defectiveness is wholly or partly the result of
 regulations that the government has set or will set regarding
 of the nature or quality of the materials used.
 Article 11 – Delivery and execution
 The entrepreneur will exercise the greatest possible care
 take when receiving and executing
 orders of products.
 The place of delivery is the address provided by the consumer
 company has made known.
 Subject to the provisions in article 4 of this
 terms and conditions are stated, the company will accept
 orders with due urgency but no later than within 30 days
 execute, unless the consumer has agreed to a longer period
 delivery period. If the delivery is delayed, or
 if an order cannot be delivered or only partially
 executed, the consumer will receive this no later than 30 days after
 he has placed the order informed. The consumer has in that
 in case the right to dissolve the agreement without costs and
 right to any compensation.
 In case of dissolution according to the previous paragraph, the entrepreneur will
 the amount the consumer has paid as soon as possible,
 but no later than 14 days after dissolution, repay.
 If delivery of an ordered product proves to be impossible, the
 the entrepreneur will make efforts to provide a replacement item
made available. At the latest upon delivery, it will be clearly and
 be clearly communicated that a replacement item will be
 delivered. For replacement items, the right of withdrawal cannot
 are excluded. The costs of any return shipment are
 at the expense of the entrepreneur.
 The risk of damage and/or loss of products rests
 with the entrepreneur until the moment of delivery to the consumer
 or a pre-designated and entrepreneur-known
 representative, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination, and extension
 Termination
 The consumer can terminate an agreement that is for an indefinite period
 entered into and which aims at the regular supply of products
 (including electricity) or services, at any time
 terminate with observance of agreed
 termination rules and a notice period of at most one
 month.
 The consumer can terminate an agreement that is for a fixed term
 entered into and which aims at the regular supply of products
 (including electricity) or services, at any time against
 terminate at the end of the fixed term with observance of
 agreed termination rules and a notice period
 of at most one month.
 The consumer can the agreements mentioned in the previous paragraphs
 agreements:
 terminate at any time and not be limited to termination at a
 fixed time or within a certain period;
 at least terminate in the same manner as they were by him
 entered into;
 always terminate with the same notice period as the entrepreneur for
 has stipulated itself.
 Extension
 An agreement entered into for a fixed term and which aims
until the regular supply of products (including electricity)
 included) or services, may not be tacitly extended or
 renewed for a fixed period.
 Contrary to the previous paragraph, an agreement that is for
 entered into for a certain period and which aims at the regular supply
 of daily, news, and weekly newspapers and magazines tacitly
 are
 extended for a fixed period of up to three months, if the
 consumer this extended agreement towards the end of the
 extension may be terminated with a termination period of at most one
 month.
 An agreement entered into for a fixed term and which aims
 for the regular delivery of products or services, may only
 silently extended for an indefinite period if the
 consumer may terminate at any time with a termination period of
 at most one month and a termination period of at most three
 months if the agreement is for the regular, but
 less than once a month, delivery of daily, news, and
 weekly newspapers and magazines.
 An agreement with a limited duration for the regular delivery of
 introductory delivery of daily, news, and weekly newspapers and
 magazine (trial or introductory subscription) is not
 silently continued and automatically ends after the expiration of the
 trial or introductory period.
 Duration
 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
 termination period of at most one month, unless the
 reasonableness and fairness oppose termination before the end of the
 agreed duration postpone.
  Article 13 – Payment
 Unless otherwise agreed, the amounts owed by 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 provide a
 service, this period starts after the consumer has received the confirmation
received from the agreement.
 The consumer has the duty to report inaccuracies in provided or
 mentioned payment details to report to the entrepreneur immediately.
 In case of non-payment by the consumer, the entrepreneur has
 subject to legal restrictions, the right to charge the consumer in advance
 reasonable costs made known to the consumer to be charged
 submit.
Article 14 – Complaints procedure
 Complaints about the execution of the agreement must be made within 7
 days must be submitted fully and clearly described to the
 entrepreneur, after the consumer has reported the defects
 detected.
 Complaints submitted to the entrepreneur will be answered within a period
 answered within 14 days from the date of receipt.
 If a complaint requires a foreseeable longer processing time,
 will be responded to by the entrepreneur within the period of 14 days
 answered with an acknowledgment of receipt and an indication of when
 the consumer can expect a more detailed response.
 If the complaint cannot be resolved through mutual consultation
 a dispute arises that is subject to the dispute resolution procedure.
 A complaint does not suspend the obligations of the entrepreneur,
 unless the entrepreneur indicates otherwise in writing.
 If a complaint is found to be justified by the entrepreneur, then