Table of contents
- Article 1 Definitions
- Article 2 Identity of entrepreneur.
- Article 3 Applicability
- Article 4 Offer
- Article 5 Agreement
- Article 6 Right of withdrawal
- Article 7 Costs Revocation
- Article 8 Price
- Article 9 Conformity and Warranty
- Article 10 Delivery and performance
- Article 11 Payment
- Article 12 Complaints procedure
- Article 13 Disputes
- Article 14 Additional or deviating provisions
Article 1 Definitions
Consumer
A natural person who enters into an agreement with the entrepreneur.
Entrepreneur
The person who offers products or services.
Agreement
An agreement in which, within the framework 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, use is made of 1 or more techniques for distance communication.
Techniques for remote communication
A means that is used to conclude an agreement where the consumer and entrepreneur are not in the same room at the same time.
Termination form
A form supplied by the entrepreneur that the consumer can fill in if they want to make use of their right of withdrawal.
Day
Calendar day.
Article 2 Identity of entrepreneur
Trade name
Millionstore
Chamber of Commerce: 77796225
VAT identification number: NL003239543B58
Telephone number: 0513 438 072
E-mail address: millionstore@hotmail.com
Business address
Gestation 124
8442 BX
Heerenveen
Article 3 Applicability
- The general terms and conditions apply to the entire offer that the entrepreneur offers and all agreements concluded between the consumer and the entrepreneur.
- Before entering into the agreement, the consumer must explicitly agree to the general terms and conditions to enter into the agreement.
- Before giving consent, the consumer has access to the general terms and conditions. If this is not reasonably possible, the agreement will be terminated. Upon request, the entrepreneur will provide the general terms and conditions free of charge in an electronic manner or a physical copy.
- If 1 or more provisions of the general terms and conditions become partially void or nullified at any time, the terms and conditions and provisions will remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that approaches the purport of the original provision as closely as possible.
- If there are situations that are not stipulated in the general terms and conditions, they must be assessed in the trend of these general terms and conditions.
- If there are any ambiguities about the terms or conditions, the entrepreneur or a representative of the entrepreneur must provide a full explanation to clarify the relevant.
Article 4 Offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt.
- The range of products and/or services is offered with an accurate and detailed description that enables the consumer to make a satisfactory assessment. Visual representations of the product will reasonably match what is offered. Obvious errors in the offer do not bind the entrepreneur.
- All images and specification data in the offer are an indication and cannot give rise to compensation or dissolution of the agreement.
- Images accompanying products are truthful. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the product.
- Each offer contains the information that clearly shows the rights and obligations of the consumer. The rights and obligations contain information about the consequences of accepting the offer. In this respect:
- The price including taxes.
- Any shipping costs.
- The way in which the agreement will be concluded and which actions are required for this.
- Application of the right of withdrawal.
- The method of payment, delivery and performance of the agreement.
- The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
Article 5 Agreement
- The agreement is concluded when an order is placed and the consumer has received a confirmation.
- The entrepreneur has the right to reject the agreement if:
- The information provided by the consumer is incorrect.
- The consumer has not fulfilled previous payment obligations and/or has not accepted previous orders (or has not collected a previous order).
- The specified address of the consumer is outside the area where Million Store delivers.
- 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 entrepreneur, 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as about 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 with reasons, or to attach special conditions to the implementation.
- The entrepreneur 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 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 warranties and existing after-sales service
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer for the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
Article 6 Right of withdrawal
- When purchasing products, the consumer has the option to dissolve the agreement within 14 days without giving a reason. The period starts when the consumer has received the product.
- During the cooling-off period, the consumer will handle the product with care. He will only unpack and/or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer makes use of the right of withdrawal, he must return all supplied accessories in their original condition and packaging to the entrepreneur. In accordance with the entrepreneur provides reasonable and clear instructions.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product.
The consumer must make this known by means of the dissolution form. After the consumer has indicated 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 dispatch.
- If, after the end of the periods referred to in paragraphs 1 and 3, the consumer has not made it known to the entrepreneur that he wishes to make use of his right of withdrawal and has not returned the product, the purchase is a fact.
- To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest with the delivery.
Article 7 Costs Revocation
- If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible within the stated period. On the following condition:
- The product has already been received by the entrepreneur.
- The return is complete in its original condition and packaging.
- In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for the reduction in value.
- The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal.
Article 8 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 entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any stated prices 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 statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority 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.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 9 Conformity and Warranty
- 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 the legal provisions and/or provisions existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- 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 on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be 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 ultimate 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 modified the delivered products himself or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 10 Delivery and performance
- The entrepreneur will take the greatest possible 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 made known to the company.
- With due observance of what is stated 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 the delivery is delayed, or if an order cannot or only partially be executed, 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 dissolve the agreement without costs. The consumer is not entitled to compensation.
- 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.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 11 Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- 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 12 Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
- In the event of complaints, a consumer should first of all turn to the entrepreneur. The consumer has the option of submitting his complaint to an independent disputes committee, the decision of which is binding and both the entrepreneur and the consumer agree with this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 13 Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 14 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.