Terms and Conditions
Article 1 - Terminology
In the terms and conditions of Oldwood BV, the following definitions apply:
- The consumer; the natural person who enters into a distance contract with the entrepreneur.
- The reflection time; the predetermined period in which the consumer has the option to terminate the contract without giving reasons
- Day or days; a calendar day or calendar days
- The right of withdrawal; the possibility for the consumer to cancel the distance contract within the cooling-off period.
- The entrepreneur; the natural or legal person who offers products and / or services to consumers at a distance.
- A distance agreement; an agreement whereby within the framework of a system for the distance selling of products and / or services organized by the entrepreneur, until the conclusion of the agreement use is made exclusively of one or more techniques for distance communication.
- Remote communication; means that can be used to conclude an agreement, without consumers and trader being in the same place at the same time.
Article 2 - Identity of the entrepreneur
Statutory name: Oldwood the furniture shop
Location address: Buurt 30, 1679 GG, Midwoud, the Netherlands
Postal address: Buurt 30, 1679 GG, Midwoud, the Netherlands
Telephone number: 0229 - 202292
Email address: [email protected]
Chamber of Commerce - Number: 658 85 953
VAT number: NL85630398B01
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- The text of the General Terms and Conditions must be made available for the distance agreement at all times. These can always be found on the relevant website of the company, if this is not reasonably possible, before the remote agreement is concluded, the opportunity is offered to see it physically at the company.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can can be saved in a simple way. 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 electronically or otherwise at the request of the consumer.
- The consumer can invoke the relevant conditions, which is most favorable to him when specific product or service conditions apply.
Article 4 - The offer
- An offer always has a limited validity, this is 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful or similar representation of the products and / or services offered. Obvious mistakes and / or obvious errors in the presentation of the offer do not bind the entrepreneur. The entrepreneur also bears responsibility for the price of the product and the delivery. However, if there is a clear error, the entrepreneur reserves the right not to conclude an agreement and to inform the consumer of this with a reason.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the offer.
- The price including taxes;
- The delivery costs;
- The manner in which the agreement is concluded and the relevant actions are required;
- The possible use of the right of withdrawal;
- The agreements for payment, delivery and execution of the agreement;
- Term for accepting the offer and the term in which the entrepreneur accepts the offer;
- The possible costs for remote communication;
- The agreement is archived and can be viewed by the consumer through a request;
- The languages in which the offer can be made;
- The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.
Article 5 - The agreement
- The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
- 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 entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate 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 - within the law - inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement or waiver. 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 or to attach special conditions to the implementation.
- The entrepreneur will send the following information 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 medium:
- The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about guarantees and existing service after purchase;
- The information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
- The requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the option of dissolving the contract for 14 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. The right of withdrawal only applies to products that are delivered directly from stock, customized products are excluded from the right of withdrawal.
- During the cooling-off 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 makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur's provided clear instructions as stated in the list of frequently asked questions. ask.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, coming costs of return will be borne by the consumer.
- If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- Created by the entrepreneur in accordance with the consumer's specifications, including all custom-made furniture;
- That are clearly personal in nature;
- Which cannot be returned due to their nature;
- Exclusion of the right of withdrawal is only possible for services:
- The delivery of which started with the express consent of the consumer before the cooling-off period has expired.
Article 9 - The price
- During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
- As a departure from the previous paragraph; Prices may change due to factors beyond the control of the company. These variable prices are communicated to the consumer in advance.
- 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 agreed and the prices mentioned in the offer of products or services include VAT. -they are the result of statutory regulations or provisions; - the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
Article 10 - Conformity and warranty
- The company guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or existing legal provisions on the date of the conclusion of the agreement. government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the company, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Article 11 - Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address given by the consumer. If desired, the consumer will receive a confirmation message via the indicated e-mail address.
- Taking into account that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless a longer delivery period has been agreed. 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 terminate the agreement without costs.
- In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after termination.
- If delivery of an ordered product appears to be impossible, a replacement article will be delivered in consultation with the consumer. The consumer can, at the expense of the company, return the replacement product within 14 days. For replacement items right of withdrawal can not be excluded.
- The risk of damage and / or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Payment and retention of title
- Unless otherwise agreed, the amounts owed by the consumer must be paid upon delivery of the products, preferably by debit card, otherwise in cash.
- The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
- In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
- Delivered goods remain the property of Oldwood the furniture store until the full invoice amount has been paid.
Article 13 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this complaints procedure.
- Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, after the consumer has found 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 a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 - Disputes
- Dutch law applies exclusively to all agreements and these general terms and conditions, unless stated otherwise.
Article 15 - Additional or different provisions
Additional or deviating provisions from the 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 in an accessible manner by the consumer.