The online web store Magnetenspecialist.nl applies the following conditions of delivery. The terms and conditions apply to all orders with a delivery address in The Netherlands.
Important! Soon, as before, the general terms and conditions will again be available online in multiple languages. Until then, the German, French, Spanish and English terms of delivery can be requested. For this please fill out the contact form or send an email to email@example.com.
General terms of delivery Magnetenspecialist.nl
Above you see the table of contents of our general delivery conditions for deliveries in the Netherlands. By clicking on one of the links in this overview you can quickly jump to a chosen article and back again. So you can find the information even faster that you are looking for!
Article 1: Definitions
- Entrepreneur: The natural or legal person affiliated with the Stichting Webshop Keurmerk and offering products and/or services to consumers at a distance;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of becomes of one or more remote communication techniques;
- Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time;
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period; Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored enable information.
Article 2: Identity of the entrepreneur
- Name of Entrepreneur: Magnet Specialist Import & Export. Trading under the name: Magnetenspecialist.nl
- Main office address: Buddy Buldenlaan 40, 5629RD, Eindhoven – The Netherlands
Main postal address: Buddy Buldenlaan 40, 5629RD, Eindhoven – Netherlands
- Phone number: +31 (0) 40 2417364
E-mail address: firstname.lastname@example.org
- Chamber of Commerce number: 58067566
Monday through Wednesday: 9:00 a.m. to 6:30 p.m.
Thursday through Friday: 9 a.m. to 8 p.m.
Saturday: 9 a.m. to 6 p.m.
Sunday: 11 a.m. to 5 p.m.
Article 3: Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer;
- 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 are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request;
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically. be made in such a way that it can be easily stored by the consumer 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 consulted electronically and that they will be sent free of charge at the consumer’s request electronically or otherwise;
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply by analogy and the consumer may, in the event of contradictory general terms and conditions, rely on the following always invoke the applicable provision that is most favorable to him.
Article 4: The offer
- If an offer has a limited validity period or is made subject to conditions, this will be 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses If the company makes use of images, these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur;
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. In particular, this concerns:
- the price including taxes;
- the cost of delivery, if any;
- The way in which the agreement will be established and what actions are required for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery and execution of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- Whether the contract will be archived after its conclusion, and if so in what way it can be consulted by the consumer;
- The way in which the consumer, before the conclusion of the contract, can check the data provided by him in the context of the contract and, if desired, restore them;
- any other languages in which, besides Dutch, the agreement may be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
- and the minimum duration of the distance contract in the case of an enduring transaction.
Article 5: The Agreement
- The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions therein.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement;
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer electronically can pay, the entrepreneur will take appropriate security measures to this end;
- The entrepreneur may – within legal frameworks – to inform the consumer about his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation;
- The entrepreneur will include with the product or service to the consumer the filling information, in writing or in such a way that the consumer can be stored in an accessible way 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 may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- The information about warranties and existing after-purchase service;
- the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery;
Article 6: Right of withdrawalUpon delivery of products:
- When purchasing products, the consumer has the opportunity to dissolve the contract without giving reasons for at least thirty days. This period commences on the day following receipt of the product by or on behalf of the consumer;
‘The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay but within 14 days from the day on which the consumer communicated the withdrawal to him reports. Unless the entrepreneur offers to pick up the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever comes first. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge to the consumer.’
- During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge 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;
- In case of delivery of services, the consumer has the possibility to dissolve the contract without giving reasons for at least fourteen days, starting from the day of delivery;
- To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest at delivery;
Article 7: Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, he shall bear no more than the cost of return shipment;
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the return or withdrawal;
Article 8: Exclusion of the right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur 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 possible only for products:
- that have been created by the entrepreneur in accordance with the specifications of the consumer;
- that are clearly personal in nature;
- Which by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software of which, the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
- Concerning betting and lotteries.
Article 9: The price
- During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates;
- Notwithstanding 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, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are guide prices, are mentioned with the offer;
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions;
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 10: Compliance and warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and/or government regulations.
- An arrangement offered as a guarantee by the trader, manufacturer or importer shall not affect the rights and claims the consumer may have against the trader in respect of a shortcoming in the fulfilment of the trader’s obligations. assert under the law and/or the distance contract.
Article 11: Delivery and execution
- The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in Article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. In this case, the consumer has the right to terminate the contract without charge and the right to any compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement item available. No later than at the time of delivery, it will be reported in a clear and comprehensible manner that a replacement article is delivered. In the case of replacement items, the right of withdrawal cannot be excluded.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12: Transactions duration, termination and renewalNotice:
- The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term subject to of termination rules agreed upon for this purpose and a notice period of no more than one month.
- The consumer may enter into the agreements mentioned in the previous paragraphs:
- terminated at any time and shall not be limited to termination at any particular time or in any particular period;
- at least terminate in the same manner as they were entered into by him;
- always terminate with the same notice as the entrepreneur has stipulated for himself.
- A contract entered into for a definite period of time and which is for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
- Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
- A contract entered into for a definite period of time and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate at any time with a notice of up to one month and a notice period of up to three months if the contract 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 supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. introductory period.
- If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless the reasonableness and fairness against termination before the end of the contract. of the agreed duration.
Article 13: Payment
- Insofar as not otherwise agreed, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the performance of the relevant order or service(s), before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned 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 reasonable costs made known to the consumer in advance.
Article 14: 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 to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
- A complaint about a product, service or the entrepreneur’s service can also be submitted via a complaint form from the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint is then sent both to the entrepreneur in question As well as sent to the Stichting Webshop Keurmerk.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Article 15: Disputes
- Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Disputes between the consumer and the entrepreneur about the conclusion or implementation of contracts relating to products and services to be delivered or delivered by this entrepreneur, may, subject to the provisions below, both by the consumer and the entrepreneur are submitted to the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.
- No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do so, the consumer will within five weeks after a written request made by the entrepreneur, The parties must state in writing whether they wish to do so or whether they wish the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer’s choice within the period of five weeks, then the entrepreneur is entitled submit the dispute to the competent court.
- The Disputes Committee shall rule under the conditions as set forth in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of a binding opinion.
- The Disputes Committee will not deal with a dispute or will discontinue the proceedings if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities, before a dispute has been heard by the committee at the hearing and a final decision has been rendered.
- If, in addition to the Geschillencommissie Webshop, another recognized arbitration board or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the following applies to disputes concerning mainly the method of distance selling or provision of services, the Geschillencommissie Webshop has exclusive jurisdiction. For all other disputes, the other recognized dispute resolution bodies affiliated with SGC or Kifid.
Article 16: Industry Guarantee
- Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Webshop by its members unless the member decides to send the binding opinion within two months for review to the court submit. This guarantee revives, if the binding opinion has been upheld after review by the court and the judgment showing this has become final. Up to a maximum of €10,000 per binding opinion, This amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding opinion, €10,000 will be paid. For the rest, Stichting Webshop Keurmerk has an obligation of effort to ensure that the member complies with the binding advice.
- For the purposes of this guarantee it is required that the consumer files a written appeal with Stichting Webshop Keurmerk and that the consumer transfers his claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur If the amount of the claim exceeds €10,000,- the consumer will be offered to transfer his claim to the Stichting Webshop Keurmerk, after which this organization will take care of the payment in its own name and costs. will ask for a court order to satisfy the consumer.
Article 17: Additional or different provisions
- Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment and should be recorded in writing or in such a way that the consumer can access them in an accessible manner. stored on a durable data carrier.
Article 18: Amendments to the general terms and conditions of St. Petersburg. Webshop Keurmerk
- Stichting Webshop Keurmerk will not change these General Terms and Conditions without consultation with the Consumentenbond.
- Amendments to these terms and conditions shall take effect only after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall be
Address Stichting Webshop Keurmerk:
1071 HA Amsterdam
Laatst gewijzigd: 12 maart 2019
These General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk (further referred to as Webshop Keurmerk) with the exception of financial services as referred to in the Financial Supervision Act and to the extent that these services are supervised by the Financial Markets Authority.