Terms & Conditions

Index:

Article 1 - Definitions

Article 2 - The Entrepreneur's identity

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection

Article 8 - Exercise of the right of withdrawal by the consumer and their cost

Article 9 - Obligations of the trader in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and Warranty extension

Article 13 - Delivery and implementation

Article 14 - Extended duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Additional or different terms

 

Article 1 - Definitions

In these conditions apply:

Additional agreement: an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
Day: calendar;
Digital content means data which are produced and supplied in digital form;
Duration agreement: an agreement which extends to the regular delivery of goods, services and / or digital content for a certain period;
Durable medium: any device - including also e-mail - that the consumer or business that enables information addressed personally to him, store in a way that future consultation or use over a period appropriate to the target for which it was intended, and which allows the unchanged reproduction of the stored information possible;
Right of withdrawal: the ability of the consumer to see within the waiting period of the contract;
Distance contract means an agreement between the entrepreneur and the consumer is concluded in the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or partially used of one or more means of distance communication;
Technology for distance communication: means that can be used to conclude a contract without the consumer and trader have to be met simultaneously in the same space;
 

Article 2 - The Entrepreneur's identity

Entrepreneur Name: G. P. Engers, GP Webtech

Vestigings address: Beethovenlaan 670, 8031 ​​CN, Zwolle, Netherlands

Phone and time (s) over which the trader can be reached by telephone: 0610312639 Monday / Friday from 09.00 to 18.00.

Email: info@gpwebtech.nl

Commercial Register: 08199002

VAT identification number: NL013349910B01

Affiliated with;

ZZP Netherlands undertakings.
Professional title: Web developer, company working in web development.

 

Article 3 - Applicability

These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
Before concluding a distance contract, the text of these general conditions made available to the consumer. If this is not reasonably possible, the trader will before concluding the distance contract, indicate how the general conditions for inspection at the trader's premises and that they be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is closed, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him .
 

Article 4 - The offer

If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the Entrepreneur makes use of pictures, they are truthful images of the products, services and / or digital content. Obvious mistakes or errors in the offer binding on the entrepreneur.
Each offer contains such information that is clear to the consumer what rights and obligations are attached to accepting the offer.
 

Article 5 - The contract

The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
The entrepreneur can within the law - inform the consumer's ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to bind its implementation to special conditions an order or request.
The entrepreneur will be due upon delivery of the product, service, or digital content to the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium to send:
1. the email address of the trader's business location where consumers can lodge complaints;
2. the conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
3. The information about guarantees and after sales service;
4. the price including all taxes of the product, service, or digital content; in so far as applicable, the cost of delivery; and the method of payment, delivery or performance of the contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
 

Article 6 - Right of withdrawal

For digital products:

The consumer may contract concerning the purchase of a product during a cooling-off period of 14 days or terminate without giving reasons. The operator may ask the consumer about the reason for revocation, but it does not commit to stating his reason (s).
The grace period referred to in paragraph 1 shall begin on the day after the consumer or a third party designated in advance by the consumer, the product has received, or:
1. If the consumer in the same order have ordered several products: the day on which the consumer or a third party designated by him, has received the final product. The operator may, provided that he has informed the consumer prior to the ordering process in a clear manner, refuse an order of several products with different delivery time.
2. if the supply of a product consists of multiple lots or pieces, the day on which the consumer or a third party designated by him, received the last shipment of the final part;
3. Where the contract is for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, the first product has received.
The aforementioned period of 14 days specified in paragraph 1 shall expire at the moment the consumer digital product ownership.
When the consumers have paid the digital product is not yet in possession of the digital product is the standard period of 14 days.
  

Article 7 - Obligations of the consumer during the reflection

The consumer shall not be liable for diminished value of the product and the entrepreneur him before or at the conclusion of the contract all the conditions provided on the right of withdrawal.
 

Article 8 - Exercise of the right of withdrawal by the consumer and their cost

If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period through digital written notice.
As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send back the product. The consumer has the return postage term in any case taken into account as to return the product before the period has expired.
The consumer shall send back the product with all accessories, if reasonably possible in original condition. Accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The operator bears the potential direct cost of returning the product.
 

Article 9 - Obligations of the trader in case of withdrawal

If the entrepreneur notification of withdrawal by the consumer possible through electronic means, it sends the message immediately upon receipt of an acknowledgment.
The trader shall reimburse any payments made by the consumer, including any delivery charges will be charged by the operator for the returned product, immediately but within 14 days after the day on which the consumer notifies him of the revocation. Unless the company offering the product itself does not set up disposal, he may wait to return until he has received the product or demonstrates to the consumer that he has returned the product, whichever is the earlier.
The trader is not obliged to use the same card that the consumer has used. The reimbursement is free for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.
 

Article 10 - Exclusion of right of withdrawal

The operator may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly in the offer and in time for the conclusion of the agreement, stated:

Products or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
Service contracts after full implementation of the service, but only if:
1. the performance has begun with the explicit prior consent of the consumer; and
2. The consumer has declared that he will lose his right of withdrawal once the contract is fully performed by the trader;
The supply of digital content other than on a tangible medium, but only if:
1. the performance has begun with the explicit prior consent of the consumer; and
2. The consumer stated that he thus loses his right of withdrawal.
 

Article 11 - The price

During the period mentioned, the prices of the products and / or services have not increased in the offer, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
1. they are the result of legislation or regulations; or
2. The consumer has the right to terminate the agreement as of the date the increase takes effect.
The prices in the supply of products or services include VAT.
 

Article 12 - Compliance Agreement and extended warranty

The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
By the trader, provided additional warranty never restricted the legal rights and claims that consumers can make under the contract against the trader apply if the employer has failed to fulfill its part of the agreement.
Under additional guarantee means any undertaking by the trader which it grants certain rights or claims to consumers that go beyond which it is legally required in case he failed to fulfill his part of the agreement.
 

Article 13 - Delivery and implementation

The trader 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 that the consumer made known to the trader.
Subject to what is stated in article 4 of these terms and conditions, the company will accepted orders expeditiously but not later than within 30 days, unless a different delivery period is agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them within 30 days after placing the order.
The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Won digital products are sold under the GPL (General Public License). This means that the consumer after payment and hold desbestreffende product to be able to sell it on and spread, provided that the source code is included. In spreading and or resell the product to the consumer waives the right of withdrawal.
 

Article 14 - Extended duration transactions: duration, termination and renewal

Termination:
The consumer may contract for an indefinite period, which extends to the regular delivery of products or services, at any time denounce the applicable termination rules and a notice of up to one month.
The consumer may contract concluded for a definite period, which extends to the regular delivery of products and / or services at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of up to one month .
Consumers can the agreements mentioned in the previous paragraphs:
Cancel at any time and not be limited to termination at a particular time or in a given period;
At least cancel the same way as they are concluded;
Cancel at the same notice as the company has negotiated for itself.
The entrepreneur has the right after denounce the applicable termination rules and a notice of up to one month to spend less sexton into account the prevailing cost of that month.
Extension:

A contract concluded for a definite period, which extends to the regular delivery of products and / or services may not be automatically extended or renewed for a fixed period.
A contract concluded for a definite period, which extends to the regular delivery of products or services may only be extended for an indefinite period if the consumer may at any time terminate with a notice of up to one month.
Duration:

If an agreement is entered into for an indefinite period may, the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
 

Article 15 - Payment

Unless otherwise specified in the contract or additional conditions should the amounts owed by the consumer to be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, consumers in general conditions may never be obliged to make a prepayment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator.
If the consumer is unable to meet its payment obligation (s) above, is this, after the entrepreneur has identified the late payment and the entrepreneur consumer has given a term of 14 days in which to comply with its payment obligations, after default of payment within the 14-day deadline, over the outstanding amount of statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him charged. These collection costs exceed 15% of outstanding amounts to € 2,500, =; 10% for the following € 2,500, = and 5% on the next € 5,000, = with a minimum of € 40, =. The entrepreneur is entitled to the benefit of consumers to deviate from these amounts and percentages.
 

Article 16 - Complaints

The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the execution of the contract must within a reasonable time after the consumer the defects, fully and clearly described and submitted to the entrepreneur.
When the trader complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then answered by the operator within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
If the complaint or within a reasonable time or within three months after the filing of the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.
 

Article 17 - Disputes

On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to through this entrepreneur delivered or delivered products and services, may, subject to the following provisions, both submitted by the consumer or the trader to the Disputes Committee Webshop , PO Box 90600, 2509 LP The Hague (sgc.nl).
A dispute is handled by the Disputes Commission if the consumer complaint submitted within a reasonable time to the entrepreneur.
Within three months after the dispute arose, the dispute in writing to the Disputes Committee to be made.
If the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the entrepreneur that wants to do, the consumer within five weeks after a request by the employer in writing request, submit in writing to speak if he so desires or wants to submit the dispute by the competent court. The entrepreneur learns the consumer choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
The Arbitration Committee's decision under the conditions as stipulated in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee take the form of binding advice.
The Disputes Committee will not handle a dispute or will terminate if the entrepreneur moratorium is granted, the state of gone bankrupt or its business has actually terminated, before a dispute by the Committee at the session and a final decision was rendered.
  

Article 18 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be in such a way that the consumer in an accessible manner stored on a durable medium.