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Terms & Conditions

Download our General Terms and Conditions

Table of contents:

 

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in the event of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Continuing performance contracts: term, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

 

Article 1 - Definitions

 

In these terms and conditions, the following terms are defined as stated below:

  • Cooling-off period: the term within which the consumer can invoke his right of withdrawal;
  • Consumer: a natural person who does not act in the course of a profession or the running of a business and who enters into a distance contract with the entrepreneur;
  • Day: a calendar day;
  • Continuing performance contract: a distance contract with regard to a series of products and/or services for which the obligation to deliver and/or purchase is spread over time;
  • Permanent data carrier: any device that enables the consumer or entrepreneur to save information sent to him personally, in a way that makes future reference to and the unaltered reproduction of the stored information possible.
  • Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: an agreement within which framework only one or more technologies for distance communication are used on the basis of a system organised by the entrepreneur for the distance selling of products and/or services and entering into agreements;
  • Distance communications technologies: means of communication that can be used to enter into an agreement without the consumer and entrepreneur physically meeting in the same room.

 

Article 2 - Identity of the entrepreneur

 

Address      

 

Betaalbare Domotica
De Wieken 71
6021 LB Budel

Phone Number    +31(0)85-3015583
E-mail address info@betaalbare-domotica.eu
CoC Nummer 58199039
VAT Number NL142497502B01

 

Article 3 - Applicability

  • These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts entered into between the entrepreneur and the consumer.
  • The wording of these general terms and conditions is made available to the consumer before the distance contract is concluded. If this is not reasonably possible, the consumer, before concluding the distance contract, shall be notified of the fact that the general terms and conditions are open for inspection at the entrepreneur, a copy of which shall be sent on request of the consumer, free of charge and within the shortest possible term.
  • In derogation from the previous paragraph, the wording of these general terms and conditions can be made available to the consumer electronically if the distance contract is concluded electronically, before it is concluded, in a way that enables the consumer to easily save these to a permanent data carrier. If this is not reasonably possible, the consumer, before concluding the distance contract, shall be informed as to where the general terms and conditions can be inspected electronically, a copy of which shall be sent on request of the consumer, electronically or otherwise, free of charge.
  • In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and in the event of contradictions in the general terms and conditions the consumer can at all times invoke the applicable provision most favourable to him.

 

Article 4 - The offer

  • If the term of validity of an offer is limited in time or subject to other conditions, the offer must explicitly state this.
  • The proposal contains a complete and accurate description of the products and/or services on offer. This description must be sufficiently detailed so as to enable the consumer to make a fair assessment of the offer. If the entrepreneur uses illustrations, they must be a true reflection of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
  • Each proposal contains such information that clarifies to the consumer what his rights and obligations are in connection with accepting the offer. This particularly applies to:
    • the prices, inclusive of taxes;
    • any delivery costs;
    • the manner in which the agreement shall be concluded 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 term for accepting the offer and/or the term within which the entrepreneur guarantees the price;
    • the level of the rate for distance communication, if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement is archived afterwards and, if so, the manner in which it can be consulted by the consumer;
    • the manner in which the consumer can check the details provided by him within the framework of the agreement and, if so desired, can correct these, prior to entering into the agreement;
    • any other languages in which the agreement can be entered into, in addition to Dutch;
    • the code of conduct the entrepreneur abides by and the manner in which the consumer can electronically consult this code of conduct; and
    • the minimum term of the distance contract in the event of a continuing performance contract.

 

Article 5 - The agreement

  • Subject to the provisions of paragraph 4, the agreement is entered into from the moment of acceptance of the offer by the consumer and him meeting the conditions within that framework.
  • If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer, electronically. As long as the receipt of this acceptance has not been confirmed by the consumer, the consumer can cancel the agreement.
  • If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the safe transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur must have the appropriate safety measures in place.
  • Within the margins of the law, the entrepreneur may investigate as to whether the consumer shall be able to meet his payment obligations, as well as inform himself of those facts and factors that have a bearing on the sound conclusion of the distance contract. If based on this investigation the entrepreneur has valid grounds to decide against entering into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution thereof, supported by reasons.
  • The entrepreneur shall include the following information with the product or service, in writing, or in a way so that it can be stored by the consumer on a permanent data carrier for future reference:
    • the visiting address of the entrepreneur which the consumer can contact in the event of a complaint;
    • under which conditions and the manner in which the consumer can invoke the right of withdrawal and/or a clear notification that the right of withdrawal does not apply;
    • information on warranties and any after sale service;
    • the information listed in article 4, paragraph 3 of these conditions, unless the entrepreneur already has provided the consumer with this information prior to the execution of the agreement;
    • the requirements with regard to termination of the agreement, if the term of the agreement is more than one year or for an indefinite period of time.
  •  In the event of a continuing performance contract, the provision of the previous paragraph applies to the initial delivery only.

 

Article 6 - Right of withdrawal


When supplying products:

  • When purchasing products, the consumer has the option to cancel the agreement within 14 days, without having to state the reasons. This cooling-off period starts the day following that of receipt of the product by the consumer or by a representative designated by the consumer and communicated to the entrepreneur. The consumer can return the goods within a period of 14 days. After shipment the entrepreneur will credit and refund the whole amount, including shipping costs, within 14 days. 
  • During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent required to assess whether he wishes to keep the product or not. If he wishes to invoke his right of withdrawal, he must return the product and all accessories included to the entrepreneur and, if reasonably possible, in its original condition and packaging, in accordance with the clear and reasonable instructions issued by the entrepreneur.

When supplying services:

  • When supplying services, the consumer has the option to cancel the agreement within 14 days, without having to state the reasons, starting the day that the agreement commences.
  • In order to invoke his right of withdrawal, the consumer shall be directed by the reasonable and clear instruction provided by the entrepreneur with the offer and/or provided no later than at the delivery concerned.

 

 

Article 7 - Costs in the event of withdrawal

  • If the consumer wishes to invoke his right of withdrawal, the costs payable by him shall be no more than the costs of the return.
  • If the consumer has paid an amount, the entrepreneur shall refund the consumer this amount as soon as possible, yet no later than 14 days after the return or withdrawal.

 

 

Article 8 - Exclusion of the right of withdrawal

  • The entrepreneur has the option to exclude the consumer's right of withdrawal, insofar as provided for in paragraphs 2 and 3. If the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or has at least done so timely in advance of the agreement.
  • Exclusion of the right of withdrawal is possible only for products:
    • manufactured by the entrepreneur in accordance with the specifications of the consumer;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that are subject to decay or aging
    • the price of which is subject to fluctuations in the financial market beyond the control of the entrepreneur;
    • for newspapers and magazines sold over the counter;
    • for audio and video recordings and computer software the seal of which has been broken by the consumer.
  • Exclusion of the right of withdrawal is possible only for services:
    • in relation to accommodation, transport, restaurant establishment and leisure activities to be performed at a certain date or during a certain period;
    • the supply of which started with the explicit approval of the consumer prior to the cooling-off period having expired;
    • in relation to bets and lotteries.

  

Article 9 - The price

  • During the term of validity referred to in the offer, the prices of the products and/or services offered shall not be increased, except for changes in price as a result of changes in the VAT rates.
  • In derogation from the previous paragraph, the entrepreneur may offer products or services at varying prices if these products are linked to fluctuations in the financial market beyond the control of the entrepreneur. The product being subject to price fluctuations and the fact that some prices serve as recommended price only must be stated in the offer.
  • Price increases within 3 months of the agreement having been concluded are allowed, subject to being the result of statutory regulations or provisions.
  • Price increases after 3 months of the agreement having been concluded are allowed, subject to these having been stipulated by the entrepreneur and:
    • subject to them being the result of statutory regulations or provisions; or
    • subject to the consumer being entitled to terminate the agreement with effect from the day on which the price increase takes effect.
  • The prices of products or serviced referred to in the offer are inclusive of VAT.

 

 

Article 10 - Conformity and Warranty

  • The entrepreneur guarantees that the products and/or services are in accordance with the agreement, the specifications referred to in the offer, the reasonable requirements of reliability and usability and the statutory provisions and/or government regulations applicable on the day the agreement was formed. If so agreed, the entrepreneur further guarantees that the product is suitable for use other than normal use.
  • A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims the consumer can exert against the entrepreneur by virtue of the agreement.

 

 

Article 11 - Delivery and execution

  • The entrepreneur shall exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
  • The place of delivery shall be the address the consumer has given the company.
  • With due observance of the provisions in article 4 of these terms and conditions, the company shall execute accepted orders promptly, yet within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if a delivery cannot be executed or only partly, the consumer shall be notified thereof within 30 days of having placed the order. In that case, the consumer is entitled to terminate the agreement without incurring costs and right to compensation.
  • In the event of termination by virtue of the previous paragraph, the entrepreneur shall refund the consumer this amount as soon as possible, yet no later than 14 days after termination.
  • If delivery of a product that was ordered appears to be impossible, the entrepreneur shall make every effort to make an alternative product available. No later than at the actual delivery, shall it be unambiguously and comprehensibly communicated that the delivery concerns a replacement product. The right of withdrawal cannot be excluded in the event of replacement products. The costs in the event of a possible return of the product shall be payable by the entrepreneur.
  • Until delivery to the consumer, or a representative designated by the consumer and communicated to the entrepreneur, the risk of damage and/or loss of products rest with the entrepreneur, unless otherwise agreed.

 

 

Article 12 - Continuing performance contracts: term, termination and extension


Termination

  • The consumer can at all times terminate an agreement entered into for an indefinite period of time and which regulates the regular supply of products or services, with due observance of the agreed notice rules and a notice period of no more than one month.
  • The consumer can at all times terminate an agreement entered into for an definite period of time and which regulates the regular supply of products or services with effect from the expiry of the definite term, with due observance of the agreed notice rules and a notice period of no more than one month.
  • With regard to the agreements referred to in the previous paragraphs, the consumer:
    • shall be able to terminate at all times and not be restricted to terminate at a certain time or within a certain period;
    • shall terminate in at least the same manner as he entered into the agreements;
    • shall at all times terminate with due observance of the same notice period the entrepreneur has stipulated for himself.

Extension

  • An agreement that has been entered into for a fixed period of time and which regulates the regular supply of products or services may not be tacitly extended or renewed for a fixed period of time.
  • An agreement that has been entered into for a fixed period of time and which regulates the regular supply of products or services may only be tacitly extended for an indefinite period of time, if the consumer is permitted to at all times terminate subject to a maximum notice period of one month.

Term

  • If the term of an agreement exceeds a period of more than one year, the consumer may at all times terminate the agreement after one year subject to a maximum notice period of one month, unless the principles of fairness and reasonableness oppose termination before the end of the agreed term.

 

 

Article 13 - Payment

  • Insofar as not agreed otherwise, the amounts payable by the consumer must be paid within 14 days of the cooling-off period referred to in article 6, paragraph 1. In the event of a service agreement, this period commences after the consumer has received confirmation of the agreement.
  • In the event of sales of products to the consumer, the terms and condition may never stipulate an advance payment of more than 50%. If payment in advance has been stipulated, the consumer shall be unable to exercise any rights in respect of the execution of the relevant order or service(s), prior to the relevant advance payment having been effected.
  • The consumer is obliged to immediately notify the entrepreneur of any anomalies in the payment details that have been provided or stated.
  • In default of payment by the consumer, the entrepreneur, subject to statutory restrictions, is entitled to charge the consumer reasonable costs of which the consumer was informed in advance.

 

 

Article 14 - Complaints procedure

  • The entrepreneur has a sufficiently disclosed complaints procedure and processes any complaints in accordance with this procedure.
  • Complaints with regard to the performance of the agreement must be described fully and clearly and promptly submitted to the entrepreneur after the consumer having identified the faults.
  • Complaints received by the entrepreneur are dealt with within 14 days of the complaint having been received. In the event that a complaint takes longer to process than anticipated, the entrepreneur shall respond within 14 days, sending a confirmation of receipt and an indication of when the consumer may expect a more detailed response.
  • Failure to resolve the complaint through mutual consultation will result in a dispute that is subject to the dispute settlement procedure.

 

 

Article 15 - Disputes

  • Agreements between the entrepreneur and the consumer which these general terms and conditions apply to are governed exclusively by Dutch law.

 

 

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded, in writing, or otherwise stored on a permanent data carrier thereby providing the consumer access to it. 

All prices are calculated with 21% VAT.