TERMS AND CONDITIONS
GENERAL SALES AND DELIVERY CONDITIONS OF PERFECTPRO B.V.
CONTENTS
ARTICLE 1 – Definitions
ARTICLE 2 – Identity of the company
ARTICLE 3 – Applicability
ARTICLE 4 – The offer
ARTICLE 5 – The agreement
ARTICLE 6 – Right of withdrawal
ARTICLE 7 – Costs in case of withdrawal
ARTICLE 8 – Exclusion of right of withdrawal
ARTICLE 9 – The price
ARTICLE 10 – Conformity and Warranty
ARTICLE 11 – Delivery and execution
ARTICLE 12 – Duration of transactions
ARTICLE 13 – Payment
ARTICLE 14 – Complaints procedure
ARTICLE 15 – Additional or deviating provisions
ARTICLE 1 – DEFINITIONS
In these conditions the following definitions apply:
Company: the natural or legal person that offers products and/or services remotely to consumers;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the company;
Distance agreement: an agreement in which, within the framework of a system organised by the company for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Distance communication technology: means that can be used to conclude an agreement without the consumer and company being together in the same room at the same time;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the option for the consumer to cancel 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 data carrier: any means that enables the consumer or company to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
ARTICLE 2 – IDENTITY OF THE COMPANY
Perfectpro B.V.
Address: Everdenberg 9a, 4902 TT, Oosterhout
Telephone number: +31 (0)85 070 9000 available from Monday to Friday from 09:00 to 17:00
Email address: info@perfectpro.eu
Chamber of Commerce number: 20110626
VAT identification number: NL8119.49.680.B01
If the company’s activity is subject to a relevant licensing system: information about the supervisory authority;
If the company practices a regulated profession:
− the professional association or organisation to which he is affiliated;
− the professional title, the place in the EU or the European Economic Area where it was awarded;
− a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer from the company and to every distance contract concluded between the company and the consumer.
2. 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 can be viewed at the company and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. consumer can be easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is most favourable.
ARTICLE 4 – THE OFFER
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the company uses images, these are a true representation of what is offered and products and/or services. Obvious mistakes or errors in the offer do not bind the company.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.
This concerns in particular:
− the price including taxes;
− any delivery costs;
− the manner in which the agreement will be concluded and which actions
are necessary for this;
− whether or not the right of withdrawal applies;
− the method of payment, delivery or execution of the agreement;
− the term for acceptance of the offer, or the term for honouring the price;
– the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
− if the agreement is archived after conclusion, how it can be consulted by the consumer;
– the manner in which the consumer concludes the agreement
can become aware of actions he does not want, as well as the manner in which they are carried out
on which he can repair them before the agreement is concluded;
− the possible languages in which, in addition to Dutch, the agreement can be concluded;
− the codes of conduct to which the company has submitted and the manner in which this is done
on which the consumer can consult these codes of conduct electronically;
and
− the minimum duration of the distance contract in the case of an agreement that extends to continuous or periodic delivery of products or services.
ARTICLE 5 – THE AGREEMENT
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the company will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the company will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the company will take appropriate security measures.
4. The company can – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the company has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The company 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:
a. the visiting address of the branch of the company where the consumer works
complaints can be submitted;
b. the conditions under which and the manner in which the consumer of the
can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and warranties;
d. the information included in Article 4, paragraph 3 of these conditions, unless the
the company has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the company has committed itself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When delivering products:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons for at least fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. The product may not be returned if it has been used.
If he exercises his right of withdrawal, he will return the product to the company with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the company.
Upon delivery of service at:
3. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
4. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the company with the offer and/or at the latest upon delivery.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
2. 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 withdrawal.
ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
1. If the consumer does not have a right of withdrawal, this can only be excluded by the company if the company has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the company in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that can spoil or age quickly;
e. the price of which is dependent on fluctuations in the financial market over which the company has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has the
seal has been broken.
3. Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
ARTICLE 9 – THE PRICE
1. 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.
2. Notwithstanding the previous paragraph, the company may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the company has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the company has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services are exclusive of VAT.
ARTICLE 10 – CONFORMITY AND WARRANTY
1. 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 requirements existing on the date the agreement was concluded. provisions and/or government regulations.
2. A scheme offered as a guarantee by the company, manufacturer or importer does not affect the rights and claims that the consumer can assert towards the company in connection with a failure to fulfill the company’s obligations under the law. and/or the distance contract.
ARTICLE 11 – DELIVERY AND EXECUTION
1. The company will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the company will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the company will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are borne by the company.
6. The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer, unless expressly agreed otherwise.
ARTICLE 12 – CURRENCY TRANSACTIONS
1. The consumer can cancel an agreement that has been entered into for an indefinite period at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. An agreement entered into for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
ARTICLE 13 – PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement .
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the company.
4. In the event of non-payment by the consumer, the company has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
1. The company has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the company within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the company will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the company will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 15 – ADDITIONAL OR DIFFERENT 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.
