General Terms and Conditions
General terms and conditions of business . Please note that no rights can be derived from these general terms and conditions. Please consult a lawyer if you have any doubts about their content. Article 1 - Definitions In these terms and conditions the following definitions apply:
● Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or trade and concludes a distance contract with the trader;
● Day: calendar day;
● Standing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;
● Durable storage medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in such a way that future retrieval and unchanged reproduction of the stored information is possible.
● Right of withdrawal: the consumer's ability to withdraw from 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 in which, within the framework of a system for the distance sale of goods and/or services organized by the entrepreneur, one or more distance communication techniques are used exclusively until the agreement is concluded;
Distance communication technology: Means that can be used to conclude a contract without the consumer and entrepreneur having to be in the same room at the same time.
● General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur Dedix Keminksweide 48, 7091DN Dinxperlo; Email address: info@dedix.nl Chamber of Commerce number: 89138058 VAT number: 235306708B01
Article 3 - Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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 can be viewed at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, the text of these General Terms and Conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. 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 electronically or otherwise free of charge at the consumer's request. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. If one or more provisions of these General Terms and Conditions are at any time wholly or partially ineffective or void, the contract and these Terms and Conditions remain in force and the relevant provision will be replaced immediately by mutual agreement by a provision that corresponds to the meaning and purpose comes as close as possible to the original purpose. Matters that are not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions. Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer The offer contains a complete and accurate description of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the contract. The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products. Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
● The price including taxes;
the possible costs of shipping;
● the manner in which the contract is concluded and what actions are required for this;
whether the right of withdrawal applies or not;
the manner of payment, delivery and performance of the contract;
The deadline for accepting the offer or the deadline within which the trader guarantees the price;
● The level of the distance communication tariff if the costs for the use of the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
● Whether the agreement will be archived after its conclusion and, if so, how it can be viewed by the consumer;
● the manner in which the consumer can check and, if desired, correct the information provided by him under the contract before the conclusion of the contract;
the possible languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult those codes of conduct electronically;
● The minimum term of the distance contract in the case of a longer transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is concluded the moment the consumer accepts the offer and fulfills the conditions set out therein. If the consumer has accepted the offer electronically, the trader 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 contract. If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within the legal framework - find out 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 the entrepreneur has good reasons not to conclude the contract based on this examination, he is entitled to reject an order or an application or to tie the implementation to special conditions, stating reasons. The entrepreneur sends the following information together with the product or service in written form or in such a way that the consumer can store it in an accessible manner on a durable medium: a. The visiting address of the entrepreneur's office to which the consumer can contact in the event of any complaints; b. The conditions and manner in which the consumer can exercise his right of withdrawal or a clear notice of the exclusion of the right of withdrawal; c. The information about guarantees and existing after-sales services; d.
The information contained in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract; e. The conditions for termination of the contract if the contract has a term of more than one year or is of indefinite duration. In the case of a permanent transaction, the provision in the previous paragraph only applies to the first delivery. Any agreement is concluded subject to the suspensive condition of sufficient availability of the products in question.
Article 6 – Right of withdrawal When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This reflection period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receiving the goods. The consumer must communicate this by means of a written notice/e-mail. After the consumer has communicated that he wants to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, for example by providing proof of shipping. If, after the deadlines referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered a fact.
Article 7 - Costs in the event of withdrawal If the consumer exercises his right of withdrawal, the consumer bears the costs of returning the products. If the consumer has paid an amount, the entrepreneur will refund this amount as quickly as possible, but at the latest within 14 days of cancellation. The prerequisite for this is that the product has already been received back from the online retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal The entrepreneur may exclude the consumer's right of withdrawal for certain products and services, provided that he clearly states this in the offer and this occurs before the conclusion of the contract. An exclusion of the right of withdrawal is only possible for products and services that: a. are tailored to the consumer's specifications; B. are personal in nature and cannot be returned; C. May spoil or age quickly; D. are subject to fluctuations on the financial market over which the entrepreneur has no influence; e. Loose newspapers, magazines or products with a seal that the consumer has broken; F. Hygiene products where the consumer has broken the seal; G. Concerns services that have already been started with the express consent of the consumer before the withdrawal period has expired; H. Pertain to accommodation, transportation, restaurant operations or recreational activities and are delivered on a specific date or time.
Article 9 – The price During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability for fluctuations and the fact that the prices stated are guide prices are expressly pointed out in the offer. Price increases within 3 months of the conclusion of the contract are only permitted if they are based on legal provisions or regulations. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed to this and: a. B. The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
Article 10 – Conformity and Guarantee of the other state ervoor in the products and/of services voldoen aan de overeenkomst en de specificaties zoals vermelden in het aanbod. Tevens voldoen de products en/of services aan de redelijke iron van deugdelijkheid bruikbaarheid, en aan de betting bepalingen en overheidsvorschriften die gelden op de datum van het sluiten van de overeenkomst. India has specific information about the use of the product for other products in the normal use, the state of the other product is also sent to the product for other products. Eventual guarantees are extended to the customer, the manufacturer of the importer does not have access to the rights and the front of the consumer on the ground of the overeencomst tegenover de ondernemer can doen money. Any possible defects in the delivery of gelatinous products will be reported within 14 days. The return of the products is separated into the original packaging and shipped to the new state. The guarantee term of the other person comes over with the factory guarantee term. It is of real importance to note that the other person is not responsible for the delivery of the products to each individual toepassing door of the consumer, nor for any possible advising of the delivery of the products. The guarantee does not apply in the following cases:
● If the consumer has repaired and/or processed the delivered products himself or has them repaired and/or processed by third parties;
● if the delivered products were exposed to abnormal conditions or were otherwise treated negligently or contradicted the entrepreneur's instructions and/or were treated on the packaging;
● If the defect is due, in whole or in part, to regulations which the Government has issued or will issue regarding the nature or quality of the materials used.
Article 11 – Delivery and execution The entrepreneur shall exercise the greatest care when receiving and executing product orders. The delivery location is the address that the consumer has provided to the company. Accepted orders will be executed quickly, but no later than within 30 days, unless a longer delivery period has been agreed and the consumer has agreed to this. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notification of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and to claim any damages. In the event of dissolution, the entrepreneur will refund the amount paid as quickly as possible, but no later than within 14 days of dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. The right of withdrawal cannot be excluded for replacement items. The entrepreneur will bear the costs of any return shipment. The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and communicated to the entrepreneur, unless otherwise agreed.
Article 12 – Permanent transactions: Duration, termination and extension Termination:
● An open-ended contract that extends to the regular supply of products (including electricity) or services may be terminated by the consumer at any time, taking into account the agreed termination rules and a notice period of not more than one month.
● A fixed-term contract that extends to the regular supply of products (including electricity) or services may be terminated at any time to the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
● The consumer may terminate the above contracts at any time and is not limited to termination at a specific time or in a specific period.
● Cancellation can be made in the same way as the contract was concluded.
● The notice period for the consumer corresponds to the notice period that the entrepreneur has negotiated for himself. Renewal:
● A fixed-term contract covering the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.
● A fixed-term contract that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum of three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of not more than one Month.
Article 13 – Payment Unless otherwise agreed, the consumer must pay the amounts due within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide the service, the period for obtaining a service begins from the moment the consumer receives the confirmation of the contract. The consumer is obliged to immediately report any inaccuracies in the payment data provided to him or to the entrepreneur. If the consumer defaults on payment, the entrepreneur reserves the right, subject to legal restrictions, to invoice the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, fully and clearly described. The entrepreneur will respond to the complaint submitted to him within 14 days of receipt of the complaint. If the complaint is likely to require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution process. A complaint does not invalidate the entrepreneur's obligations, unless the entrepreneur states otherwise in writing. If the complaint is found by the entrepreneur to be justified, the entrepreneur has the option, at his own discretion, to replace or repair the delivered products free of charge.
Article 15 – Disputes Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer lives abroad