TERMS AND CONDITIONS
TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS
ARTICLE 2 - IDENTITY OF THE TRADER
ARTICLE 3 - APPLICABILITY
ARTICLE 4 - THE OFFER
ARTICLE 5 - THE CONTRACT
ARTICLE 6 - RIGHT OF WITHDRAWAL
ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
ARTICLE 8 - EXERCISING THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COST
ARTICLE 9 - OBLIGATIONS OF THE TRADER IN THE CASE OF WITHDRAWALS
ARTICLE 10 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
ARTICLE 11 - THE PRICE
ARTICLE 12 - PERFORMANCE AND EXTRA WARRANTY
ARTICLE 13 - DELIVERY AND EXECUTION
ARTICLE 14 - DURATION TRANSACTIONS: DURATION, CANCELLATION AND RENEWAL
ARTICLE 15 - PAYMENT
ARTICLE 16 - COMPLAINTS PROCEDURE
ARTICLE 17 - DISPUTES
ARTICLE 18 - ADDITIONAL OR DIFFERENT TERMS
In these conditions, the following definitions shall apply:
- Additional agreement: a contract to which the consumer acquires digital content products, and/or services in connection with a distance contract and these matters, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader;
- Cooling-Off Period: the period during which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is acting for purposes which are not related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Duration Agreement: an agreement which aims at ensuring regular delivery of goods, services and/or digital content over a period of time;
- Durable medium: each tool-including email-that enables the consumer or business owner information that is addressed to him personally, store in a way that future consultation or use for a period of time adequate for the purposes of the information is intended, and which allows the unchanged reproduction of the information stored;
- Right Of Withdrawal: the ability of the consumer to within the cooling-off period opt out of the contract;
- Trader: the natural or legal person who, (access to) digital content products and/or services at a distance to consumers;
- Distance contract: an agreement between the trader and the consumer under an organized system for distance selling of products, digital content and/or services until the conclusion of the agreement exclusively or shared use is made of one or more means of distance communication;
- Model withdrawal form: it contained in annex I to this European model withdrawal form;
- Means of distance communication: means that can be used to conclude a contract, without the consumer and trader have to be met.
NEW STEPS B.V.
5145 NP Waalwijk
- These general conditions apply to all offers of the trader and on any distance contract concluded between trader and consumer.
- Prior to the conclusion of a distance contract, he text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the consumer by electronic means, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be inspected and that they are sent at the consumer's request, by electronic means or otherwise (free of charge).
- In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting conditions always rely on the applicable provision that is most favorable to him.
- If an offer is subject to 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 enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
- Every offer will contain such information that clear to the consumer what rights and obligations are involved in accepting the offer.
- The contract is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and complies with the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
- If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
- The trader may obtain information -within statutory frameworks- about the consumer's ability to fulfill his payment obligations, as well as facts and factors that are important for a responsible conclusion of the distance contract. If the trader has good grounds on the basis of this research to the agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
- The trader will supply, latest at delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
a. the visiting address of the trader's business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on existing after-sales service and guarantees;
d. the price including all taxes of the product, service or digital content; where applicable the costs of delivery; and the arrangements for payment, delivery or performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
f. If the consumer has a right of withdrawal, the model withdrawals form.
- In the case of a continuing performance contract, the stipulation in the previous paragraph applies only to the first delivery.
- The consumer may contract with respect to the purchase of a product during a cooling-off period of at least 30 days without giving any reason dissolve. The trader may ask for the reason of withdrawal the consumer, but these are not giving any reason (s) oblige.
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or on behalf of third party other than the carrier, the product has received, or:
a. If the consumer has multiple products ordered in the same order: the day on which the consumer, or a third party designated by him, the final product has received. The trader may, provided that it the consumer here prior to the ordering process clearly informed about, an order of several products with different delivery time refuse.
b. If the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or piece;
c. in the case of agreements for regular delivery of products over a period of time: the day on which the consumer, or a third party designated by him, the first product has received.
At services and digital content that is not supplied on a tangible medium:
- The consumer can a services agreement and an agreement for delivery of digital content which is not supplied on a tangible medium dissolve within 30 days without giving any reason. The trader may ask for the reason of withdrawal the consumer, but these are not giving any reason (s) oblige.
- The cooling-off period referred to in paragraph 3 shall take effect on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content which is not supplied on a tangible medium when not informed about right of withdrawal:
- If the trader the consumer did not supply the regulatory information about the right of withdrawal or has not supplied the model withdrawal form, runs the cooling-off time 12 months after the end of the original, in accordance with previous members of cooling-off period set by this article.
- If the trader referred to in the preceding paragraph has provided information to the consumer within 12 months after the effective date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer receives that information.
- During this period the consumer shall handle with care the product and its packaging. He will extract or use the product only to the extent necessary to the nature, characteristics and operation of the product. The starting point is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for diminished value of the product that is the result of a way of coping with the product that goes beyond permitted in paragraph 1.
- The consumer shall not be liable for any depreciation of the product if the trader him not before or at the conclusion of the agreement all mandatory information about the right of withdrawal has provided.
- If the consumer exercises his right of withdrawal, he reports this within the cooling-off period or using the standard withdrawal form on the trader in an unequivocal manner.
- As fast as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back. The period of 30 days of this article 8.2 does not apply if the trader has offered to pick up the product. The consumer has taken into account in each case the return term if he returns the product before the withdrawal period has expired.
- The consumer shall send back the product with all supplied accessories in original condition and packaging, if reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer shall bear the direct cost of returning the product. If the trader has reported that the consumer has to bear these costs or to carry the costs themselves if, the consumer the cost to return not to wear.
- The consumer carries no fee/costs for all or part of the delivery of digital content delivered on a tangible medium, not if:
a. he prior to its delivery not expressly has agreed to the start of the performance of the agreement before the end of the cooling-off period;
b. he has not recognized the right of withdrawal to lose in giving his consent; or
c. the trader has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
- If the trader allows the notification of withdrawal by the consumer electronically, it sends an acknowledgement of receipt of this notification without delay.
- The trader shall reimburse all payments from the consumer, including any delivery charges charged for the returned product without delay, but within 14 days following the day on which the consumer notifies him the revocation. Unless the trader offers the product itself to take away, he may hold off until he has received the product or refund to the consumer shows that he has returned the product, according to what time is earlier.
- The trader uses for reimbursement the same method of payment that has used the consumer, unless the consumer consents to another method. The repayment is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader will not refund the additional costs for the more expensive method.
The trader can exclude the following goods and services from the right of withdrawal, but only if the trader this clearly at the offer, at least in time for the conclusion of the agreement, has stated:
- Products or services whose price is dependent on fluctuations in the financial market on which the trader has no control and within the withdrawal period may occur;
- Agreements concluded at a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the trader to the consumer that is personally present or given the opportunity to be personally present at the auction, run by an auctioneer, and where the successful bidder is bound to purchase the products, digital content and/or services;
- Services agreements, after full implementation of the service, but only if:
a. the implementation has begun with the consumer's prior express consent; and
b. the consumer has stated that he loses his right of withdrawal once the trader has the agreement fully carried out;
- Service contracts for provision of accommodation, as in the agreement a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
- Agreements related to leisure activities, as in the agreement a specific date or period of implementation features;
- According to the consumer's specifications are not prefabricated and manufactured products, which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed for reasons of health protection or hygiene products that are not suitable to be returned and were unsealed after delivery;
- Products after delivery by their nature irrevocably mixed with other products;
- Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, the delivery of which can take place only after 30 days, and the actual value of which is dependent on fluctuations in the market which the trader has no influence;
- Sealed audio, video recordings or computer software which were unsealed after delivery;
- Newspapers, journals or magazines, with the exception of subscriptions thereon;
- The supply of digital content other than on a tangible medium, but only if:
a. the implementation has begun with the consumer's prior express consent; and
b. the consumer stated that he loses his right of withdrawal.
- During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and where the trader has no control at variable rates. These fluctuations and the fact that prices are subject to variations are to be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or stipulations.
- Price increases from 3 months after the contract was concluded are only allowed if the trader has agreed and:
a. they are the result of legal regulations or provisions; or
b. the consumer the power to terminate the contract on the day on which the price increase takes effect.
- The in the offer of products or services mentioned prices include VAT.
- The trader guarantees that the products and/or services fulfill the contract, the 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 trader guarantees also that the product is suitable for other than normal use.
- A by the trader, his supplier, manufacturer or importer extra warranty never limits the legal rights and claims that the consumer under the agreement in front of the trader can do apply if the trader has been guilty of serious misconduct in the performance of his part of the agreement.
- Additional guarantee shall mean any undertaking by the trader, his supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond which it is required by law in case he has been guilty of serious misconduct in the performance of his part of the agreement.
- 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 has notified to the trader.
- Subject to what about this in article 4 of these terms and conditions is indicated, the by the trader accepted orders will be processed no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer is informed of this no later than 30 days after the order was placed. In this case the consumer has the right to terminate the contract without penalty and right to possible compensation.
- After dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid without delay.
- The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer to, unless otherwise expressly agreed.
- The consumer can a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time terminate with taking in consideration the applicable termination rules and a notice of up to one month.
- The consumer can a contract for a definite period, which extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed period terminate with taking in consideration the applicable termination rules and a notice of up to one month.
- The consumer can the agreements mentioned in the previous paragraphs:
a. Cancel at any time and not be limited to cancellation at some time or in a given period;
b. Cancel at least in the same way as they are entered into by him;
c. Cancel the same notice period as the trader has negotiated for themselves.
- A contract for a definite period, which extends to the regular delivery of products or services (including electricity), should not be extended or renewed automatically for a certain fix period.
- By way of derogation from the previous paragraph may be a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines automatically be extended for a fixed period of up to three months, if the consumer this extended agreement by the end of the extension may cancel up to one month's notice.
- A contract for a definite period, which extends to the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer may cancel at any time with a notice period of up to one month. The notice period is not more than three months in the event the agreement extends to the regular, but less than once a month, delivering day, news and weekly newspapers and magazines.
- An agreement with limited duration to the regulated delivery of day-to introduction, news and weekly newspapers and magazines (trial or introductory subscription) is not implied continued and ends automatically at the end of the trial or introductory period.
- If an agreement has duration of more than one year, should the consumer after a year the agreement at any time with a notice period of termination up to one month, unless the reasonableness and fairness itself against cancellation before the end of the agreed duration object.
- Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer to be paid within 14 days after the beginning of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of a contract for the provision of a service, captures this term on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumers in general conditions never be obliged to advance payment in excess of 50%. When advance payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the stipulated advance payment has been made.
- The consumer is obliged to report inaccuracies in payment data provided or stated without delay to the trader.
- If the consumer fails to meets its payment obligation (s), the trader, after he mentioned the late payment and the trader has awarded the consumer a period of 14 days to meet his payment obligations, after failing payment within this 14-day-term, the statutory interest on the outstanding amount and the trader is entitled by him made the extra-judicial collection costs. This collection costs shall not exceed the following levels: 15% on outstanding amounts to € 2,500 =; 10% over the subsequent € 2,500, = and 5% on the following with a minimum of € 5,000, € = 40, =. The trader may differ from the amounts indicated for the benefit of consumers and percentages.
- The trader has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the performance of the contract must be submitted within 5 days after that the consumer has found the defects, fully and clearly described.
- Complaints submitted to the trader are processed within a period of 14 days from the date of receipt. If a complaint requires longer processing time, the trader within the period of 14 days replied with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint is not within a reasonable time or within 3 months after the filing of the complaint can be resolved by mutual agreement creates a dispute subject to the dispute resolution.
- On agreements between the trader and the consumer to which these general conditions relate, is exclusively Dutch law is applicable.
Additional derogations from these general terms and conditions must not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable medium.
Annex i: Withdrawal form (fill out and return this form only when you want to withdraw from the agreement)
To: NEW STEPS B.V.
5145 NP Waalwijk
Fax: +31 416 566020
I/we * hereby * inform you , that I/we * our agreement on the sale of the following products/order (s):
Order number(s) ___________________________________________________________
Ordered on _______________________________________________________________(date)
Received on ______________________________________________________________(date)
Customer name: ___________________________________________________________
Address of customer: _______________________________________________________
* Delete whichever does not apply or complete as appropriate.