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Terms and conditions

Terms and Conditions

Table of Contents:

  • Article 1 - Definitions
  • Article 2 - Identity of the entrepreneur
  • Article 3 - Applicability
  • Article 4 - Offered products
  • Article 5 - The contract
  • 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 - Compliance and warranty
  • Article 11 - Delivery and implementation
  • Article 12 - Payment
  • Article 13 - Complaints
  • Article 14 - Disputes
  • Article 15 - Additional or different terms

 

Article 1 - Definitions

In these terms and conditions the following definition shall apply:

  1. Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person, not acting in as a representative of a business, who enters into a contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a contract concerning a range of products and / or services, the supply and / or purchase of which is spread over a period of time;
  5. Durable medium: any means that enables the consumer or business to store information adressed to him personally in a way that future consultation and unaltered reproduction of the stored information is possible.
  6. Right of withdrawal: the ability for consumers to waive the contract within the reconsideration period;
  7. Entrepreneur: the natural or legal entity that supplies products and / or remote services to the consumer;
  8. Distance contract: an agreement in which, within the framework of an organized system developed by the entrepreneur for the selling of products and / or services at a distance, all communication concerning the agreement is conducted by means of distance communication;
  9. Technology for distance communication: a means that can be used to conclude a contract, without the consumer and entrepreneur having come together physically.

 

Article 2 - Identity of the entrepreneur

My7Ways
Oud Loosdrechstedijk 69d
1231LR Loosdrecht

Phone: +31 (0) 20 8100416
E-mail: info@my9ways.com

Chamber of Commerce number: 51828596
VAT identification number: NL850189718B01

 

Article 3 - Applicability

  1. These Terms and Conditions apply to every offer of the entrepreneur and to any agreement reached at a distance between entrepreneur and consumer.
  2. Before concluding a distance contract, the text of these general conditions are made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed that theTerms and Conditions are available for inspection with the entrepreneur will be sent at the request of the consumer as quickly as possible without any charge.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions be made available to the consumer electronically in such a way that they can be stored on a durable medium by the consumer in a simple way. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed of where the Terms and Conditions can be found in electronic form or that they, at the request of the consumer, will be sent electronically or otherwise without charge.
  4. In the event that, in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply, and in case of conflicting terms the consumer can always rely on the applicable provisions that are most favorable for him.

 

Article 4 - Offered products

  1. If an offer has a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images of products, these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  3. Each offer contains such information, that it is clear to the consumer what rights and obligations, are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any costs of delivery;
    • how the agreement will be concluded and which actions this will require;
    • whether the right of withdrawal is applicable;
    • the method of payment, delivery and execution of the contract;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • whether the agreement after is filed after the conlclusion, and if so in what way these consumer can consult this file;
    • the way in which the consumer, before the conclusion of the contract, can monitor and if necessary edit his personal details;
    • any languages in which the contract can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult this code of conduct.

 

Article 5 - The contract

  1. The agreement is established, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the imposed conditions.
  2. If the consumer has accepted offer electronically, the entrepreneur will immediately confirm acceptance of the offer electronically. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
  4. The entrepreneur can - within the boundaries set by the law - investigate whether the consumer can meet payment obligations, as well as all facts and factors that are important to a sound conclusion of the distance contract. If the entrepreneur is justified, based on this investigation, not to enter into the contract, he is entitled to refuse an order or to attach special conditions.
  5. The entrepreneur will supply with the product or service the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    1. the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
    2. the conditions and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information on guarantees and after-sales service;
    4. The information listed in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur already provided this information to the consumer prior to the execution of the agreement;

 

Article 6 - Right of withdrawal

  1. When purchasing products, the consumer can cancel the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer or a representative which was previously designated by the consumer andannounced to the entrepreneur.
  2. During the period the consumer will treat the product and packaging with care. He will only unpack or use the product as necessary to assess whether he would prefer to keep it. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in their original condition and packaging to the entrepreneur in conformity with the instructions provided by the entrepreneur.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, costs will not exceed the cost of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.

 

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude a consumer from the right of withdrawal to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the contract..
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been produced or modified by the entrepreneur in accordance to the specifications of the consumer;
    2. that are clearly personal in nature;
    3. which by their nature can not be returned;
    4. that rapidly decay or become obsolete;
    5. whose price depends on fluctuations in the financial market outside the entrepreneur's control;
    6. for individual newspapers and magazines;
    7. for audio and video recordings and computer software of wich the consumer has broken the seal.

 

Article 9 - The price

  1. During the period mentioned in the offer prices of the products and / or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that the price may be influenced by them, are stated in the offer.
  3. The listed prices include VAT.

 

Article 10 - Compliance and Warranty

  1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and existing legal provisions and / or government regulations on the date of the conclusion of the contract. If agreed upon before the contract is concluded, the entrepreneur also ensure that the product is suitable for other than normal use.
  2. Any waranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer under the contract may assert against the entrepreneur.

Article 11 - Delivery and implementation

  1. The entrepreneur will exercise the greatest possible care in receiving and in the execution of orders.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in Article 4 of these Terms and Conditions, the entrepreneur will execute any accepted orders with due speed, but within at the most 30 days, unless a longer delivery has previously been agreed upon. If the delivery is delayed, or if an order is not or only partially carried out, the consumer will be notified of this no later than 30 days after the order was placed. In this case the consumer has the right to cancel the contract without penalty and be entitled to compensation.
  4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount that consumer has paid as soon as possible but no later than 30 days after dissolution.
  5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement product. Before delivery the consumer will be informed in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any returns will be borne by the entrepreneur.
  6. The risk of damage and / or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a representative of the consumer which was pre-designated and announced to the entrepreneur previously, unless otherwise expressly agreed.

Article 12 - Payment

  1. Unless otherwise agreed, owed payments by the consumer need to be paid within 14 days of the start of the period referred to in Article 6 paragraph 1.
  2. If a prepayment is agreed upon, the consumer may not assert any rights regarding the execution of the order or service(s), before this advance payment has been made.
  3. The consumer has the duty to report any inaccuracies in the supplied payment details to the entrepreneur immediately.
  4. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the customer for all reasonable costs that were communicated to the consumer in advance.

 

Article 13 - Complaints

The entrepreneur has a well-publicized complaints procedure and resolves any complaints under this procedure.

Complaints about the execution of the agreement should take be submitted to the entrepreneur promptly, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint takes a foreseeable longer processing time, then the entrepreneur will respond within the period of 14 dayswith a message confirming receipt and indicating when the consumer can expect a more detailed answer.

If the complaint can not be resolved by mutual agreement this creates a dispute that is subject to the dispute procedure outlined below.

Article 14 - Disputes

  1. On agreements between the entrepreneur and the consumer on which these general Terms and Conditions are applicable, only Dutch law applies.

Article 15 - Additional or different terms

  1. Additional provisions or provisions which differ from these Terms an Conditions must not disadvantage the consumer and must be recorded in writing or in such a way that they are available to the consumer in an accessible manner and can be stored on a durable medium.