Terms of Conditions De Groene Luifel BV , located at Oudekerkstraat 12 4524 CV Sluis .
Article 1 – Definitions :
1.1 The Agreement: any agreement whereby De Groene Luifel BV delivers goods.
1.2 Customer: the customer of the goods mentioned in the previous paragraph .
1.3 Withdrawal period: the period within which the consumer can make use of his right of withdrawal.
1.4 Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time.
1.5 Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information.
1.6 Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period.
1.7 Trader the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and/or services to consumers from a distance.
1.8 Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded.
1.9 Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same place at the same time.
Article 2 – Identity of the trader :
2.1 Name trader:
De Groene Luifel BV
Oudekerkstraat 12 4524 CV Sluis
T : +31 ( 0 ) 117-451731
F : +31 ( 0 ) 117-461404
E : info@www.degroeneluifel.nl
W : www.degroeneluifel.nl
Chamber of Commerce: 63644819
VAT: NL855331562B01
2.1 Time(s) at which the trader can be contacted by telephone:
Monday / Saturday from 09:00 to 18:00 hours .
Sunday 10.00 – 18.00.
Article 3 – Applicability :
3.1 These general terms and conditions apply to every made by an trader and to every distance contract that is realised between an trader and a consumer.
3.2 Prior to the conclusion of a distance contract, the 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 this is not reasonably possible, before the distance contract is closed, indicating that the general conditions can be seen on www.degroeneluifel.nl.
Article 4 – The offer :
4.1 If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
4.2 The offer contains a complete and accurate description of the products and/or services being offered. 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.
4.3 Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
- the price, including taxes;
- any costs of delivery;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the contract;
- the period for accepting the offer or the period for which the trader guarantees the price;
- the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
- if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
- the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.
Article 5 – The contract:
5.1 The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
5. 2 If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
5.3 If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
The entrepreneur can – within the law – to inform or the customer can meet its payment The trad
5.4 The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5.5 Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
- the office address of the trader’s business location where the consumer can lodge complaints;
- the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
- information on guarantees and existing after-sales service;
- the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
- the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
Article 6 – Right of withdrawal:
6.1 When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during fourteen days. This period commences on the day after the product was received by the consumer or a representative previous designated by the consumer and announced to the trader.
6.2 During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
6.3 When services are supplied, a consumer has the possibility of dissolving the contract, without giving reasons, during at least fourteen days, starting on the day when the contract was concluded.
6.4 In order to make use of his right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions that the trader provided when the offer was made and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal :
7.1 If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
7.2 If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
7.3 The costs of the shipping of the order, will not be credited .
Article 8 – Preclusion from right of withdrawal :
8.1 The trader can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
8.2 Preclusion from the right of withdrawal is only possible for products:
- That have been created by the trader in accordance with the consumer’s specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature ;
- That rapidly decay or become obsolete;
- The price of which is subject to fluctuations on the financial market over which the trader has no influence.
Article 9 – Price :
9.1 During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
9.2 Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
9.3 Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
9.4 Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and they are the result of statutory regulations or stipulations.
9.5 The consumer is authorized to terminate the contract on the day on which the price increase takes effect.
9.6 Prices stated in offers of products or services include VAT.
Article 10 – Conformity and Guarantee:
10.1 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 serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
10.2 A guarantee arrangement offered by the trader, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against the trader.
10.3 Giving advice is at your own request and responsibility .
10.4 No rights can be deduced if and as far the recommendations , the desired result is not achieved .
Article 11 – Supply and implementation:
11.1 The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
11.2 The place of delivery is deemed to be the address that the consumer makes known to the company.
11.3 Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
11.4 In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
11.5 Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.
11.6 The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
11.7 The company has against all odds the right to, optionally, postpone the execution of the customer order or to terminate the agreement without judicial intervention, by notifying the customer in writing.
11.8 Against all odds is defined as any failure that cannot be ascribed to the trader.
Article 12 – Payment :
12.1 As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to provide a service this 14 days start on the moment the consumer receives the traders confirmation of the contract.
12.2 If payment is agreed , the customer can assert regarding the execution of the order , before the advance payment has been made. No right
12.3 The customer has the duty to report inaccuracies of information provided during the ordering process, to the trader.
12.4 In case of nonpayment, the trader has the right by statutory limitations to charge reasonable costs made known in advance to the customer.
Article 13 – Complaints procedure:
13.1 The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
13.2 Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
13.3 A reply to complaints submitted to the trader will be provided within a period of 7 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 7 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
Article 14 – Disputes :
14.1 Contracts entered into between an trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
14.2 Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Foundation MKBkeurmerk – PO Box 76-7550 AB Hengelo, by either the customer or the trader, with due observance of that which is stipulated below.
14.3 The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
14.4 The dispute should be submitted to the Disputes Committee, in writing, at the latest by three months after the dispute arose.
14.5 If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. If it is at the wishes of the trader, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court
14.6 Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice. 14.7 The Disputes Committee will not deal with a dispute – or will terminate their intervention – if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.
14.8 If another disputes committee that is recognized or affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) is competent, in addition to the MKBkeurmerk Committee, the latter will have exclusive jurisdiction for disputes relating mainly to the method of distance sales or services. For all other disputes, this applies to the other disputes committees recognized by the SGC or affiliated with the Kifid.
Article 15 – Additional or different stipulations:
15.1 Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
Article 16 – Customer Details:
16.1 All information provided by the customer will be treated with discretion . The information will not made available to third parties or used for other purposes . The specified information will only be used in the administration of the trader.
16.2 On this website, data of general visitors are maintained, without the possibility that individuals can be traced. It involves tracking data to optimize the website and with the aim of establishment the most consulted pages or products.
16.3 No customer information will be disclosed to third parties unless the operator is required to do so under Dutch mandatory legal rules , by authorized bodies .
Article 17 – Cookies:
17.1 What are cookies ?
Cookies are small data packets that are downloaded by the website you ‘re currently visiting on your device. On a subsequent visit this website cookies ensure that your device is recognized immediately. By using this website, cookies can temporarily store information about visits and visitors . Other websites may recognize your device using the same cookies. Per visit, various types of cookies are used .
17.2 Via cookies a visit to a website can be made more personal, by:
- To show relevant navigation settings.
- To remember preferences of visitors.
- To improve the overall user experience.
- Limiting the number of displayed ads.
17.3 The use of cookies by Web shop degroeneluifel.nl
When visiting web shop degroeneluifel.nl you automatically agree with cookies being placed on your device by degroeneluifel.nl.
17.4 Web shop degroeneluifel.nl submit the information it has collected , in addition to other information you have provided about yourself or alongside other data collected for purposes of the Terms and Conditions of web shop degroeneluifel.nl listed via cookies .
17.5 If you do not want web shop degroeneluifel.nl place cookies on your device , you can refuse the use of cookies via your browser settings or options . You may not thereafter use some parts of web shop degroeneluifel.nl ( correctly).
Article 18 – Disclaimer :
18.1 The content of the sections on this web shop is for informational purposes only . Always consult a doctor or physician for appropriate diagnosis and treatment .
18.2 Before using the products you bought in this web shop always carefully read the information on the packaging and / or user manual.
18.3 for all products purchased on this web shop applies : since there is no control of the use of the products mentioned may be exercised, the trader accept no liability resulting from improper use, negligence or damage caused directly or indirectly.
18.4 This web shop has been compiled with the utmost care. The operator is not liable for any damages resulting from alleged medical advice, inaccuracies and / or omissions .
18.5 The information provided on this store may not be used for commercial purposes , in any other manner, without the prior written consent of the trader.