The following definitions are used within these conditions:
- Entrepreneur: the legal or natural person who offers services and/or products to consumers;
- Consumer: a natural person not acting in the exercise of a profession or business, who enters into a distance contract with the entrepreneur;
- Agreement: a (purchase) agreement that is concluded exclusively via distance communication techniques;
- Distance communication technique: technique used to conclude an agreement, without the entrepreneur and the consumer being simultaneously present in the same room;
- Grace period: The period during which the consumer can make use of his or her right of withdrawal;
- Right of withdrawal: the option for the consumer to withdraw from the (distance) contract within the set cooling-off period;
- Day: calendar day
- Continuing performance contract: a distance contract relating to a series of products for which the obligation to supply and/or purchase is spread over time;
- Durable medium: every means that enables the consumer or trader to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible;
Article 2 Identity of the entrepreneur:
Zoof Wheelchairs BV
6101 XK Echt
Article 3 Applicability:
- The general terms and conditions apply to every distance (purchase) agreement reached between the entrepreneur and the consumer and to every offer made by the entrepreneur;
- The text of the general terms and conditions shall be made available to the consumer prior to the conclusion of the distance contract. At the moment that this is not reasonably possible. Will the entrepreneur, before the agreement or distance is concluded, indicate that the general conditions at the entrepreneur to see and at the consumer’s request as quickly as possible be sent free of charge;
- When the distance contract is concluded electronically, in deviation from paragraph 2, before the distance contract is concluded the text of these general terms and conditions may be made available to the consumer by electronic means, in such a way that the consumer is able to store them easily on a durable data carrier. At the moment that this is not reasonably possible. Will the entrepreneur, before the agreement or distance is concluded, indicate where the general conditions electronically can be taken note of and that the entrepreneur, at the request of the consumer, electronically or by alternative means will be sent free of charge;
- In the event that product-specific or specific service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may invoke the applicable provision that is most favourable to him or her.
Article 4 – The offer:
- If an offer is made subject to conditions or has a limited validity period, this must be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses illustrations or photographs, these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- The price including tax
- Possible delivery costs
- The way in which the agreement is concluded and what actions are required
- Applicability or otherwise of the right of withdrawal
- The method of payment used and the manner of delivery or performance of the contract
- The period of acceptance of the offer; or the period of validity of the offer
- The rate charged for the remote communication when this differs from the basic rate
- Way of archiving the realisation if applicable and how it can be consulted by the consumer
- Possible languages, other than Dutch, in which the agreement may be concluded
- The applicable codes of conduct to which the trader adheres and the way in which the consumer can consult these codes of conduct via electronic channels
- The minimum duration of the distance contract in the case of a contract for continuous or periodic delivery of products or services
Article 5 – The Agreement:
- The agreement comes into effect, subject to that which is stipulated in paragraph 4, when the consumer accepts the offer and when the conditions thereby stipulated are fulfilled.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organisational measures for securing the electronic transfer of data and will ensure a safe web environment. When the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
- The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, but also of facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to reject an order or application or to make its implementation subject to special conditions;
- The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can easily store it on a durable medium:
- The visiting address of the trader where the consumer can lodge complaints;
- The conditions under which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
- The information on applicable warranties and after-sales service;
- The data included in article 4, paragraph 3 of these terms and conditions, except when the entrepreneur has already provided this data to the consumer at an earlier stage;
- The requirements for cancellation of the contract when the contract has a duration of more than one year or is indefinite.
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in paragraph 5 only applies to the first delivery.
Article 6a – Right of withdrawal on delivery of products:
- When purchasing products, the consumer has the option to cancel the agreement without reason within 14 days. This period commences on the day following receipt of the product by, or on behalf of, the consumer.
- During this period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. When the consumer makes use of the right of withdrawal, the product shall be returned with all delivered accessories and, where reasonably possible, in the original condition and packaging to the entrepreneur, under the realistic and clear instructions provided by the entrepreneur.
Article 6b – Right of withdrawal in the case of the supply of services:
- In the case of the provision of services, the consumer has the option to cancel the contract without reason within 14 days, starting on the day of entering into the contract.
- To make use of the right of withdrawal, the Consumer shall follow the realistic and clear instructions provided by the Entrepreneur at the time of the offer and/or at the latest during the delivery on site.
Article 7 – Costs in case of withdrawal:
- When the consumer makes use of the right of withdrawal, the costs of return shipment shall be borne by the consumer at most.
- If the consumer has paid an amount, the trader will refund this amount as quickly as possible, with a maximum of 30 days, after the return or withdrawal.
Article 8 – Exclusion of the right of withdrawal:
- If the consumer does not have a right of withdrawal, the trader shall clearly and timely state this in the offer, i.e. before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
- Which have been realised by the trader in accordance with the consumer’s specifications
- Which are undoubtedly of personal origin
- Which cannot be returned due to their nature
- That soon age or decay
- That have a price linked to fluctuations on the financial market over which the entrepreneur has no influence
- For individual magazines or newspapers
- For video and audio recordings and computer software of which the seal has been broken by the consumer
- Exclusion of the right of withdrawal is only possible for services:
- Concerning transport, accommodation, catering or leisure activities to be carried out on a given date or during a given period
- Of which the delivery has commenced with the consumer’s explicit consent before the cooling-off period has expired
- On lotteries and betting
Article 9 – The price:
- During the validity period mentioned 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.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices must be stated with the offer.
- Price increases within three months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from three months after the conclusion of the contract are only allowed if the entrepreneur has determined this and:
- They are the result of legal provisions or regulations
- The consumer has the authority to cancel the contract on the day on which the price increase takes effect
- The prices of products or services mentioned in the offer include VAT.
Article 10 – Compliance and Warranty:
- The entrepreneur ensures that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
- An arrangement offered as a guarantee by the trader, importer or manufacturer does not affect the rights and claims the consumer may exercise against the trader in the area of a shortcoming in the fulfilment of the trader’s obligations based on the law and/or the distance contract.
- Warranty on delivered goods only applies if the goods are used and maintained as intended, and within the limitation as set by the manufacturer
- The Entrepreneur only accepts liability as a result of damage caused by the use of delivered goods and/or services up to a maximum of the purchase price of the delivered good or service. The entrepreneur excludes liability as a result of damage caused by the use of goods manufactured or services provided by a third party
Article 11 – Delivery and execution:
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The address which the consumer has made known to the trader is deemed to be the place of delivery.
- Taking into account what is stated in article 4 of these general conditions, the company will execute accepted orders with urgency but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be delivered or can only be delivered in part, the consumer will be informed about this at the latest one month after he has placed the order. The consumer in that case has the right to cancel the agreement without costs and the right to possible compensation.
- In case of cancellation according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.
- If the delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest during delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 – Duration transactions:
- The consumer may cancel an agreement entered into for an indefinite period of time at any time, taking into account the agreed cancellation rules and a cancellation period of no more than one month.
- An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that the distance contract shall be extended in the event of silence on the part of the consumer, the contract shall be continued as a contract for an indefinite period of time and the period of notice after continuation of the contract shall be a maximum of one month.
Article 13 – Payment:
- Insofar as not otherwise agreed upon, the amounts owed by the consumer should be paid within 14 days after delivery of the product or, in case of an agreement for the provision of a service, within 14 days after the issue of the documents relating to this agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
- The consumer has the obligation to immediately inform the entrepreneur of any inaccuracies in payment data provided or mentioned.
- In the event of non-payment on the part of the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs previously announced to the consumer.
Article 14 – Complaints procedure:
- The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the contract must be submitted to the entrepreneur within a reasonable time, clearly and completely described, after the consumer has found the defects.
- Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 Intellectual property:
The consumer explicitly acknowledges that all rights of intellectual property of displayed information, announcements or other expressions regarding the products and/or regarding the internet site belong to Zoof Wheelchairs B.V., its suppliers or other claimants.
Article 16 Personal data:
Article 17 Applicable law and competent court:
All offers made by Zoof Wheelchairs B.V., its agreements and their execution are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention is explicitly excluded.
Article 18 Links
Article 19 Your rights
You can always ask Zoof Wheelchairs B.V. which of your personal details are being processed. For this purpose, you can send an email. You can also ask Zoof Wheelchairs B.V. by email to apply improvements, additions or other corrections, which Zoof Wheelchairs B.V. will process as soon as possible. Should you no longer wish to receive information, you can inform Zoof Wheelchairs B.V. of this. Sending information is only done when you have provided your email address.
Article 20 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing in such a way that the consumer can store them in an accessible manner on a long-term data carrier.