General Terms and Conditions
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 who is not engaged in a professional or business and enters into a distance contract with the entrepeneur.
- Agreement: a (purchase) agreement that is concluded exclusively via distance communication techniques.
- Distance communication technique: a technique used to conclude an agreement where the entrepreneur and the consumer are not simultaneously present in the same room
- Grace period: Duration period within which the customer can exercise his or her right of withdrawal.
- Right of withdrawal: the consumer’s option to cancel or withdraw from the (distance) contract within a specified cooling-off period
- Day: calendar day
- Continuing performance contract: a distance contract that pertains to a collection of products where the commitment to provide and/or purchase is distributed over a certain period of time.
- Durable medium: any method that allows the consumer or trader to store information intended specifically for them in a way that enables future access and exact reproduction of the stored information without any alterations.
Article 2 Identity of the entrepreneur:
Zoof Wheelchairs BV
6101 XK Echt
CHAMBER OF COMMERCE: 72477180
Article 3 Applicability:
- The general terms and conditions are applicable to all distance agreements established between the entrepreneur and the consumer, as well as to any offer presented by the entrepreneur;
- The consumer shall be provided with the text of the general terms and conditions before finalizing the distance contract. At the moment that this is not reasonably possible. The entrepreneur will indicate, prior to the conclusion of the agreement or distance, that the general conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge upon request as soon as possible;
- In the case of concluding the distance contract electronically, contrary to paragraph 2, the text of these general terms and conditions may be provided to the consumer electronically in a manner that allows the consumer to easily store them on a lasting data medium. At the moment that this is not reasonably possible. The entrepreneur shall, before the agreement or distance is concluded, specify the electronic location where the general conditions can be accessed, and inform the consumer that, upon request, the entrepreneur will provide the general conditions electronically or through alternative means, free of charge;
- If there are specific conditions applicable to a particular product or service, in addition to the general terms and conditions, the second and third paragraphs will apply accordingly. In the case of conflicting general terms and conditions, the consumer has the right to invoke the provision that is most favorable to them.
Article 4 – The offer:
- If an offer is made subject to conditions or has a restricted period of validity, it is essential to mention these explicitly in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description provides sufficient detail for the consumer to accurately evaluate the offer. The illustrations or photographs used by the entrepreneur accurately represent the products and/or services being 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
- How the agreement is concluded and what actions are required
- Applicability or otherwise of the right of withdrawal
- The payment method used and the manner of delivery or performance of the contract
- The acceptance period of the offer; or the period of validity of the offer
- The rate charged for remote communication when differs from the basic rate
- Way of archiving the realization 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 how the consumer can consult these codes of conduct via electronic channels.
- The minimum duration of the distance contract in case of the existence of a contract for continuous or periodic delivery of products or services
Article 5 – The Agreement:
- Subject to the provisions stated in paragraph 4, the agreement takes effect upon the consumer’s acceptance of the offer and the fulfillment of the specified conditions.
- Upon the consumer’s electronic acceptance of the offer, the entrepreneur is obligated to promptly provide an electronic confirmation of the receipt of acceptance. The consumer has the right to dissolve the agreement as long as the confirmation of acceptance has not been provided.
- In the case of an electronically created agreement, the entrepreneur will implement suitable and organizational measures to secure the transmission of data and maintain a safe web environment. When the consumer is able to pay electronically, the entrepreneur will implement appropriate security measures.
- Within legal frameworks, the entrepreneur has the right to gather information to assess the consumer’s ability to fulfill payment obligations and other relevant facts and factors necessary for a responsible conclusion of the distance contract. If, based on the investigation, the entrepreneur has valid reasons to refrain from entering into the agreement, they have the right to reject an order, an application or impose special conditions on its implementation;
- The entrepreneur will give the consumer the necessary information about the product or service in a written format or in a way that can easily be saved for future reference:
- The visiting address of the trader where the consumer can lodge complaints;
- The conditions and how 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 indefinite.
- Paragraph 5 only applies to the first delivery if the entrepreneur has committed to providing a series of products or services.
Article 6a – Right of withdrawal on delivery of products:
- The consumer has the choice to cancel the agreement within 14 days without providing any reasons when purchasing products. This period begins the day after the consumer receives the product, either personally or on their behalf.
- During this period, the consumer is responsible for handling the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to judge whether he/ she wishes to keep the product. When exercising the right of withdrawal, the consumer must return the product to the entrepreneur, including all accessories that were delivered, and if reasonably possible, in its original condition and packaging. The entrepreneur will provide clear and practical instructions for the return process.
Article 6b – Right of withdrawal in the case of the supply of services:
- For service provisions, the consumer has the right to cancel the contract within 14 days, starting from the day the contract was entered into, without needing to provide any reason.
- In order to exercise the right of withdrawal, the consumer must adhere to the practical and clear instructions provided by the entrepreneur, which are given at the time of the offer and/or during the on-site delivery at the latest.
Article 7 – Costs in case of withdrawal:
- When exercising the right of withdrawal, the responsibility for covering the costs of return shipment lies on the consumer.
- Following the return of the withdrawal, the trader will expeditiously reimburse the consumer for the amount paid, ensuring that the refund is processed within a maximum period of 30 days.
Article 8 – Exclusion of the right of withdrawal:
- Before entering into any agreement, the trader is obligated to clearly and promptly communicate to the consumer whether they have the right of withdrawal or not.
- The exclusion of the right of withdrawal is applicable to specific products:
- Which have been custom-made by the trader in accordance with the consumer’s specifications
- Which are undoubtedly of a personal nature
- 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 transportation, 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:
- Throughout the mentioned offer’s validity period, the process of the products and/or services provided will remain unchanged, except for adjustments resulting from variations in VAT rates.
- In contrast to the preceding paragraph, the Entrepeneur reserves the right to offer products or services at variable prices, which may be subject to fluctuations in the financial market beyond the Entrepeneur’s control. The offer must explicitly state the link to fluctuations and emphasize that any prices mentioned are recommended prices.
- 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 fulfillment 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 publicized 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.