ARTICLE 1 -Definitions
ARTICLE 2 - Identity of the entrepreneur
ARTICLE 3 - Applicability
ARTICLE 4 - The offer
ARTICLE 5 - The agreement
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 - Duration transactions
ARTICLE 13 - Payment
ARTICLE 14 - Complaints procedure
ARTICLE 15 - Disputes
ARTICLE 16 - responsible
ARTICLE 17 - Additional or different terms
ARTICLE 1 - Definitions
In these conditions the following terms have the following meanings: Reflection period: the period within which the consumer can exercise his right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur; Day: calendar day; Duration transaction: a distance contract with regard to a series of products and / or services, of which the delivery and / or purchase obligation is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who is a member of the Stichting Webshop Keurmerk and offers products and / or services to consumers at a distance; Distance contract: an agreement in which, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, only one of more techniques for distance communication is used; Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same space.
ARTICLE 2 - Identity of the entrepreneur A.v.d.V parts.
mill packer 24; 5087AS Diessen;
Phone number: 0031611370661
E-mail address: - info@avdvparts.com
Chamber of Commerce number: 60269782
VAT identification: NL151825063B01
ARTICLE 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. most beneficial.
ARTICLE 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular: - the price including taxes; - the possible costs of delivery (for first delivery); - the way in which the agreement will be concluded and which actions - are required for this; - whether or not the right of withdrawal applies; - the method of payment, delivery and implementation of the agreement; - the period for accepting the offer, or the period within which the entrepreneur guarantees the price; - the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; - whether the agreement will be archived after its conclusion, and if so on which - how it can be consulted by the consumer; - the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired; - any other languages in which, in addition to Dutch, the contract can be concluded; - the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; - the minimum duration of the distance contract in the event of an extended transaction.
ARTICLE 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those 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 reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service 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: a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing after-sales service; d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 - Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, physically take possession of the good. To exercise the right of withdrawal, you must inform us, Tekmo Nederland., Molenacker 24, 5087AS Diessen, 0611370661, info@tekmonederland.nl, by means of an unambiguous statement (e.g. in writing by post, fax or e-mail). of your decision to withdraw from the contract. You can use our @mail veins for withdrawal for this, but you are not obliged to do so. To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired. You can also send an email for withdrawal or another clearly formulated statement electronically and send it via our website. If you make use of this option, we will immediately send you a confirmation of your withdrawal on a durable medium (for example by e-mail). Consequences of the withdrawal If you revoke the agreement, you will receive all payments you have made up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us) and in any case no later than 14 days after we have been notified of your decision to withdraw from the contract. We will refund you with the same payment method as you used to perform the original transaction, unless you have expressly agreed otherwise; in any case, you will not be charged for such refund. You are only liable for the depreciation of the goods resulting from the use of the goods, we do not take back goods that have become discolored by heat so that they have become unsaleable for us. We may wait with a refund until we have received the goods back. - electrical products are not eligible for refund.
ARTICLE 7 - Costs in case of withdrawal
1. You must return or hand over the goods to us without delay, but in any case no later than 14 days after the day on which you notified the decision to withdraw from the contract. You are on time if you return the goods before the 14-day period has expired. We will bear the costs of returning the goods excluding the shipping cost for sending to the customer and back.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.
ARTICLE 8 - Exclusion of right of withdrawal
Excluded from the right of withdrawal is a consumer purchase that concerns the delivery of:
- products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- products that spoil quickly or have a limited shelf life;
- products that are not suitable for return for reasons of health protection or hygiene and for which the seal has been broken after delivery;
- Unique products, specially made for the consumer are not exchanged;
- products that by their nature are irrevocably mixed with other goods;
- alcoholic drinks the price of which has been agreed upon the purchase, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market on which you have no influence;
- audio and video recordings and computer software of which the seal has been broken after delivery;
- newspapers, magazines or magazines, except for an agreement for the regular supply of such publications (a subscription).
ARTICLE 9 - The price
1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. Discount codes can no longer be used after an order has been placed.
ARTICLE 10 - Compliance and Warranty
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the statutory requirements existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement
ARTICLE 11 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 - Duration transactions Cancellation
1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period. up to one month.
3. The consumer can the agreements mentioned in the previous paragraphs: - cancel at any time and not be limited to cancellation at a specific time or in a specific period; - at least cancel in the same way as they have entered into by him;> br> - always cancel with the same notice period as the entrepreneur has stipulated for himself. Extension
4. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
5. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a limited period of up to three months, if the consumer extended it. can terminate the agreement by the end of the extension with a notice period of no more than one month.
6. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period Expensive
8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration. resist.
ARTICLE 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this term after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or service of the entrepreneur can also be submitted via a complaint form from the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent to the entrepreneur concerned as well as to the Webshop Trustmark.
5. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
ARTICLE 15 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements with regard to products and services to be delivered or delivered by this entrepreneur, can be submitted to the consumer and the entrepreneur, with due observance of the provisions below. Disputes Committee Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute has arisen.
5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to do that, the consumer will have to state in writing within five weeks after a request made in writing by the entrepreneur whether he wishes to do so or whether he wants the dispute to be handled by the competent court. The entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by binding advice.
7. The Disputes Committee will not handle a dispute or discontinue its treatment if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been made.
8. If, in addition to the Webshop Disputes Committee, another recognized Disputes Committee or a member of the Disputes Committee for Consumer Affairs (SGC) or the Complaints Institute for Financial Services (Kifid) is authorized, the Disputes Committee for Webshop is responsible for disputes relating mainly to the method of distance selling or services. exclusion authorized. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
ARTICLE 16 - Responsibility
We are not responsible for any damage caused by our products.
ARTICLE 17 - Additional or different terms
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.