General Terms and Conditions:
Table of Contents:
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 - Conformity and Guarantee
Article 11 - Delivery and Performance
Article 12 - Long-Term Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 1 - Definitions In these terms and conditions, the following definitions apply:
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Reflection period: the period during which the consumer can make use of his right of withdrawal;
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Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
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Day: calendar day;
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Long-term transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
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Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
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Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period;
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Model withdrawal form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wishes to make use of his right of withdrawal.
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Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
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Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for communication on distance are used;
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Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
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General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur Peugeot Boutique (part of La Scuderia)
Maxwellstraat 11
1704 SG in Heerhugowaard
Telephone number: 072-5727271 (Warehouse)
Email address:
Chamber of Commerce number: 55934986
VAT identification number: 851914202B01
Article 3 - Applicability
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These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
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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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
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If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store them 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 viewed electronically and that they will be sent free of charge electronically or in another way at the request of the consumer.
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In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
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If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions will remain in force and the relevant provision will be replaced in mutual consultation immediately by a provision that the scope of the original approaches as much as possible.
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Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
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Ambiguities about the interpretation or content of one or more provisions of our conditions must be explained "in the spirit" of these general terms and conditions.
Article 4 - The Offer
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If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
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The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
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The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
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Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The Agreement
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The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
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If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic 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.
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If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
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The entrepreneur can - within legal frameworks - inquire about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated, or to attach special conditions to the execution.
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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 data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the data 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.
- In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of Withdrawal When delivering products:
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When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
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During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services: 3. When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.
Article 7 - Costs in Case of Withdrawal
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If the consumer makes use of his right of withdrawal, the costs of return will be at most for his account.
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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 withdrawal.
Article 8 - Exclusion of Right of Withdrawal
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The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
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Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;
d. that spoil or become obsolete quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
b. of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. regarding bets and lotteries.
Article 9 - The Price
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During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
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Contrary to the previous 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, at variable prices. The offer will state the possibility of fluctuations and the fact that any mentioned prices are target prices.
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Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
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Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the range of products or services include VAT.
Article 10 - Conformity and Guarantee
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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 legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
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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 based on the agreement.
Article 11 - Delivery and Execution
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The entrepreneur will exercise the utmost care in receiving and fulfilling orders for products and in assessing requests for services.
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The address provided by the consumer to the company is considered the place of delivery.
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Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders promptly but no later than within 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed or if an order cannot be executed, or only partially, the consumer will be notified within 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
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All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a deadline does not entitle the consumer to compensation.
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In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
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If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a substitute item. Clear and understandable notice that a substitute item will be delivered will be given at the latest upon delivery. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
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The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative of the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Extension Termination
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The consumer can terminate an agreement for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month.
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The consumer can terminate an agreement for a definite period that involves the regular delivery of products (including electricity) or services at any time by the end of the specified duration, observing the agreed termination rules and a notice period of up to one month.
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The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and is not limited to termination at a specific time or during a specific period;
- at least terminate in the same manner as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
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An agreement entered into for a definite period that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
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Contrary to the previous paragraph, an agreement entered into for a definite period that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of up to one month.
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An agreement entered into for a definite period that involves the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
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An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
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Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
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The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
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In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 - Complaints Procedure
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The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
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Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
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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 respond within the 14-day period with a receipt confirmation and an indication of when the consumer can expect a more detailed response.
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If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
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A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
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If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.