Terms and Conditions Universal Vision Consultancy
Index:
Article 1 - Definitions
Article
2 - Identity of the entrepreneur
Article 3 -
Applicability
Article 4 - The offer
Article 5 - The
contract
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 execution
Article
12 - Duration transactions: duration, cancellation and
extension
Article 13 - Payment
Article 14 - Complaints
procedure
Article 15 - Disputes
Article 16 - Additional or
deviating provisions
In these
conditions:
Cooling-off period: the
period within which the consumer can make use of his right of
withdrawal;
Consumer: the natural person who does not act in the
exercise of profession or business and enters into a distance
contract with the entrepreneur;
Day: calendar day;
Transaction
duration: a distance contract relating to a series of products and /
or services, of which the supply 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 makes future consultation and
unaltered reproduction of the stored information possible.
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 offers products and / or services to
consumers at a distance;
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 distance communication are used;
Technique for
distance communication: means that can be used for concluding an
agreement, without the consumer and trader being in the same room at
the same time.
Article 2 -
Identity of the entrepreneur
- Frans
Langenkamp, director of Universal Vision Consultancy;
-
Address: Donaustraat 188, 8226 LC Lelystad;
- Telephone number:
0320 25 83 02. Can be reached daily from 2 pm to 5 pm.
- E-mail
address: franslangenkamp@freeler.nl
- Chamber of Commerce
number: 39078257
- VAT identification number: NL007492203B01
Article
3 - Applicability
These general terms and conditions apply to every offer made by the
entrepreneur and to every distance contract that is realized between
the entrepreneur and the consumer.
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 as soon as
possible at the request of the consumer.
If the distance contract is concluded electronically, by way of
derogation from the previous paragraph and before the distance
contract is concluded, the text of these general terms and conditions
can be made available electronically to the consumer in such a way
that the consumer can a simple way can be 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 at the
request of the consumer they will be sent free of charge by
electronic means or otherwise.
In the event that specific product or service conditions apply in addition
to these general terms and conditions, the second and third
paragraphs shall apply mutatis mutandis and the consumer may in the
event of conflicting general terms and conditions always invoke the
applicable provision that is most favorable to him. is.
Article
4 - The offer
If an offer has a
limited period of validity or is made subject to conditions, this
will be explicitly stated in the offer.
The offer contains a
complete and accurate description of the offered products and / or
services. The description is sufficiently detailed to allow a proper
assessment of the offer by the consumer. If the entrepreneur uses
images, these are a true reflection of the offered products and / or
services. Obvious mistakes or errors in the offer do not bind the
entrepreneur.
Each offer contains such information that it
is clear to the consumer what rights and obligations are attached to
the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of delivery;
the
way in which the contract will be concluded and which actions are
necessary for this;
whether or not the right of withdrawal
applies; the method of payment, delivery and execution of the
agreement; the period for accepting the offer or the period within
which the entrepreneur guarantees the price; the level of the tariff
for distance communication if the costs of using the technique for
distance communication are calculated on a basis other than the
regular basic tariff for the means of communication used; whether the
agreement is filed after the conclusion and, if so, how it can be
consulted by the consumer; the way in which the consumer, prior to
concluding the contract, can check the data provided by him under the
contract and repair it if necessary; any other languages in
which, in addition to Dutch, the agreement can be concluded; the
codes of conduct to which the trader is subject and the way in which
the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an
extended transaction.
Article
5 - The contract
The agreement is
subject to the provisions of paragraph 4, concluded at the moment of
acceptance by the consumer of the offer and the fulfillment of the
contract. the conditions set. If the consumer has accepted the offer
electronically, the entrepreneur will immediately confirm
electronically the 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. If the
agreement is created electronically, the entrepreneur will take
appropriate technical and organizational measures to secure the
electronic transfer of data and he will ensure a secure web
environment. If the consumer can pay electronically, the entrepreneur
will observe appropriate security measures. 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
the entrepreneur based on this investigation 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.
With the product or service the entrepreneur will send the following
information, in writing or in such a way that it can be stored by the
consumer in an accessible manner on a durable medium: the visiting
address of the establishment of the entrepreneur where the consumer
with complaints can go; 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; the
information about guarantees and existing service after purchase; 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; 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 only applies to
the first delivery.
Article
6 - Right of withdrawal Upon delivery of products:
When purchasing products, the consumer has the option to
terminate the contract without giving any reason for 14 days . This
cooling-off period commences on the day following receipt of the
product by the consumer or a representative appointed in advance by
the consumer and made known to the entrepreneur. During the
reflection period, the consumer will handle the product and packaging
carefully. He will only unpack or use the product to the extent that
is 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: When providing services, the consumer has the
option to terminate the contract without giving reasons for at least
fourteen days, starting on the day of entering into the agreement. In
order to make use of his right of withdrawal, the consumer will focus
on the reasonable and clear instructions provided by the entrepreneur
with the offer and / or at the latest with the delivery.
Article
7 - Costs
in case of withdrawal If
the consumer makes use of are repeating law, will not exceed the cost
of returning the goods. 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 cancellation.
Article
8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the right of withdrawal of the
consumer insofar as provided for in paragraph 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. Exclusion of the right of withdrawal is only
possible for products: which have been created by the entrepreneur in
accordance with the specifications of the consumer; that are clearly
personal in nature; which can not be returned due to their nature;
that can spoil or age quickly; the price of which is subject to
fluctuations in the financial market on which the entrepreneur has no
influence; for loose newspapers and magazines; 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: concerning accommodation, transport, restaurant business or
leisure activities to be performed on a certain date or during a
certain period; the delivery of which commenced with the express
consent of the consumer before the reflection period has expired;
regarding betting and lotteries.
Article
9 - The price
During the period
mentioned in the offer, the prices of the offered products and / or
services are not increased, except for price changes due to changes
in VAT rates. Contrary to the previous paragraph, the entrepreneur
can offer products or services whose prices are subject to
fluctuations in the financial market and where the entrepreneur has
no influence, with variable prices. This link to fluctuations and the
fact that any mentioned prices are target prices are mentioned in the
offer. Price increases within 3 months after the conclusion of the
contract are only permitted if they are the result of statutory
regulations or provisions. Price increases from 3 months after the
conclusion of the contract are only permitted if the entrepreneur has
stipulated this and: these are the result of statutory regulations or
stipulations; whether the consumer has the authority to terminate the
agreement with effect from the day on which the price increase takes
effect. The prices mentioned in the offer of products or services
include VAT.
Article
10 - Conformity and Warranty
The
trader guarantees that the products and / or services comply with the
agreement, the specifications stated in the offer, the reasonable
requirements of soundness and / or usability and the legal provisions
and / or government regulations existing on the date of the
conclusion of the agreement. If agreed, the entrepreneur also
guarantees that the product is suitable for other than normal use. A
guarantee provided by the entrepreneur, manufacturer or importer does
not affect the legal rights and claims that the consumer can assert
on the basis of the agreement with the entrepreneur.
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 place of delivery is the address that
the consumer has made known to the company. With due observance of
what is stated in article 4 of these general terms and conditions,
the company will execute accepted orders expeditiously but no later
than 30 days, unless a longer delivery period has been agreed. If the
delivery is delayed, or if an order can not or only partially be
executed, the consumer will receive notification of this no later
than 30 days after he has placed the order. In that case, the
consumer has the right to terminate the contract without penalty and
the right to any compensation. 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 30
days after termination. If delivery of an ordered product proves to
be impossible, the entrepreneur will endeavor to make a replacement
article available. At the latest at the time of delivery, it will be
stated in a clear and comprehensible manner that a replacement item
will be delivered. For replacement items right of withdrawal can not
be excluded. The costs of any return shipment are at the expense of
the entrepreneur. 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 made known to the entrepreneur, unless
explicitly agreed otherwise.
Article
12 - Duration transactions: duration, termination and renewal
Termination
The consumer can enter
into an agreement for an indefinite period and which extends to the
regular delivery of products (electricity including) or terminate
services at any time with due observance of the agreed cancellation
rules and a notice period of no more than one month. The consumer can
terminate an agreement that has been concluded for a definite period
and which extends to the regular delivery of products (including
electricity) or services, at any time by the end of the stipulated
term, with due observance of the agreed cancellation rules and a
notice period of at least highest one month. The consumer can
terminate the agreements mentioned in the previous paragraphs: at any
time and not be limited to termination at a specific time or in a
specific period; at least cancel in the same way as they were entered
into by him; always cancel with the same notice period as the
entrepreneur has stipulated for himself. Extension A contract that
has been entered into for a definite period and that extends to the
regular delivery of products (including electricity) or services may
not be tacitly renewed or renewed for a fixed term. Contrary to the
previous paragraph, a contract that has been entered into for a
definite period and which extends to the regular delivery of daily
news and weekly newspapers and magazines may be tacitly renewed for a
fixed term of a maximum of three months, if the consumer agrees to
this extended agreement. the end of the extension can be canceled
with a notice period of no more than one month. A contract that has
been entered into for a definite period and that extends to the
regular delivery of products or services may only be tacitly renewed
for an indefinite period if the consumer may cancel at any time with
a notice period of no more than one month and a notice period of at
most 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. A contract of 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. Duration If an
agreement has a duration of more than one year, the consumer may
terminate 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.
Article
13 - Payment
Unless otherwise
agreed, the amounts owed by the consumer must be paid within 14 days
after the commencement of the cooling-off period as referred to in
Article 6 paragraph 1. In the event of an agreement to provide a
service, this period starts after the consumer has received the
confirmation of the agreement. When selling products to consumers, a
prepayment of more than 50% can never be stipulated in general terms
and conditions. If payment in advance is stipulated, the consumer can
not assert any rights regarding the execution of the order or service
(s), before the stipulated advance payment has taken place. The
consumer has the duty to report inaccuracies in provided or stated
payment details to the entrepreneur without delay. 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
The
entrepreneur has a well-publicized complaints procedure and handles
the complaint in accordance with this complaint procedure. Complaints
about the execution of the agreement must be submitted to the
entrepreneur within a reasonable time, fully and clearly described,
after the consumer has discovered the defects. 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 period of
14 days with a notice of receipt and an indication when the consumer
can expect a more detailed answer. If the complaint can not be
resolved by mutual agreement, a dispute arises that is subject to the
dispute settlement.
Article
15 – Disputes
Dutch law applies
exclusively to agreements between the entrepreneur and the consumer
to which these general terms and conditions apply.
Article
16 - Additional or deviating provisions
Supplementary
or of these general terms and conditions deviating from the
provisions 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 medium.