GENERAL TERMS & CONDITIONS SKUNQY
Article 1 – Definitions
In these terms and conditions the following definitions apply:
- Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Contract for a specific period of time: a contract that provides for the regular supply of goods, services and/or digital content for a specific period of time;
- Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
- Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I of these Terms and Conditions;
- Method for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur
Tech-Sol B.V. (owner of the brand SKUNQY)
Postal address: Maanlander 47, 3824MN Amersfoort, The Netherlands
Chamber of Commerce number: 78730953
Btw-identificatienummer: NL861511219B01
Owner: M. B. Lok
SKUNQY can be reached every day by e-mail at info@skunqy.nl.
Article 3 – Applicability
- These general conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed and that they will be sent free of charge at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may 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 conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
- In case specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply accordingly. The consumer can always rely on the applicable provision that is most favourable to him in case of conflicting conditions.
Article 4 – The offer
- If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content 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 reflection of the products, services and / or digital content offered. Apparent mistakes or obvious errors in the offer will not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
- The agreement comes into effect, subject to the provisions in paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may – within legal frameworks – inform the consumer about his payment obligations, as well as all those facts and factors that are important for a sound 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 refuse an order or application or to attach special conditions to the implementation.
- The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information in writing, or provide it in such a way that the consumer can store the information on a durable medium, send:
- The visiting address of the trader’s business establishment where the consumer can lodge complaints;
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the information on guarantees and existing service after purchase;
- the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
- The consumer can terminate a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
- The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a previously designated third party by the consumer, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
- in case of contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, has received the first product.
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer received this information.
Article 7 – Obligations of the consumer during the reflection period
- 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 determine the nature, features and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for depreciation in value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he shall notify the trader within the reflection period by means of the model withdrawal form or in any other unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. In any case, he consumer has complied with the return period if he or she returns the product before the reflection period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the clear and reasonable instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return.
- If the consumer withdraws after first explicitly requesting the performance of the service shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount that is proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
- The consumer does not bear any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in the event of withdrawal or the model form for withdrawal, or;
- the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
- The consumer shall not bear any cost for the full or partial delivery of digital content not delivered on a tangible medium, if:
- he has not expressly consented to the commencement of performance of the contract before the end of the reflection period prior to its delivery;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the trader has failed to confirm this declaration by the consumer.
- If the consumer makes use of his right of withdrawal, all supplementary contracts will be void.
Article 9 – Obligations of the trader in the event of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgement of receipt of this notification without delay.
- The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
- The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
- Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or gets the opportunity to be personally present at the auction, led by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
- the execution has started with the consumer’s explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely executed the agreement;
- Package holidays as referred to in article 7:500 Civil Code and contracts of passenger transport;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a certain date or period of performance;
- Products made to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that are irrevocably mixed with other products after delivery due to their nature;
- Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
- Newspapers, magazines or journals, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
- The execution has started with the express prior consent of the consumer;
- and the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
- During the period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may charge fluctuating prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned within the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect. - The prices mentioned in the offer of products or services include VAT.
Article 12 – Compliance with agreement and additional warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfil his part of the agreement.
- Extra guarantee means any commitment from the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfil his part of the contract.
Article 13 – Delivery and execution
- The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in Article 4 of these general conditions, the entrepreneur shall execute order not later than 30 days after their acceptance, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be executed or can be executed only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid without delay.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a designated third party, unless otherwise expressly agreed.
Article 14 – Contract for a specific period of time: duration, termination and renewal
Termination:
- The consumer may at any time terminate a contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, in accordance with the applicable termination rules and a notice not exceeding one month.
- The consumer may at any time at the end of the fixed term terminate a contract for a specified period and that extends to the regular delivery of products (including electricity) or services, in accordance with the applicable termination rules and a notice not exceeding one month.
- In relation to the agreements mentioned in the previous paragraphs, the consumer can:
- terminate at all times 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 or her;
- always terminate them with the same notice as the entrepreneur has stipulated for himself.Extension:
- An agreement that has been entered into for a specified period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
- Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term of up to three months, if the consumer is able to terminate this renewed contract towards the end of the renewal period, with a period of notice that does not exceed one month.
- A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate at any time with a notice of up to one month. The notice period is up to three months if the contract concerns the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular supply, by way of a trial period, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period:Duration:
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness prevents cancellation before the end of the agreed term.
Article 15 – Payment
- Insofar not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.
- The consumer has the duty to notify the entrepreneur immediately of inaccuracies in payment details provided by him or her.
- If the consumer does not meet his payment obligation(s) on time, he or she will, after the failure to pay within the 14-day period, and after being notified by the entrepreneur of the late payment and having been given 14 days to meet his payment obligations, owe the statutory interest on the amount due. The entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may depart from the amounts and percentages stated for the benefit of the consumer.
Article 16 – Complaints procedure
- The entrepreneur shall arrange for a sufficiently publicized complaints procedure and shall handle complaints in accordance with this procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated 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 message of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer should in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute resolution procedure.
Article 17 – Disputes
Contracts between the entrepreneur and the consumer to which these general conditions apply, are subject to Dutch law only.
Article 18 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store these provisions in an accessible way on a durable data carrier.
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Attachment I: Model form for withdrawal
You can fill in this form and send it back when you want to withdraw the agreement with Tech-Sol B.V.
I/We* herewith declare that i/we* want to withdraw from our agreement on the following products:
_______________________________________________________ (description of the product )
Ordered on: __________________________________________ (fill in on which date you ordered the product)
Received on: _______________________________________ (fill in on which date you received the product)
Name: ___________________________________________________________ (write your name)
Address:
autograph: ___________________________ (whenever this phrase is written on paper)
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