Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or performance obligations of which are spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's possibility 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: a contract concluded in the context of a system organized by the entrepreneur for the distance selling of products and/or services, whereby only one or more techniques for distance communication are used up to and including the conclusion of the contract;
Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space simultaneously.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: GDR-Trading
Chamber of Commerce number: 81567286
Trade name: BouwPakket
VAT number: NL003577803B63
Customer service email: info@bouwpakket.com
Business address: Biezenveld 90, 7943MD, Meppel, The Netherlands
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and 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 are available for inspection with the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible.
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 medium. 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 to the consumer electronically or in another way free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially void or voided at any time, the agreement and these conditions shall remain in force for the rest and the relevant provision shall be replaced in mutual consultation immediately by a provision that comes as close as possible to the original.
Situations not regulated in these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
Uncertainties regarding the explanation or content of one or more provisions of our terms and conditions shall be explained 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
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.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
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, excluding customs clearance costs and import VAT. These additional costs will be borne by and at the risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services for the import. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
the possible shipping costs;
the manner in which the contract will be concluded and which actions are necessary for this;
the applicability of the right of withdrawal;
the method of payment, delivery, and execution of the contract;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for communication at a distance if the costs of using the technique for communication at a distance are calculated on a different basis than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
how the consumer, prior to concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The agreement
The agreement is concluded, subject to the
provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. 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 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.
The entrepreneur can inform himself within legal frameworks 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 supported by reasons or to attach special conditions to the execution.
The entrepreneur will send the following information 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, at the latest upon delivery of the product, service, or digital content, 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 entrepreneur's business establishment where the consumer can go with complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing service after purchase;
the price, including all taxes on the product, service, or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery, or implementation of the distance contract;
the requirements for canceling 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 the event of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
With products:
When purchasing products, the consumer has the option to dissolve 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 designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off 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 supplied 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.
If the consumer wishes to make use of his right of withdrawal, he is obliged to report this to the entrepreneur within 14 days after receiving the product. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
With services:
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 with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return shall be borne by the consumer at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 8 - Exclusion of right of withdrawal
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.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual 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;
whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.
Article 9 - The price
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 due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
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 range of products or services are inclusive of VAT.
Article 10 - Conformity and warranty
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 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.
A warranty 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 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 entrepreneur.
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 cannot or only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the preceding paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Continuing performance transactions: duration, cancellation, and extension
Cancellation:
The consumer can at all times cancel an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services with due observance of the termination rules agreed for this purpose and a notice period of up to one month.
The consumer can at all times terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services, at the end of the fixed term, with due observance of the agreed termination rules and a notice period of up to one month.
Extension:
An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
Contrary to the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily newspapers, weeklies, and magazines may be tacitly renewed for a fixed term of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.
An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily newspapers, weeklies, and magazines.
An agreement with a limited duration to regularly deliver daily newspapers, weeklies, 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 after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed term.