Terms & Conditions
Table of Contents
Article 1 - Definities
Article 2-Identity of the entrepreneur
Article 3-Applicability
Article 4-The offer
Article 5-The Agreement
Article 6 - Herroepings right
Article 7-Costs in the event of withdrawal
Article 8-Exclusion of the right of withdrawal
Article 9-The price
Article 10-Conformity and guarantee
Article 11-Delivery and implementation
Article 12-Endurance transactions: duration, termination and extension
Article 13 - Betaling
Article 14-Clause rules
Article 15 - Geschillen
Article 16-Additional or derogating provisions
Article 1 - Definities
For the purposes of these conditions:
Thinking time: 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 a profession or business and enters into a remote agreement with the entrepreneur;
Day: calendar day;
Endurance transaction: a distance agreement in relation to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to renounce the remote contract within the reflection period;
Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in if he wishes to use his right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers;
Distance agreement: an agreement whereby, in the context of a system organized by the entrepreneur for remote sales of products and/or services, up to and including the conclusion of the agreement, only one or more remote communication techniques are used;
Technology for remote communication: means that can be used to conclude an agreement without the consumer and entrepreneur concurrently converging in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2-Identity of the entrepreneur
Bus Management Services BV trading under the name Brochetterie Jolie.
Walborg 17
1082 AM Amsterdam.
Netherlands
E info@brochetteriejolie.nl
KVK 34150272
VAT number NL809490572B01
Article 3-Applicability
These general terms and conditions apply to any offer of the entrepreneur and to any concluded remote agreement and orders between entrepreneur and consumer.
Before the remote agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the remote contract is concluded, it will be indicated that the general terms and conditions will be viewed by the entrepreneur and, at the request of the consumer, they will be sent free of charge as soon as possible.
If the remote agreement is concluded electronically, by way of derogation from the previous paragraph and before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer electronically in such a way as to be easily stored by the consumer on a sustainable data carrier. If this is not reasonably possible, before the remote contract is concluded, it will be indicated where the general terms and conditions can be communicated electronically and that they will be sent without charge at the request of the consumer electronically or by other means.
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, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favorable to him.
If one or more provisions in these general terms and conditions are wholly or partially null or void at any time, then the agreement and these conditions will remain otherwise and the relevant provision will be replaced by mutual agreement without delay by a provision that would affect the scope of the original.
Situations not governed by these Terms and Conditions should be assessed 'in the mind' of these Terms and Conditions.
Unclarity about the explanation or content of one or more terms of our terms and conditions should be interpreted 'in the mind' of these general terms and conditions.
Article 4-The offer
If an offer has a limited period of validity or is made under certain conditions, this is explicitly stated in the offer.
The offer is non-committal. The entrepreneur is entitled to change and adjust the offer.
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, these are a true representation of the products and/or services offered. Apparently mistakes or apparent errors in the offer do not bind the entrepreneur.
All of the images, specs of data in the offer are indicative and cannot prompt damages or dissolution of the agreement.
Images with products are a true representation of the products offered. 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 the rights and obligations are associated with the acceptance of the offer. In particular, this concerns:
The price including taxes;
The cost of dispatch;
The way in which the agreement will be concluded and what actions will be required;
Whether or not the right of withdrawal applies;
The method of payment, delivery and execution of the agreement;
The term for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
The rate for remote communication if the cost of using the technology for remote communication is calculated on a basis other than the regular basic rate for the means of communication used;
Whether the agreement is archived after its conclusion, and if so on which it can be consulted for the consumer;
The way in which, before the conclusion of the contract, the consumer can verify and, if desired, restore the data provided by him under the contract;
Any other languages in which, in addition to Dutch, the agreement may be concluded;
The codes of conduct to which the entrepreneur has submitted himself and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the remote agreement in the case of a duration transaction.
Article 5-The Agreement
Subject to the provisions of paragraph 4, the agreement shall be concluded 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 entrepreneur shall without delay acknowledge receipt of the acceptance of the offer by electronic means. As long as the agreement 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 safeguard the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can inform-within legal frameworks-whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the contract at a distance. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse a reason to refuse an order or request or to attach special conditions to the execution.
In the case of the product or service, 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 way on a sustainable data carrier:
The conditions under which and the way in which the consumer can exercise the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
The information on guarantees and existing service after purchase;
The data set out in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided such data to the consumer before the performance of the agreement;
The requirements for termination of the agreement if the agreement has a duration of more than one year or is open-ended.
In the case of an expensive transaction, the provision in the previous paragraph applies only to the first delivery.
Any agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Herroepings right
When purchasing products, the consumer has the opportunity to dissolve the agreement for 14 days without stating reasons. This reflection period starts on the day after the receipt of the product by the consumer.
During the reflection period, the consumer will carefully handle the product and packaging. 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 the accessories delivered and-if reasonably possible-in its 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 make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model form or by means of another means of communication, such as by e-mail. After the consumer has indicated 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 in time, for example by means of proof of dispatch.
If, at the end of the time limits referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal resp. Has not returned the product to the entrepreneur, the buy is a fact.
Article 7-Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, a maximum of the costs of the return shall be incurred.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. 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 submitted. Refund will be made using the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any impairment of the product.
The consumer cannot be held liable for the depreciation of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Article 8-Exclusion of the right of withdrawal
The economic operator may exclude the consumer's right of withdrawal for products as defined 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:
Established by the entrepreneur in accordance with consumer specifications;
Which are clearly personal in nature;
Which by their nature cannot be returned;
Which can quickly spoil or age;
The price of which is tied to fluctuations in the financial market in which the entrepreneur has no influence;
For hygienic products whose seal the consumer has broken.
Article 9-The price
During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This bound by fluctuations and the fact that any quoted prices are target prices are stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only allowed if they are the result of legal arrangements or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has negotiated this and:
These are the result of legal arrangements or provisions; or
The consumer has the power to terminate the contract from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10-Conformity and guarantee
The entrepreneur ensures 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 accepts that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported in writing within 2 months of the discovery of the lack to the entrepreneur.
The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice with regard to the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or processed the delivered products himself or has been repaired and/or processed by third parties;
The products supplied have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the direction of the entrepreneur and/or handled on the packaging;
The inequality is in whole or in part the result of regulations that the government has set or will impose with regard to the nature or quality of the materials used.
Article 11-Delivery and implementation
The entrepreneur will observe the utmost care when receiving and executing orders of 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.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with a competent speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the 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 he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement available. At the latest upon 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 cost of any return is 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 representative designated in advance and disclosed to the entrepreneur, unless otherwise explicitly agreed.
Article 12-Endurance transactions: duration, termination and extension
Denunciation
The consumer may cancel a contract that has been entered into for an indefinite period and which serves the regular delivery of products or services, at any time subject to agreed termination rules and a notice period of no more than one month.
The consumer may cancel a contract that has been entered into for a fixed period and which serves the regular delivery of products or services, at any time by the end of the specified period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may:
Denial at all times and not be limited to termination at a specific time or period;
At least terminate in the same way as they have been entered into by him;
Always cancel with the same notice period as the entrepreneur has negotiated for himself.
Extension
An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may not be tacitly renewed or renewed for a certain period.
By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specified period of up to three months, If the consumer can cancel this extended agreement by the end of the extension with a notice period not exceeding one month.
An agreement entered into for a fixed period of time, which extends to the regular delivery of products or services, It may only be tacitly renewed for an indefinite period if the consumer is allowed to cancel at any time with a notice period not exceeding one month and a notice period not exceeding three months in the event that the contract requires the delivery of daily, news and weekly magazines and magazines regulated, but less than once a month.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Betaling
Insofar as otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment data provided or mentioned to the entrepreneur without delay.
In the event of consumer default, the entrepreneur has the right to charge the reasonable costs previously disclosed to the consumer, subject to legal restrictions.
Article 14-Clause rules
The entrepreneur has a sufficiently disclosed complaint procedure and deals with the complaint in accordance with this complaint procedure.
Complaints about the implementation of the agreement must be submitted in full and clearly defined to the entrepreneur within 2 months, after the consumer has found the defects.
Complaints submitted to the entrepreneur are 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 message of receipt and an indication of when the consumer can expect a more comprehensive response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is open to the dispute settlement.
In case of complaints, a consumer must first of all turn to the entrepreneur. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
If a complaint is found to be valid by the entrepreneur, the entrepreneur will of her choice replace or repair the delivered products free of charge.
Article 15 - Geschillen
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer is resident abroad.
The Vienna Purchase Treaty does not apply.
Article 16-Additional or derogating provisions
Any provisions that deviate 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.