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 right of withdrawal

Article   9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, cancellation and renewal< /p>

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions:

 

Reflection time: the period within which the consumer can use m exercising his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract with regard to a series of products and/or services, the delivery 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 enables future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to to waive the distance contract within the cooling-off period;

Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance ;

Remote agreement: an agreement in which, 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 remote communication techniques;

10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting in the same room at the same time.

11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur< /strong>

Dartshop Midden Nederland (Kommer VOF);

De Standerd 27 3774SC KOOTWIJKERBROEK;

0342-480065

Email address: verkoop@dartshopmn.nl

Chamber of Commerce -number: 09092900

VAT identification number: NL805227325B01

 

If the activity of the entrepreneur is subject to a relevant licensing system: the

data about the supervisory authority:

 

If the entrepreneur practices a regulated profession:

-       the professional association or organization to which he is affiliated;

-       the professional title, the place in the EU or the European Economic Area where it is awarded;

-       a reference to the professional rules that are applicable in the Netherlands and indicate sing where and how these professional rules are accessible.

 

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer.

Before the agreement is concluded remotely, the text of these general terms and conditions is 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.

If the distance contract is concluded electronically, notwithstanding 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 can be stored in a simple way 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 they will be sent free of charge at the request of the consumer electronically 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 apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. which is most favorable to him.

If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the agreement and these terms and conditions will remain in effect for the rest and will the provision in question will be replaced without delay by mutual agreement with a provision that the purport of the original approached as much as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the explanation or content of one or more provisions of our terms and conditions, must be interpreted 'in the spirit' of these terms and conditions.

 

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 is without obligation. 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. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are associated with the acceptance of the product. offer are connected. This concerns in particular:

the price including taxes;

any shipping costs;

the manner in which the agreement will be established and which actions are required for this;

whether or not the right of withdrawal is applicable;

the method of payment, delivery and execution of the agreement;

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the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

the level of the rate for distance communication if the costs of using the technology for distance communications are calculated on a different basis than the regular basic rate for the means of communication used;

whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance agreement in case of a duration transaction.

Optional: available sizes, colours, type of materials.

 

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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 ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as about 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 with reasons, or to attach special conditions to the execution.

The entrepreneur will product or service to the consumer 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 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 manner 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 warranties and existing after-sales service;

d. the information included in Article 4 paragraph 3 of these terms and 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 of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph is only applies to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons during 14 days. This cooling-off period starts on the day after 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 in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer uses wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. 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 shipment.

If the customer has not indicated that he wishes to use exercise his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least 14 days, commencing on the day of entering into the agreement. the agreement.

To make use of his right of withdrawal, the consumer will refer to 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 uses makes use of his right of withdrawal, at most the costs of return will be for his account.

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 online retailer or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method that was used by the consumer unless the consumer expressly gives permission for another payment method. </p >

In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.

The consumer cannot be held liable for reduction in value of the product if the entrepreneur not all legally required information about the right of withdrawal has been provided, this must be done before the conclusion of the purchase agreement.

 

 

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion g of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

a. that have been established by the entrepreneur in accordance with the consumer's specifications;

b. which are clearly personal in nature;

c. which by their nature cannot be returned;

d. that can spoil or age quickly;

e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;

b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;

c. regarding betting 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 as a result of changes in VAT rates.

In In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.

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:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Applicable rates for shipping costs are stated on the page "Rates and payment".

 

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 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 warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer has against under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's 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 regarding the use or application of the products.

The warranty does not apply if :

The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;

The delivered products have been exposed to abnormal conditions or are otherwise careless treated or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or the quality of the materials used.

 

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving taking orders and when executing 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 paragraph 4 of this article, the company will carry out accepted orders expeditiously but at the latest within 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 times 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, refund.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account 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 to the entrepreneur announced representative, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, cancellation and extension

Cancellation

The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity). included) or services, at all times with due observance of the agreed cancellation rules and a notice period of no more than one month. products (including electricity) or services, at any time by the end of the e terminate for a definite period with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to cancellation at a specific time or in a specific period;

at least cancel in the same way as they entered into by him;

always cancel with the same notice period as the entrepreneur for himself has stipulated.

Extension

An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a specified duration of maxim Once three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of at most one month.

An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended 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 no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration to the regular delivery of -, 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 after one year with a notice period of no more than one month, unless reasonableness and fairness oppose ing before the end of the agreed term.

 

Article 13 - Payment

Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection 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 confirmation of the agreement.

The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment 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 sufficiently published complaints procedure and handles the complaint in accordance with in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.

To the entrepreneur Complaints submitted 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 reply within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint is not in can be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

In case of complaints, a consumer must first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, or the replace or repair the delivered products free of charge.

 

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.

The Vienna Sales Convention does not apply.

 

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or on in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier