General Conditions/Terms
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Contents:
- Article 1- Definitions
- Article 2- Corporate Identity/Entrepreneur
- Article 3- Relevance
- Article 4- Offer
- Article 5- Agreement
- Article 6- Right of Withdrawal
- Article 7- Withdrawal Costs
- Article 8- Exclusion Right of Withdrawal
- Article 9- Pricing
- Article 10- Conformity and Guarantees
- Article 11- Delivery and Execution
- Article 12- Length transactions: duration, termination and extension
- Article 13- Payments
- Article 14- Complaints
- Article 15- Disputes
- Article 16- Additional and Different Provisions
- Article 17- General Conditions/Terms Post Payments
Article 1 - Definitions
In these Conditions/Terms the following definitions are applicable:
- Consideration time:
- the term during which the consumer can execute the right of withdrawal.
- Consumer:
- the natural person not dealing on behalf of a company or profession and who comes to a
distance
agreement with the entrepreneur.
- Day:
- calendar day
- A length transaction:
- a distance agreement related to a series of products and services of which the delivery
obligation
and the purchasing are spread over a period of time.
- Durable Medium:
- any instrument which enables the recipient or the entrepreneur to store information
addressed
personally to them in a way accessible to future reference for a period of time adequate
to the
purpose of the information and which allows the unchanged reproduction of the
information stored.
- Right of Withdrawal:
- the possibility for the consumer to terminate the distance agreement within the
consideration
term.
- Entrepreneur:
- the natural person or corporation who offers distance products to consumers.
- Distance Agreement:
- an agreement based on a corporate organized system of distance sales of products and
services
including the closing of an agreement using one or more techniques of distant
communication.
- Technique of distant Communication:
- a means that can be used to close an agreement without the consumer and the entrepreneur
have
gathered together in the same place and at the same time.
Article 2- Corporate Identity/Entrepreneur
Identity:
Company: Skate-dump.com
Address:
Armeniaans Schuitvlot 20
4331NL Middelburg
Phone: 0031118627779
E-mail: info@skate-dump.nl
CoC-number: 86853821
VAT Identitynumber: NL864116214B01
If the activity of the entrepreneur is submitted to a relevant licensing system: the data of the
supervisory
authority.
If the entrepreneur pursues a regulated profession:
The professional association of which the entrepreneur is a member:
The profession, the location in the EU or in the European Economic space where this profession
has been
assigned:
A reference to the professional rules which apply in the Netherlands and instructions where and
how
accessible these professional rules are.
Article 3- Relevance
These general conditions/terms apply to any offer of the entrepreneur and to every finalized
distance
agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general conditions/terms is being
made available
to the consumer. If this is reasonably not possible that before the distance agreement is
concluded, it will
be indicated that the general conditions/terms can be seen at the entrepreneur and on request of
the
consumer these general conditions/terms shall be sent to the consumer as soon as possible
without extra
costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and
before the
distance agreement is concluded, the text of the general conditions/terms can be made available
electronically to the consumer in such a way that the text can be saved in a simple way on a
durable medium.
If this is reasonably not possible that before the distance agreement is concluded it will be
indicated
where the consumer can find the general conditions/terms electronically and that these
conditions/terms at
the consumer?s request will be sent electronically or otherwise to the consumer without extra
cost.
For the case that besides these general conditions/terms, specific product and service
conditions are also
applicable, the second and third article are mutatis and in case of conflicting conditions/terms
the
consumer can appeal on the relevant conditions/terms which are the most favorable for the
consumer.
Article 4- Offer
If an offer has a limited validity or has other specifications, this will be emphatically
mentioned.
The offer contains a complete and accurate description of the offered products and services. The
description
is sufficiently detailed to enable a proper consumer?s assessment of the products/services. The
images used
by the entrepreneur are true representations of the products and services. Obvious mistakes and
errors do
not bind the entrepreneur.
Each offer contains such information that it is clear for the consumer which rights and
obligations are
related to the offer when it is accepted by the consumer. This concerns in particular:
price inclusive taxes
possible costs of delivery
the manner in which the agreement has been concluded and the necessary signatures
whether to apply the right of withdrawal
the method of payment, delivery and performance of the contract
the deadline for accepting the offer or the period within which the entrepreneur guarantees the
price
the level of the rate for distance communication if the costs for the usage of the technology
for distance
communication are calculated on another ground than the regular fare for communication
if the agreement after the conclusion is archived and if so how to consult it for the consumer
the manner in which the consumer, before concluding the agreement, can check and if necessary
also restore
the information provided by hem under the agreement
any other languages, including Dutch, for the agreement
the codes of conduct to which the entrepreneur is subject and the manner in which the consumer
can consult
electronically the codes of conduct; and
the minimum duration of the distance agreement in the event of a length transaction.
Article 5- The Agreement
The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer
accepts the
offer and meets the conditions.
If the consumer has accepted electronically the offer, the entrepreneur immediately confirms
electronically
that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed
the
acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical
and
organizational measures to protect the electronic data transfer and that he will ensure a safe
web
environment. If the consumer can pay electronically, the entrepreneur will observe the necessary
security
measures.
The entrepreneur can notify or check, within the legal framework, if the consumer can meet the
payment
obligations, and also check all important facts and factors which are needed to finalize a sound
distance
agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement
then he is
entitled to motivate and to refuse an order/ request or he can connect special conditions to the
execution
of the offer.
The entrepreneur shall send the following information with the products or services, written or
in such a
manner that the consumer can store in an accessible way the data on a durable medium:
a. The address of the company for the consumer to file complaints
b. The conditions and the way how the consumer can execute the right of withdrawal and a clear
indication
related to the exclusion of the right of withdrawal.
c. Information about after sales guarantees and services
d. Article 4 paragraph 3 unless the entrepreneur has already sent this information before the
execution of
the agreement.
e. The requirements for termination of the agreement if the agreement has a duration of one year
or more or
of if it has an indefinite duration.
In case of a length transaction the previous clause e. is only applicable for the first
delivery.
Article 6- Right of Withdrawal
Deliverance of products:
After purchasing products the consumer has the possibility to disband the agreement without
giving reasons
during 14 days. The cooling off period starts on the day after the consumer receives the product
or a
pre-designated representative by the consumer made known to the entrepreneur.
During the cooling off period the consumer shall treat the product and the package carefully. He
shall
unpack or use the product only to that extent to as far as it is necessary to judge if he wishes
to keep the
product. If he does want to execute the right of withdrawal, he shall return the product with
all
accessories and -if reasonably possible- in the original conditioning and packaging to the
entrepreneur, in
accordance with the provided reasonable and clear instructions of the entrepreneur.
Deliverance of Services:
After the deliverance of services the consumer has the possibility to disband the agreement
without giving
reasons during at least 14 days, commencing on the day of the entering into the agreement.
In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear
instructions provided by the entrepreneur at the offer or finally at the deliverance of the
service.
Article 7- Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of
returning
the product.
If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as
possible but no
later than within 14 days after the repeal or after the return shipment.
Article 8- Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in
paragraph 2
and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly
mentioned this
at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
a. Which are established by the entrepreneur according to specifications of the consumer
b. That they are clearly personal in nature
c. Which cannot be returned because of their nature
d. That can spoil or age quickly
e. Whose price is bound to fluctuation on the financial market which the entrepreneur has no
influence
f. Individual newspapers and magazines
g. 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 the following services:
a. Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a
certain
period.
b. Whose delivery has begun with the express consent of the consumer before the consideration
period has
expired.
c. Concerning betting and lotteries
Article 9- Pricing
During the validity period mentioned in the offer, the prices of the offered products and
services shall not
be raised save for price changes due to changing VAT rates.
Notwithstanding the previous paragraph the entrepreneur can offer products and services with
variable prices
when these prices are subject to fluctuations on the financial market and where the entrepreneur
has no
influence. This bondage to fluctuations and the fact that the mentioned prices are target prices
will be
mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if
they are
the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has
stipulated
this and:
a. These are the result of legal regulations or provisions; or
b. The consumer has the competence to terminate the agreement from the day the price increase
takes effect.
The in the offer mentioned prices include VAT.
Article 10- Conformity and Guarantees
The entrepreneur ensures that the products and services measure up to the agreement, ensures the
in the
offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and
ensures on
the date of the establishment the existing legal provisions and/or government regulations. If
agreed the
entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the
rights and
claims which the consumer under the agreement can put forward against the entrepreneur.
Article 11- Delivery and Execution
The entrepreneur shall observe in utmost care the reception and execution of orders of products
and when
assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the
delivery
place.
Taking into account what is stated in article 4 of the general conditions/terms , the
entrepreneur shall
execute the accepted orders expeditiously but not later than within 30 days unless a longer
period has been
agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the
consumer is
notified about this no later than 30 days after he placed the order. In that case the consumer
has the right
to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous paragraph the entrepreneur shall pay
back the
amount that the consumer has paid as soon as possible but no later than 30 days after the
termination.
If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to
make
available a replacement product. At least before the delivery it will be mentioned in a clear
and
understandable manner that a replacement product will be delivered. The right of withdrawal
cannot be ruled
out with regard to replacement products. The costs of a possible return shipment come at the
expense of the
entrepreneur.
The risk of damage and/or loss of products rest with the entrepreneur until the moment of
delivery at the
consumer or a pre-designated and an announced representative to the entrepreneur, unless
otherwise expressly
agreed. If you receive a damaged product, you should report this by email within three days. You
can send
this email to:
info@skate-dump.nl
Article 12- Length transactions: duration, termination and extension
Terminate
The consumer can terminate at any time an agreement which has been entered for an indefinite
period and
which extends to regular delivery of products (electricity included) and services respecting the
applicable
termination rules of a notice of not more than one month.
The consumer can terminate at any time an agreement entered for a definite period and which
extends to
regular delivery of products (electricity included) or service at the end of the definite period
respecting
the applicable termination rues of a notice of not more than one month.
The consumer can in the agreements in the previous mentioned paragraph:
at all times terminate with no restrictions to terminate at a certain time or during a certain
period
at least terminate in the same manner as they are entered into by him
at all times terminate with the same notice as the entrepreneur has obtained for himself.
Extension
An agreement which has been entered for a definite time and which extends to a regular delivery
of products
(including electricity) or services may not automatically be extended or renewed for a fixed
duration.
Notwithstanding the previous paragraph an agreement which has been entered for a definite time
and which
extends to a regular delivery of daily newspapers, weeklies and magazines may be extended
automatically for
a specified duration of three months. If the consumer can terminate this extended agreement at
the end of
the extension period with a notice of one month.
An agreement which has been entered for a definite time and which extends to a regular delivery
of products
and services, may only be automatically extended for an indefinite period if the consumer at any
time
terminate with a notice period of no more than one month and a notice period of no more than
three months if
the in case the agreement extends to a regular delivery, but less than one time per month, of
daily
newspapers, weeklies and magazines.
An agreement which has been entered for a definite time and which extends to a regular delivery
of daily
newspapers, weeklies and magazines (trial and introductory subscription) will not be
automatically be
extended and terminates automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration period of more than one year, the consumer may after one year
terminate at
any time with a notice period of not more than one month unless reasonableness and fairness are
opposed
against termination before the end of the agreed duration.
Article-13 Payments
Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after
entering the
cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a
service the
cooling off period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, a prepayment of more than 50% must never be stipulated in
the general
terms and conditions. When a prepayment has been stipulated the consumer cannot assert any
rights regarding
the execution of the relevant order or service(s) before the stipulated payment has been made.
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
In case of default by the consumer the entrepreneur has, subject to legal restrictions, the
right to charge
the reasonable costs which are made known to the consumer in advance.
Article 14- Complaints
The entrepreneur features a sufficiently publicized complaints procedure and handles the
complaint according
to this complaints procedure.
Complaints about the execution of the agreement must be described fully and clearly within
reasonable time
submitted to the entrepreneur after the consumer has observed the defects.
The complaints submitted to the entrepreneur will be answered within a period of 14 days from
the day of
receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer
within 14
days an acknowledgement and an indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to
the dispute
settlement.
Article 15- Disputes
Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these
general
conditions/terms are related to.
In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation)
and this
foundation will mediate for free. If both parties cannot come up to a solution then the consumer
has the
possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl
Foundation) The
ruling of this foundation is binding and both the consumer and the entrepreneur accept this
binding ruling.
Article 16- Additional and Different Provisions
Additional or different provisions compared to the General conditions/terms may not be to the
prejudice of
the consumer and should be recorded in writing in such a manner that the consumer can save these
in an
accessible way on a durable medium.