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Content table


Article 1 - Definitions Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution Article 12 - Continuing performance: duration, cancellation and renewal
. Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions

.
In these terms and conditions the following terms have the following meanings:

  2. Dispatch period: the period within which the consumer can exercise his right of withdrawal; Read all about the respite period
  3. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  4. Day: calendar day;
  5. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  6. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  7. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  8. Model form: the model form for withdrawal which the trader makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
  9. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  10. Remote agreement: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication; .
  11. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and the entrepreneur being together in the same place at the same time.
  12. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
The general terms and conditions of the entrepreneur are the following

Article 2 - Identity of the entrepreneur

.
A2SHOP BV
Bulkseweg 22

5331PK
The Netherlands

T (041) 872-6964
E info@vijverentuinproducten.nl
VC 69078025
. VAT number NL8577.21.070.B01
.
  1. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be indicated that the general conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.


  2. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

  4. The offer is without obligation.


    • the price, including taxes;
    • the cost of shipping, if any;
      The manner in which the contract will be concluded and what actions are necessary for that purpose;
  6. .
    Whether or not the right of withdrawal is applicable;
  7. .
    The method of payment, delivery and performance of the contract;
  8. .
    The period for accepting the offer, or the period within which the entrepreneur guarantees the price;

    The period of time that the offer is accepted.
  9. whether the contract is archived after its conclusion, and if so, on which it can be consulted by the consumer;
    the way in which the consumer can check the data provided by him in the framework of the contract before its conclusion and, if desired, correct them;

    the way in which the consumer can check the data provided by him before the contract is concluded.
  10. any other languages besides Dutch in which the contract can be concluded;
  11. the language of the contract



Article 5 - The agreement

.

  2. The contract is concluded, subject to the provisions of paragraph 4, at the time of the consumer accepting the offer and fulfilling the conditions laid down.
  3. The contract is concluded at the time of the consumer accepting the offer and fulfilling the conditions laid down.
  5. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
  7. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures.
  8. The entrepreneur will, along with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:



  10. In the case of a duration transaction, the provision in the previous paragraph shall apply only to the first delivery.
  11. Every contract is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of withdrawal

.
In case of delivery of products:
.

  2. When purchasing products, the consumer has the opportunity to dissolve the contract without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  3. 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 judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur's reasonable and clear instructions. If, at the end of the periods specified 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.

In the case of delivery of services:
.

  2. In the case of delivery of services, the consumer has the opportunity to dissolve the contract without giving reasons for a period of at least 14 days, starting on the day of entering into the contract.


  2. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of return shipment.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in the value of the product.
  5. The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided all the 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



  2. 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 applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:



  • that have been made by the entrepreneur in accordance with the specifications of the consumer

    that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that are clearly personal
  • which may spoil or age rapidly;
  • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • the price of which is subject to fluctuations in the financial market
  • for single newspapers and magazines;
  • for magazines and newspapers
  • for audio and video recordings and computer software of which the consumer has unsealed the seal;
  • for hygienic products of which the consumer has broken the seal;

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

  • relating to lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
  • whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
  • relating to betting and lotteries;



Article 9 - The price

.

  1. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

    Prices will be increased by a maximum of 10% per year.
    Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated it and:

      • they are the result of statutory regulations or provisions; or


    • The prices mentioned in the offer of products or services are inclusive of VAT.


  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer, based on the agreement, can assert against the entrepreneur.

    This guarantee is not valid for the consumer.
  3. Eventual defects or wrongly delivered products should be reported in writing to the entrepreneur within 2 months after delivery. The products must be returned in the original packaging and in new condition.
  5. The warranty does not apply if:

    • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;



    The guarantee does not apply if
  6. the defectiveness is entirely or partially the result of regulations that the government has laid down or will lay down with regard to the nature or quality of the materials applied



Article 11 - Delivery and execution

.

  2. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

    The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  3. The place of delivery is the address that the consumer has made known to the company.
  4. The company will not be liable for any damage caused by the delivery.
  5. All delivery periods are indicative. The consumer may not derive any rights from any deadlines mentioned. Exceeding a term does not give the consumer any right to compensation.
  7. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment will be borne by the entrepreneur.

Article 12 - Duration transactions: duration, termination and extension

.
Cancellation

  2. The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  4. The consumer has the right to terminate the contract at any time.
  5. The consumer can terminate the agreements mentioned in the previous paragraphs:

    • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
    • at least terminate them in the same manner in which they were entered into by him;
    • always terminate with the same notice period as the entrepreneur has stipulated for himself;



Renewal

  2. A contract entered into for a definite period of time, which is for the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
    Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month.


    The consumer is entitled to a period of one month to terminate the contract.
  3. A contract for a definite period, which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

Duration

  2. 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 no more than one month, unless reasonableness and fairness dictate that termination should take place before the end of the agreed duration.

Article 13 - Payment

.

  2. As far as it has not been agreed otherwise, the amounts payable by the consumer should be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of a contract to provide a service, this period shall start after the consumer has received the confirmation of the contract.
    The consumer has the duty to inform the entrepreneur immediately of any inaccuracies in payment data provided or stated.
    The consumer has the duty to inform the entrepreneur immediately of any inaccuracies in payment data provided or stated.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for any reasonable costs made known in advance.
  4. The consumer has the right to terminate the contract without notice.

Article 14 - Complaints procedure

.

  2. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  3. Complaints about the execution of the contract should be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has found the defects.
  4. The entrepreneur has a sufficiently publicized complaint procedure.
  5. If the complaint cannot be resolved by mutual agreement a dispute arises that is subject to the dispute resolution procedure.
  6. In the event of a complaint, a consumer should first turn to the entrepreneur. If the store is affiliated with Stichting WebwinkelKeur and complaints that can not be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute resolution commission appointed by Stichting WebwinkelKeur, the ruling of this is binding and both entrepreneur and consumer agree to this binding ruling. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  7. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  8. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes




  1. On contracts between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a long-term data carrier.