Legal notice
General Terms and Conditions
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 of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Artikel 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 1 - Definitions
In these terms, the following is understood as:
Cooling-off periodthe period within which the consumer can exercise his right of withdrawal;
Consumerthe natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Hello: calendar day;
Long transaction: a distance agreement regarding a range of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Sustainable data carrierelk means that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawalthe possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model formhet modelformulier voor herroeping dat de ondernemer ter beschikking stelt dat een consument kan invullen wanneer hij gebruik wil maken van zijn herroepingsrecht.
Entrepreneurthe natural or legal person who offers products and/or services remotely to consumers;
Distance agreement: an agreement in the context of a system organized by the entrepreneur for distance selling of products and/or services, where up to and including the conclusion of the agreement, only one or more techniques for remote communication are used;
Technology for remote communicationA means that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same space at the same time.
General Terms and ConditionsThe present General Terms and Conditions of the entrepreneur.
Artikel 2 - Identity of the entrepreneur
Glaravans, represented by Mr. E. Baas.
Warehouse Street 8 / 7553 GX / Hengelo (OV)
Phone number: 074-7501156
Email address: info @ Glaravans .com
Chamber of Commerce number: 73598658
VAT identification number: NL001562284B55
Article 3 - Applicability
These general terms and conditions apply to any offer made by the entrepreneur and to any distance agreement and orders concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request. If the distance agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier before the distance agreement is concluded. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, 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 null and void or are annulled at any time, the agreement and these terms shall otherwise remain in effect, and the relevant provision shall be replaced immediately by a provision that closely approximates the intent of the original in mutual consultation. Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms 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 made under conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images with products are a truthful 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 the rights and obligations are, which are attached to the acceptance of the offer. This particularly concerns: the price including taxes; any shipping costs; the manner in which the agreement will be concluded and which actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the used communication means; whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer; the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the case of a long-term transaction. The available sizes, colors & types of materials.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the 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 will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution. The entrepreneur will provide the consumer with 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, along with the product or service: the visiting address of the entrepreneur's establishment where the consumer can go for complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal; information about guarantees and existing service after purchase; the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; the requirements for termination of 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 only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the product is received by the consumer or a representative designated by the consumer and made known to the entrepreneur. During the reflection 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 delivered accessories 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. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the consumer using the model form. After the consumer has indicated that he wishes to exercise 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 a proof of shipment. If the customer has not indicated that he wishes to exercise his right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
Upon delivery of services:
Upon delivery of services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, starting from the day the agreement is concluded. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the maximum costs of return shipping will be borne by them. 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. However, this is on the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method that the consumer used unless the consumer explicitly consents to a different payment method. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.
Article 8 - Exclusion of the 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 a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: that have been created by the entrepreneur according to the specifications of the consumer; that are clearly of a personal nature; that cannot be returned due to their nature; that can spoil or age quickly; whose price is tied to fluctuations in the financial market that the entrepreneur has no influence over; for single newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period; whose delivery has started with the express consent of the consumer before the reflection period has expired; concerning bets and lotteries.
Article 9 - The price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: they are the result of legal regulations or provisions; or the consumer has the authority to terminate the agreement as of the day 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 typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Artikel 10 - Conformity and Warranty
The entrepreneur ensures that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also ensures that the product is suitable for use 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 based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Returns of the products must be made 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 any 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 themselves or has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the instructions of the entrepreneur and/or have been treated on the packaging; The unsoundness is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services. The place of delivery is the address that the consumer has communicated to the company. Subject to the provisions mentioned in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially 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 at no cost. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period 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 paid by the consumer as soon as possible, but no later than within 14 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility 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 previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
Artikel 12 - Duration transactions: duration, termination and extension
Cancellation
The consumer can terminate an agreement that has been entered into for an indefinite period and that involves 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. The consumer can terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month. The consumer can terminate the agreements mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or within a specific period; at least terminate in the same manner as they were entered into; always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement that is entered into for a fixed term and that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration. Notwithstanding the previous paragraph, an agreement that is entered into for a fixed term and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement that is entered into for a fixed term and that involves the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case that the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end 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 duration.
Article 13 - Payment
Unless 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 case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement. The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur. In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that were communicated to the consumer in advance.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 2 months after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution scheme. In case of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable. This also applies if the consumer resides abroad. The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions 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.
