General Terms and Conditions
Article 1 - Definitions
In these General Terms and Conditions the following definitions apply:
Cooling off period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection time
Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Term transaction: a distance contract that relates to a series of products and/or services, the delivery and/or purchase obligation of which is staggered over time
Durable data carrier: any means that allows the consumer or the trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
Model cancellation form: the model cancellation form provided by the entrepreneur, which the consumer can fill out if he wishes to exercise his right of cancellation.
Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system set up by the entrepreneur for the distance sale of goods and/or services, one or more means of distance communication are used exclusively until the conclusion of the contract;
Distance communication technology: means by which a contract can be concluded without the consumer and the entrepreneur meeting in the same room at the same time.
General terms and conditions: the current general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Bonpro
A De nieuwe erven 3 | 5431 NV | Cuijk
E info@bonpro.dk
KVK: 68644108
VAT number:NL002356040B10
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and every order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible before the distance contract is concluded, it is noted that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the provision most favorable to him.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or repealed, the contract and these General Terms and Conditions will otherwise remain in force and the provision in question will be replaced immediately by mutual agreement with a provision that corresponds to the purpose of the original one determination comes as close as possible.
Situations not covered by these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our Terms and Conditions will be construed "in accordance with the spirit" of these Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to correctly evaluate the offer. If the trader uses images, these represent a true representation of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the contract.
The images of the products are a true representation of the products offered. The operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance charges and import VAT. These additional costs will be at the expense and risk of
the customer. The postal and/or courier service will use the special regulation for
postal and courier services. This regulation applies if the goods are imported into the EU country of destination, which in
the case at hand. The postal and/or courier service collects the VAT (whether or not together with the charged
customs clearance charges) from the recipient of the goods;
the possible costs of shipping;
the manner in which the contract is concluded and what actions are required for this;
whether the right of withdrawal applies or not
the method of payment, delivery and fulfillment of the contract;
the period for accepting the offer or the period during which the trader guarantees the price;
the level of the tariff for long-distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic tariff for the means of communication used
whether the contract will be archived after its conclusion and, if so, how it can be viewed by the consumer;
the way in which the consumer can check and, if desired, correct the information provided by him in connection with the contract before entering into the contract;
all languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult those codes of conduct electronically; and
the minimum term of the distance contract in the case of a longer transaction.
Article 5 - The Contract
Without prejudice to paragraph 4, the contract is concluded the moment the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the contract.
If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur must take appropriate security measures.
The entrepreneur can - within the legal framework - find out whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract based on this examination, he has the right to reject an order or an application or to tie the implementation to special conditions by giving reasons.
The entrepreneur will provide the consumer with the product or service with the following information in writing or in such a way that it can be stored and stored on a durable medium by the consumer:
the contact address of the entrepreneur to whom the consumer can address complaints;
the conditions and manner in which the consumer can exercise his right of withdrawal or, where appropriate, clear information that he is exempt from the right of withdrawal;
Information about warranties and existing customer services;
the information referred to in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
the conditions for revocation of the contract if the contract has a term of more than one year or is of an indefinite duration.
In the case of a continuing obligation, the provision of the previous paragraph only applies to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to withdraw from the contract without giving reasons within 14 days. This reflection period begins on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.
During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - as far as possible - in its original condition and packaging in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wants to make use of his right of withdrawal, he must inform the entrepreneur of this within 14 days of receiving the goods. The consumer must do this using the model form or another means of communication such as: B. Send email. Once the consumer has indicated that he wants to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the goods delivered were returned in a timely manner, e.g. B. through proof of shipping.
If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the deadlines specified in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he may have to bear the costs of the return.
If the consumer has paid an amount, the entrepreneur will refund this amount as quickly as possible, but no later than 14 days after the cancellation. The prerequisite for this is that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided. Repayment will be made using the same means of payment that the consumer used, unless the consumer has expressly approved another means of payment.
If the goods have been damaged due to improper handling by the consumer, the consumer is liable for any reduction in value of the goods.
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 purchase contract is concluded.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly indicated this in the offer, at least in good time before the contract is concluded.
An exclusion of the right of withdrawal is only possible for products
which are manufactured by the trader according to the consumer's specifications;
that are clearly personalized
which cannot be returned due to their nature;
that deteriorate or age rapidly;
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software if the consumer has broken the seal;
for hygiene products if the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services
in connection with accommodation, transport, meals or leisure activities to be provided on a particular day or during a particular period;
if delivery began with the consumer's express consent before the cancellation period expires;
in betting and lotteries.
Article 9 - PriceDuring the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or provisions; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
Pursuant to article 5, paragraph 1, Turnover Tax Act 1968, the delivery takes place in the country where the transport commences. In the present case, this delivery takes place outside EU. Accordingly, the postal or courier service will collect import VAT or clearance charges from the customer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. We assume no liability for the consequences of printing or typographical errors. In the event of printing or typographical errors, the contractor is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and Guarantee
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for health and / or usability and the existing legal provisions and / or government regulations at the time of entering into the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never liable for the final suitability of the products for each individual use by the consumer or for any advice regarding the use or application of the products.
The guarantee does not apply if:
the consumer repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the contractor and/or the packaging;
the defect is wholly or partly the result of official regulations regarding the type or quality of the materials used.
Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products.
Subject to what is stated in paragraph 4 of this article, the company will execute 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 is not or only partially carried out, the consumer receives this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
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 reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Term transactions: duration, cancellation and renewal
Termination
The consumer may terminate an indefinite contract for the regular supply of goods (including electricity) or the provision of services at any time, subject to the agreed termination rules and with a notice period not exceeding one month.
The consumer may terminate a fixed-term contract for the regular delivery of goods (including electricity) or the provision of services at any time at the end of the fixed-term term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a particular time or for a particular period;
at least terminate it in the same manner as he concluded it
always be terminated with the same notice period that the entrepreneur has set for himself.
renewal
A fixed-term contract for the regular supply of goods (including electricity) or the provision of services cannot be automatically extended or renewed for a specific period.
Notwithstanding the previous paragraph, a fixed-term contract, the subject of which is the regular delivery of daily or weekly newspapers and magazines, may be tacitly renewed for a fixed period not exceeding three months if the consumer accepts the renewed contract with a notice period of not more than one month can terminate at the end of the extension period.
A fixed-term contract for the regular supply of goods or the provision of services can only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract the regular but less than monthly delivery of daily or weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration of the contract
If a contract has a term of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed term is not possible for reasons of equity and reasonableness is possible.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment information provided or given to him.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to invoice the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the execution of the contract must be submitted to the entrepreneur in a fully and clearly described manner within 2 months after the consumer has discovered the deficiencies.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is likely to require a longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution process.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
If a complaint by the entrepreneur proves to be justified, the entrepreneur will either replace or repair the delivered products free of charge at its own discretion.
Article 15 - Disputes
Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general conditions apply. This also applies if the consumer is resident abroad.
