Article 1: Identity of the entrepreneur
- Vercate is referred to as an entrepreneur in these general terms and conditions.
- Telephone number and time (s) at which the entrepreneur can be reached by telephone: can be reached by telephone on +31 658860323, from 09:00 - 17:00 on Monday to Sunday.
- Email address: email@example.com
- Chamber of Commerce number: 76111903
- VAT number: NL860511339B01
Article 2: Definitions
In these conditions, we have the terms stated below the meaning stated after them:
- Reflection period: the period within which the consumer can make use of his right of withdrawal.
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur.
- Day: calendar day;
- Entrepreneur: the legal person who offers products remotely to consumers.
- Parties: are the entrepreneur and the consumer together.
- Agreement: the agreement refers to the purchase agreement between the parties.
- Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, whereby, up to and including the conclusion of the agreement, one or more techniques are used exclusively or in part for remote communication.
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
- Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information.
Article 3: Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, agreements and deliveries of goods by or on behalf of the entrepreneur.
- Deviation from these terms and conditions is only possible if explicitly agreed in writing by the entrepreneur and the consumer.
Article 4: The offer
- The consumer can view the full range of products on the entrepreneur's official website: vercate.com.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
- For questions about the product, please contact: Vercate, firstname.lastname@example.org
Article 5: The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- Within the legal frameworks, the entrepreneur can - inform himself whether the consumer can meet his payment obligations, as well as 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 implementation.
- At the latest upon delivery of the product to the consumer, the entrepreneur will send 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 medium:
- a) the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
- b) the conditions under which and the way 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) information about guarantees and existing after-sales service;
- d) the price, including all taxes, of the product insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract;
- e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- f) if the consumer has a right of withdrawal, the model withdrawal form.
- In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
- Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that period, the offer will lapse.
- Offers and quotations do not automatically apply to repeat orders.
Article 6: Right of withdrawal
- The consumer has the right to dissolve the agreement within 14 days after receipt of the order without giving any reason (right of withdrawal). The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
- The period of 14 days starts from the moment that the (entire) order has received the last shipment or the last part by the consumer or a third party designated by him.
- The consumer can use a Vercate withdrawal form. Vercate is obliged to make this available to the consumer immediately after the consumer's request.
Article 7: Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
- The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8: Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the reflection period (Article 6 paragraph 1 & 2) by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the purchased product. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The consumer bears the direct costs of returning the product.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
- The consumer keeps the given tracking code of the shipping party as proof of shipment. If the consumer chooses to ship the product (s) without a tracking code, this is at their own risk.
- The return address is: Jan van der Ploegsingel 22, 3065 PC Rotterdam.
- The model withdrawal form can be downloaded from the website: https://vercate.com/pages/retourneren.
Article 9: Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product (s), without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. The entrepreneur may wait to repay until he has received the product or until the consumer demonstrates that he has returned the product.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
- The entrepreneur sends a notification when the amount has been refunded.
Article 10: Exclusion of right of withdrawal
The entrepreneur can exclude the following products from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- There is no right of withdrawal if the products are tailor-made according to the consumer's specifications.
- There is no right of withdrawal on sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
Article 11: The price
- The price stated on offers, quotations and invoices consists of the purchase price including the VAT owed and any other government levies.
- 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 due to changes in VAT rates.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- The prices stated in the offer of products or services include VAT.
Article 12: Fulfillment of the agreement and extra guarantee
- As soon as the product (s) has been received by the consumer, the risk is transferred from the entrepreneur to the consumer.
- The entrepreneur guarantees that the products 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.
Article 13: Delivery and execution of the agreement
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is the address that the consumer makes known to the entrepreneur.
- If the item (s) are delivered, the entrepreneur is entitled to charge any delivery costs.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.
- Delivery indications:
- Orders from the Netherlands are delivered to the consumer within 2-3 working days.
- Orders from Belgium are delivered to the consumer within 2-4 working days.
- Orders from other European countries are delivered to the consumer within 3-8 working days.
- Orders outside Europe are delivered to the consumer within 8-21 working days.
- The entrepreneur is entitled to deliver the products in parts, unless otherwise agreed in writing or if partial delivery has no independent value. The entrepreneur is entitled to invoice these parts separately upon delivery in parts.
- After payment, the consumer will receive a personal web page from the entrepreneur. The consumer can follow the status of his order on this web page.
Article 14: Payment
- At the time of the order, the full purchase price is always paid immediately. The amount to be paid includes VAT and any shipping costs.
- The consumer can pay safely by means of Ideal, MasterCard, Visa, PayPal or Apple Pay.
- During the checkout, the consumer can redeem a possible discount code or voucher. The new total amount is calculated immediately.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
Article 15: Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints submitted to the entrepreneur 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 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement.
- Complaints can be sent by means of a contact form on the website: https://vercate.com/pages/contact or by e-mail: email@example.com.
Article 16: Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
- All disputes that may arise between the consumer and the entrepreneur, as a result of an agreement, or of further agreements that may be the result thereof or from any other existing or future legal relationship, such as, for example, if not exclusively with regard to an unlawful act, undue payment and unfounded enrichment will be settled by the District Court in Rotterdam, except insofar as compelling rules of competence prevent this choice.
- A dispute is deemed to exist as soon as one of the parties so declares;
- The agreement between the entrepreneur and the consumer is governed by Dutch law.
Article 17: 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 in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
- Dutch law is exclusively applicable to every agreement between the parties.
- If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force.