Terms of service
The Distance Sales, Delivery and Payment Conditions for Consumers Pauw B.V., version March 2014, hereinafter referred to as: Distance Sales Conditions Pauw, have been filed with the Chamber of Commerce under number 33158694.
Definities
In these terms and conditions, the terms stated below have the meanings stated below:
Reflection period: the period within which the consumer can exercise 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 contract with the entrepreneur;
Day: calendar day;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period; Entrepreneur: the legal entity that offers products remotely to consumers;
Distance agreement: an agreement in which, within the framework of a system for the distance sale of products organized by the entrepreneur, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Distance communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
Name business: PAUW B.V.
Adress: Europaplein 37
1078 GV AMSTERDAM
Nederland
Phonenumber and availability:
Monday - Friday (09:00-18:00 uur) available by telephone number: +31 20 6640655.
E-mail adress: INFO@PAUW.COM
Website: WWW.PAUW.COM
Chamber of Commerce number: 33158694
VAT identification number: NL005164278B01
Applicability
a) These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
b) 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 will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer. The general terms and conditions have also been filed with the Chamber of Commerce under registration number 33158694 and are available for inspection by the consumer there.
c) If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
The offer
a) If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
b) The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
c) Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer. This concerns in particular:
I the price including taxes;
II any delivery costs;
III the manner in which the agreement will be concluded and what actions are required for this;
IV whether or not the right of withdrawal applies;
V the method of payment, delivery and execution of the agreement;
VI the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
VII the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
VIII whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
IX the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
X any other languages in which, in addition to Dutch, the agreement can be concluded;
XI the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
The Agreement
a) The agreement is established, subject to the provisions in section d, at the moment the consumer accepts the offer and complies with the accompanying conditions.
b) If the consumer has accepted the offer electronically, the entrepreneur will immediately 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.
c) 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 for that purpose.
d) The entrepreneur may, within legal boundaries, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the remote agreement. If, based on this investigation, the entrepreneur has good reasons not to proceed with the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to the execution.
e) The entrepreneur will include the following information with the product, either in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
I. The visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
II. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
III. Information about warranties and existing after-sales services;
IV. The data specified in section c of "The Offer" of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement.
Right of Withdrawal
a) When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.
b) During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product, along with all accessories provided, and—if reasonably possible—in its original condition and packaging, accompanied by the withdrawal form provided by the entrepreneur at the initial delivery and completed by the consumer, in accordance with the reasonable and clear instructions given by the entrepreneur.
Costs in Case of Withdrawal
a) If the consumer exercises their right of withdrawal, they will bear no more than the cost of returning the product.
b) If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return of the product or withdrawal.
Exclusion of the Right of Withdrawal
a) The entrepreneur may exclude the consumer's right of withdrawal to the extent provided in section b. Exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.
b) Exclusion of the right of withdrawal is only possible for products:
I. that have been produced by the entrepreneur according to the consumer's specifications;
II. that are clearly of a personal nature;
III. that, by their nature, cannot be returned;
IV. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
The Price
a) During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes resulting from changes in VAT rates.
b) Contrary to the previous section, the entrepreneur may offer products with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. This dependence on fluctuations and the fact that any stated prices are guide prices will be indicated in the offer.
c) Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
d) Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
I. they are the result of legal regulations or provisions; or
II. the consumer has the right to terminate the agreement as of the day the increase takes effect.
e) The prices mentioned in the offer of products include VAT within the EU.
Conformity and Warranty
a) The entrepreneur guarantees that the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that existed on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
b) A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can enforce against the entrepreneur under the agreement.
Delivery and Execution
a) The entrepreneur will exercise the greatest possible care when receiving and executing product orders.
b) The place of delivery is the address provided by the consumer to the company.
c) Subject to what is stated in "The Offer" of these terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost and may be entitled to compensation. This compensation can never exceed the invoice value.
d) In the event of dissolution as per the previous section, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after the dissolution.
e) If the delivery of a product proves impossible, the entrepreneur will make every effort to offer a replacement product. At the latest, upon delivery, it will be clearly communicated that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
f) The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless explicitly agreed otherwise.
Payment
a) Amounts owed by the consumer must be paid exclusively in advance via PayPal, credit card, or, if the consumer has a Dutch bank account from a bank connected to the iDEAL system, via iDEAL. Payment by credit card is only possible with the credit cards listed on the entrepreneur's website.
b) The consumer cannot claim any rights regarding the execution of the order until the agreed advance payment has been made.
c) The consumer is obligated to promptly report any inaccuracies in the payment details provided or mentioned to the entrepreneur.
Retention of Ownership
All products delivered by the entrepreneur under the agreement remain the property of the entrepreneur until the consumer has fully met all obligations arising from the agreement(s) concluded with the entrepreneur.
Complaints Procedure
a) The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
b) Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time, but no later than two months after the consumer has discovered the defects. The complaint must be described clearly and fully.
c) Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
d) In the event of complaints, the consumer is only entitled to withhold that portion of the invoice which reasonably relates to the content and severity of the complaint. This does not release the consumer from the obligation to pay the remaining portion of the invoice within the agreed term.
e) If the complaint cannot be resolved by mutual agreement, the dispute will be submitted to the competent court.
Disputes
a) Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products delivered or to be delivered by the entrepreneur will be submitted to the competent court.
b) Contrary to section a, if the consumer does not reside in the Netherlands, the entrepreneur will involve the consumer in legal proceedings before the court of the consumer's residence, applying the laws of the country where the consumer resides.
c) If any part of these general terms and conditions is declared null and void or inapplicable, or otherwise unenforceable due to conflict with prevailing national legislation, the remaining provisions will remain unaffected.
Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions must not be detrimental to 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.
Amendment of the Terms for Distance Selling for Consumers by Pauw B.V.
Changes to these terms will only take effect after they have been published in the appropriate manner, provided that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.
Amsterdam, September 2024