General Conditions

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the enterprise
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of revocation
Article 7 – Costs in case of revocation
Article 8 – Exclusion right of revocation
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and implementation
Article 12 – Continuing performance contract: duration, notice, and extension
Article 13 – Payment
Article 14 – Complaints mechanism
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these conditions is intended by:

Reflection period: the term within which the consumer exercise his right of revocation;
Consumer: the natural person not acting from the exercise of a profession or business who enters into a distance contract with the enterprise;
Day: calendar day;
Continuing performance contract: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is distributed over time;
Durable data carrier: every means that enables the consumer or enterprise to store information that is addressed to him personally in a manner that enables future perusal and the unaltered reproduction of the stored information.
Right of revocation: the possibility for the consumer to forgo the distance contract within the reflection period;
Model form: the model form for revocation that the enterprise provides for a consumer to fill out when he wants to exercise his right of revocation;
Enterprise: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby in the context of a system for the sale at a distance of products and/or services organized by the enterprise up to and including the conclusion of the agreement exclusive use is made of one or more techniques of communication at a distance;
Technique for communication at a distance: means that can be used for the conclusion of an agreement, without consumer and enterprise having simultaneously convened in the same area;
General Conditions: the underlying General Conditions of the enterprise.

Article 2 – Identity of the enterprise

Company name: Napoleon Bestek Breukelen
Branch-/Physical address: De Corridor 12-M Breukelen
Phone number: +31 638665588
E-mail address: [email protected]
CoC number: 51712431
VAT number: NL001964476B76

Article 3 – Applicability

These general conditions are applicable to each offer of the enterprise and to each concluded distance contract and orders between enterprise and consumer.
Before the distance contract is concluded, the text of these general conditions is provided to the consumer. If such is not reasonably possible, before the distance contract is concluded it will be pointed out that the general conditions can be perused at the enterprise and that upon request of the consumer they will be forwarded as soon as possible and free of charges.
If the distance contract is concluded electronically, in derogation to the previous section and before the distance contract is concluded, the text of these general conditions will be provided to the consumer through electronic channels in such a manner that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, then it will be indicated before the distance contract is concluded where the general conditions can be perused through electronic channels and that upon request of the consumer they will be forwarded through electronic channels or in another manner free of charges.
In the event that besides these general conditions also specific product or service conditions are applicable, the second and third section are correspondingly applicable and the consumer in the event of contradictory general conditions can always appeal to the applicable provision that is most advantageous for him.
If one or more provisions in these general conditions at any time are completely or partially void or are annulled, then the agreement and these conditions remain in force otherwise and the relevant provision will be replaced through mutual consultation without delay by a provision that approximates the tenor of the original one as closely as possible.
Situations that are not arranged in these general conditions must be assessed in accordance with ‘the spirit’ of these general conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our conditions, must be interpreted ‘in the spirit’ of these general conditions.

Article 4 – The offer

If an offer has a limited term of validity or is made under conditions, this is expressly stated in the offer.
The offer is non-committal. The enterprise has the right to change and modify the offer.
The offer contains a complete and precise description of the offered products and/or services. The description is sufficiently detailed to allow for the proper assessment of the offer by the consumer. If the enterprise makes use of pictures, they are a veracious depiction of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the enterprise.
All pictures, specification, and data in the offer are indicative and cannot constitute grounds for compensation of damage or rescission of the agreement.
Pictures of products are a truthful representation of the offered products. The enterprise cannot guarantee that the colors depicted correspond exactly with the actual colors of the products.
Every offer contains such information that it is clear for the consumer what the rights and obligations are that are associated with acceptance of the offer. This regards especially:

the price including taxes;
possible shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of revocation is applicable;
the manner of payment, delivery, and implementation of the agreement;
the term for acceptance of the offer, or the term within which the enterprise guarantees the price;
the amount of the rate for communication at a distance if the usage costs of the technique for communication at a distance are calculated on a different basis than the regular basic rate for the means of communication used;
whether the agreement is archived after conclusion, and, if so, in what manner it can be consulted by the consumer;
the manner in which the consumer, before conclusion of the agreement, can control the information provided by him in the context of the agreement and, if so required, correct it;
such other languages, besides Dutch, in which the agreement can be concluded;
the codes of conduct the enterprise has committed itself to and the manner in which the consumer can consult these through electronic channels; and
the minimum duration of the distance contract in case of a continuing performance agreement.

Article 5 – The agreement

The agreement is concluded, without prejudice to what is stipulated in section 4, at the moment of acceptance by the consumer of the offer and of compliance with the conditions thereby established.
If the consumer has accepted the offer through electronic channels, the enterprise forthwith confirms the receipt of the acceptance of the offer through electronic channels. As long as the receipt of this acceptance has not been confirmed by the enterprise, the consumer can rescind the agreement.
If the agreement is concluded electronically, the enterprise takes appropriate technical and organizational measures to secure the electronic transmission of data and takes care of a secure web environment. If the consumer can pay electronically, the enterprise will observe appropriate safety measures to such effect.
The enterprise can – within the confines of the law – inform itself whether the consumer is able to comply with his payment obligations, as well as of all such facts and factors as are relevant for the responsible adoption of the distance contract. If the enterprise on grounds of this investigation has legitimate grounds not to enter into the agreement, he has the right to refuse an order or request while stating reasons or to subject implementation to special conditions.
The enterprise will send along the following information, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:
the visiting address of the branch of the enterprise that the consumer with complaints can turn to;
the conditions under and the manner in which the consumer can exerciser the right of revocation, or otherwise a clear statement regarding the right of revocation being excluded;
the information on guarantees and existing service following purchase;
the data included in article 4 section 3 of these conditions, unless the enterprise already provided these data to the consumer before implementation of the agreement;
the requirements for cancellation of the agreement, if the agreement has a duration of more than one year or is of an indefinite duration.
In case of a continuing performance contract, the provision in the previous section is only applicable to the first delivery.
Every agreement is concluded under the suspensory condition of sufficient availability of the relevant products.

Article 6 – Right of revocation

In case of the purchase of products, the consumer has the option of rescinding the agreement without stating grounds for a period of 14 days. This reflection period enters into effect on the day after receipt of the product by the consumer or such representative as is designated beforehand by the consumer and disclosed to the enterprise.
During the reflection period, the consumer will handle the product and the packaging with care. He will only unwrap or use the product to the extent necessary to evaluate whether he wishes to keep the product. If he exercises his right of revocation, he will return the product with all enclosed accessories and – if reasonably possible – in the original state and packaging to the enterprise, in conformity with the reasonable and clear instructions provided by the enterprise.
In case the consumer wishes to exercise his right of revocation, he is obligated to communicate this within 14 days after receipt of the product to the enterprise. The communication must be made by the consumer by way of the model form. After the consumer has communicated that he wishes to exercise his right of revocation, the client must send back the product within 14 days. The consumer must prove that the delivered matters were sent back in time, for example by way of a proof of shipping.
If the client after the terms indicated in section 2 and 3 have ended has not communicated that he wishes to exercise his right of revocation and/or has not returned the product to the enterprise, the right of revocation lapses.

Article 7 – Costs in case of revocation

If the consumer exercises his right of revocation, at most the costs of back-shipping are borne by the enterprise.
If the consumer has paid an amount, the enterprise will refund this amount as soon as possible, though no later than within 14 days after revocation. Condition hereby is, that the product has already been received by the web shop or that conclusive proof of complete shipping back can be presented.

Article 8 – Exclusion right of revocation

The enterprise can exclude the right of revocation of the consumer for products as described in section 2 and 3. The exclusion of the right of revocation solely applies if the enterprise has stated this clearly in the offer, or at least timely before conclusion of the agreement.
Exclusion of the right of revocation is only possible for products:
that were realized by the enterprise in accordance with the specifications of the consumer;
that are clearly of a personal nature;
that cannot be sent back due to their nature;
that can spoil or age fast;
the price of which is linked to fluctuations on the financial market over which the enterprise does not exert any influence;
for loose newspapers and magazines;
for audio and video footage and computer software of which the consumer has broken the seal.
for products of hygiene the consumer has broken the seal of.
Exclusion of the right of revocation is only possible for services:
Regarding lodging, transport, catering services or recreation to be conducted on a certain date or during a specific period;
the delivery of which has started with the express consent of the consumer before the reflection period has expired;
regarding bets and lotteries.

Article 9 – The price

During the term of validity indicated in the offer, the prices of the products and/or services offered are not increased, barring price increases as a consequence of changes to VAT rates.
In derogation to the previous section, the enterprise can offer products or services the prices of which are bound by fluctuations on the financial markets and on which the enterprise does not exert any influence at variable prices. This link with fluctuations and the fact that such prices as are listed are target prices are stated in the offer.
Price increases within 3 months after adoption of the agreement are only permitted if they are the result of legal arrangements or provisions.
Price increases as from 3 months after adoption of the agreement are only permitted if the enterprise has stipulated such and:
these are the consequence of legal arrangements or provisions; or
the consumer has the authority to cancel the agreement with effect as from the day on which the price increase comes into force.
The prices of products or services mentioned in the offer are inclusive of VAT.
All prices are subject to typing and printing errors. No liability is accepted for the consequences of typing and printing errors. In case of typing and printing errors, the enterprise is not obliged to deliver the product in accordance with the erroneous price.

Article 10 – Conformity and Warranty

The enterprise guarantees that the products and/or services are compliant with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usefulness and the legal provisions and/or government regulations existing on the date of the adoption of the agreement. If established, the enterprise also guarantees that the product is suitable for other than normal usage.
A warranty provided by the enterprise, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce vis-à-vis the enterprise on grounds of the agreement.
Any possible defects or products delivered erroneously must be reported within 4 weeks after delivery to the enterprise in writing. Products must be sent back in the original packaging and in as-new condition.
The warranty term of the enterprise corresponds with the warranty term of the manufacturer. The enterprise, however, is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any possible advice with regard to the use or application of the products.
The warranty is not effective if:

o The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
o The delivered products have been exposed to abnormal circumstances or are negligently handled otherwise, or handled in violation of the instructions indicated by the enterprise and/or on the packaging;
o The defectiveness is the result completely or partially of regulations that the authorities impose or will impose with regard to the nature or the quality of the applied materials.

Article 11 – Delivery and implementation

The enterprise will observe the greatest possible diligence upon the receipt and upon the carrying out of orders of products and when evaluating applications for the provision of services.
As the place of delivery applies the address communicated by the consumer to the company.
With due regard for what is stated concerning in section 4 of this article, the company will carry out accepted orders with due speed though no later than within 30 days, unless the consumer has agreed to a longer delivery term. If the delivery encounters delays, or if an order can only be carried out partially, the consumer is accordingly informed no later than 30 days after he has placed the order. In such case, the consumer has the right to rescind the agreement without charges. The consumer is not entitled to damages.
All delivery terms are indicative. The consumer cannot derive any rights from any terms as may have been indicated. The overrunning of a term does not confer the right to compensation of damages to the consumer.
In case of rescission in conformity with section 3 of this article, the enterprise will refund the amount that the consumer has paid as soon as possible, though no later than within 14 days after rescission.
If delivery of an ordered product turns out to be impossible, the enterprise will exert itself to make available a substitute item. At the latest upon delivery it will be reported in a clear and understandable manner that a substitute item is delivered. In case of substitute items, the right of revocation cannot be excluded. The costs of a possible return shipment are borne by the enterprise.
The risk of damaging and/or the going missing of products lies with the enterprise until the moment of delivery to the consumer or a representative designated beforehand and disclosed to the enterprise, unless expressly established otherwise.

Article 12 – Continuing performance contracts: duration, notice, and extension

Cancellation

The consumer can cancel an agreement that is adopted for an indefinite time and which regards the regularly delivering of products (also including electricity) or services at all times, with due regard for the rules for notice thereby established and a notice period of one month at most.
The consumer can cancel an agreement adopted for a fixed term and which regards the regularly delivering of products (also including electricity) or services at all times against the end of the fixed duration, with due regard for the rules for notice thereby established and for a notice period of one month at most.
The consumer with regard to the agreements mentioned in the preceding sections, can:

o cancel at all times and not be limited to give notice at a certain time or in a certain period;
o give notice at least in the same manner as they were entered into by him;
o always give notice with the same notice period as the enterprise has stipulated for itself.

Extension

An agreement that is adopted for a fixed term and which regards the regularly delivering of products (also including electricity) or services may not be tacitly extended or renewed for a certain duration.
In derogation to the previous section, an agreement adopted for a fixed term and which regards the regularly delivering of newspapers and magazines may be tacitly extended by a fixed term of a maximum of three months, if the consumer can cancel this extended agreement against the end of the extension with a notice period of a maximum of one month.
An agreement that is adopted for a fixed term and which regards the regularly delivering of products or services may only be tacitly extended by an indefinite term, if the consumer may cancel at all times with a notice period of a maximum of one month and a notice period of a maximum of three months in case the agreement regards the regularly, though less frequently than one a month, delivering of dailies, newspapers, weeklies, and magazines.
An agreement with a limited duration for the regularly delivering for introductory purposes of dailies, newspapers, weeklies, and magazines (trial or introductory subscriptions) is not tacitly extended and ends automatically after the end of the trial or introductory period.

Duration

If an agreement has a duration of more than a year, after a year the consumer may cancel the agreement at all times with due regard for a notice period of one month at most, unless reason and fairness oppose cancellation before the end of the established duration.

Article 13 – Payment

To the extent not established otherwise, the amounts owed by the consumer must be settled within 7 business days after entry into effect of the reflection period as intended in article 6 section 1. In case of an agreement for the provision of a service, this term commences after the consumer has received the confirmation of the agreement.
The consumer has the obligation to report inaccuracies in the payment details provided or stated without delay to the enterprise.
In case of non-payment of the consumer, the enterprise has the right, barring legal restrictions, to bill such reasonable costs as have been communicated to the consumer beforehand.

Article 14 – Complaints mechanism

The enterprise has a sufficiently publicized complaints mechanism and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted within 7 days completely and clearly described in writing to the enterprise, after the consumer has identified the defects.
Complaints submitted to the enterprise are answered within a 14-day term, counted from the date of receipt. If a complaint requires a foreseeably longer processing time, an answer is provided by the enterprise within the 14-day term, providing an indication for when the consumer may expect a more elaborate answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is eligible for the complaints mechanism.
In case of complaints, a consumer must address the enterprise first of all. In case of complaints that cannot be resolved in mutual consultation, the consumer must take recourse to certification association ‘Stichting WebwinkelKeur’ (www.webwinkelkeur.nl), which will mediate for free. If a solution is not reached then either, the consumer has the option to have his complaint handled by the independent arbitration committee appointed by said ‘Stichting WebwinkelKeur’, the sentence of which is binding and both enterprise and consumer agree with this binding ruling. The submittal of a dispute to this arbitration committee involved costs that must be paid by the consumer to the committee in case. It is also possible to report complaints through the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the enterprise, unless the enterprise indicates otherwise in writing.
If a complaint is found legitimate by the enterprise, the enterprise will, at its option, either replace or repair the delivered products free of charges.

Article 15 – Disputes

To agreements between the enterprise and the consumer which these general conditions are in regard to, Netherlands legislation is exclusively applicable. Also in the event the consumer resides abroad.
The Vienna Commercial Convention is not applicable.

Article 16 – Additional or deviating provisions

Additional provisions or such as may deviate from these general conditions may not be to the detriment of the consumer and must be recorded in writing in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier.