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 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following terms have the following meanings:
- Article 1 – Definitions
- Additional agreement: an agreement whereby the consumer acquires products, digital content
and / or services in connection with an agreement on distance and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an
agreement between that third party and the entrepreneur; - Reflection period: the term within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services
and / or digital content during a certain period; - Durable data carrier: any tool – including e-mail – that enables the consumer
or entrepreneur to store information that is addressed to him personally in a way that
future consultation or use during a period that is tailored to the purpose
for which the information is intended, and which makes unaltered reproduction of the stored information possible; - Right of withdrawal: the option of the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer is concluded within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for communication e remotely;
- Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Appendix I does not need to be made available if the consumer
has no right of withdrawal with regard to his order; - Technology for distance communication: means that can be used to conclude a
agreement, without the need for consumer and entrepreneur to be in the same room at the same time.
- Article 2 – Identity of the entrepreneur
Name: Posterdeco. nl
Address: Daalakkersweg 2-74
Email: info@posterdeco.nl
Chamber of Commerce number: 59064730
VAT identification number: NL853303204B01
If the The entrepreneur’s activity is subject to a relevant licensing system: the data about the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organization to which he is a member;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules that apply in the Netherlands and directions where and
how these professional rules are accessible.
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the
and that, at the request of the consumer, they will be be sent free of charge as soon as possible. - If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be
. 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. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken
electronically and that they can be read electronically or at the request of the consumer. > will be sent in another manner free of charge. - In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly and
can In the event of conflicting conditions, the consumer always invokes the applicable provision that is most favorable to him. - Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products being offered,
digital content and / or services. 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, services and / or digital content being offered. Obvious mistakes or errors in the
offer do not bind the entrepreneur. - Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer are connected.
Article 5 – The agreement - The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the requirements The corresponding terms and conditions.
- If the consumer has accepted the offer electronically, the entrepreneur 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
can dissolve the agreement. - If the agreement is concluded electronically, the entrepreneur will find appropriate technical and
organizational measures to protect the electronic transfer of data and he ensures a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take
appropriate security measures. - The entrepreneur can – within legal frameworks – 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 agreement. 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, giving reasons, or to attach special conditions to the implementation. Li > - At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner. a durable data carrier, enclose:
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 exercise 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 on the product, service or digital content; insofar as applicable the costs of delivery; 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 case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
With products: - The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or: a. If the consumer is in the same order has ordered several products: the day on which the consumer, or a third party designated by him, has received the last product. The
entrepreneur may, provided he has clearly
informed the consumer about this prior to the ordering process,
an order of several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part
c. in the case of contracts for regular delivery of products during a certain period:
the day on which the consumer, or a third party designated by him, received the first product.
In the case of services and digital content that is not on a material carrier is delivered: - The consumer can dissolve a service agreement and an agreement for the delivery of digital
content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal,
but not oblige him to state his reason (s). - The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not supplied on a tangible medium
when not informing about the right of withdrawal: - If the entrepreneur provides the consumer with the legally required information about the right of withdrawal or
has not provided the model withdrawal form, the reflection period will expire twelve months after the end of the original
reflection period, determined in accordance with the previous paragraphs of this article. - If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information and.
Article 7 – Obligations of the consumer during the cooling-off period - During the cooling-off 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
determine the nature, characteristics and functioning of the product. The basic premise here is that the consumer may only handle and inspect the product
as he would be allowed to do in a shop. - The consumer is only liable for the resulting depreciation of the product
of a way of handling the product that goes beyond what is permitted in paragraph 1. - The consumer is not liable for a reduction in the value of the product if the entrepreneur does not use him before or at the conclusion of the agreement has provided all legally required information about the right of withdrawal.
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 within the reflection period
by means of the model form for withdrawal or in another unambiguous manner to the
entrepreneur. - As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return or hand over the product he this to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
consumer will in any case have complied with the return period if he sends the product back
before the reflection period has expired. - The consumer will return the product with all accessories supplied, if reasonably possible < br> in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the
consumer. - The consumer bears the direct costs of returning the product. If the
entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur
indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the goods. - If the the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity commences during the reflection period, the the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur complied with at the time of withdrawal, compared to the full fulfillment of the
agreement. < li> The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if: - The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. prior to delivery, he has not expressly consented to commencing fulfillment of the agreement before the end of the reflection period; br> b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has neglected to confirm this statement by the consumer. - If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by law.
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. < li> The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received 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 pay the additional costs for the more expensive method. > to be refunded.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the contract, has stated: - Products or services whose price is dependent on fluctuations in the financial market
on which the entrepreneur has no influence and which are within the withdrawal period may occur; - Agreements concluded during a public auction. A public auction is understood to be a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is present in person or is given the opportunity to be present at the auction in person, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the contract; - Package travel as referred to in Article 7: 500 BW and passenger transport contracts;
- Service contracts for the provision of accommodation, if a specific date or period of performance is provided in the agreement
and other than for residential purposes,
transport of goods, car rental services and catering; - Agreements relating to leisure activities, if a specific date or period of implementation is provided in the agreement;
- Products manufactured according to the specifications of the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, whether
are clearly intended for a specific person; - Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for reasons of health protection or hygiene
to be returned and of which the seal has been broken after delivery; - Products that are irrevocably mixed with other products after delivery due to their nature;
- Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement,
of which the delivery can only take place after 30 days, and of which the actual value
depends on fluctuations in the market in which the entrepreneur is not Has influence; - Sealed audio, video recordings and computer software, the seal of which has been broken after
delivery; - Newspapers, magazines or magazines, with the exception of subscriptions to these; li >
- The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that he hereby loses his right of withdrawal.
Article 11 – The price - During the period of validity stated in the offer, the prices of the products offered are
and / or services not increased, except for price changes as a result of changes in VAT rates. - Notwithstanding the previous paragraph, the entrepreneur can
products or services whose prices are subject to fluctuations. on the financial market and where the entrepreneur has no influence
offering variable prices. This bondage to fluctuations and the fact that any stated prices are target prices are stated in the offer. - Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result are of legal regulations or stipulations.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. they are the result of legal regulations or determinations; or
b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect. - The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and extra warranty - The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness 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. - An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer
never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfill his part of the contract. - An additional guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he assigns to the consumer certain rights or claims that go beyond what is legally required in case he has failed. in the fulfillment of his part of the agreement.
Article 13 – Delivery and execution - The entrepreneur will take the greatest possible care when receiving and when executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has provided to the entrepreneur.
made. - With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period. is agreed and. If delivery is delayed, or if an order cannot or only partially be 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 without costs and the right to any compensation. - After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has paid.
to repay immediately. - The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and known to the entrepreneur. representative, unless explicitly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
Cancellation: - The consumer can enter into an agreement for an indefinite period of time has been entered into and which extends to the regular delivery of products (including electricity) or services, at all times, at all times with observance of the agreed termination rules and a notice period of at most one month. li >
- The consumer can make one over agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at all times by the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer can cancel the agreements mentioned in the previous paragraphs:
a. the onde the consumer the legally required information about the right of withdrawal, the
cost reimbursement in the event of withdrawal or has not provided the model withdrawal form, or;
b. the consumer has not explicitly requested the start of the performance of the service or the delivery of gas, water, electricity or district heating during the reflection period.
or until the consumer demonstrates that he has
returned the product, whichever is earlier.
- cancel at any time and not be limited to cancellation at a specific time or in a
certain period; - at least cancel in the same way as they entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
- A contract that has been entered into for a definite period and that extends to the regular delivery of
products (including electricity) or services, may not be tacitly extended or renewed for a definite period. < / li> - By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period and which
extends to the regular delivery of daily news, weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can cancel this extended agreement
at the end of the extension with a notice period of at most one month. - An agreement that has been entered into for a definite period and which extends to the regular delivery of
products or services, may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. - An agreement with a limited duration up to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introductions
will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Duration: - If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless the
reasonableness and fairness against cancellation before the end of the agreed term
.
Article 15 – Payment - Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be v within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the
agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement. - When selling products to consumers, the consumer may in general terms and conditions
never be obliged to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the order or service (s) concerned before the stipulated advance payment has been made. - The The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not fulfill his payment obligation (s) on time, this is, after he has been
the entrepreneur has been informed of the late payment and the entrepreneur has granted the consumer a period of 14
days to still fulfill his payment obligations, after the failure of
payment within this 14-day period, the statutory interest
on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on the outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favor of the
consumer.
Article 16 – Complaints procedure - The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects. .
- Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time
, the entrepreneur will reply within 14 days with a message from
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 susceptible to the dispute settlement
.
Article 17 – Disputes - On agreements between the entrepreneur and the consumer subject to these general terms and conditions < br> are governed exclusively by Dutch law.
Article 18 – Additional or deviating provisions
Additional or deviating provisions from these general 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 medium.