GENERAL TERMS & CONDITIONS

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

Reflection period: the period during which the Consumer may use his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his/her commercial trade, craft or professional activities and enters into a (distance) contract with the Entrepreneur;
Day: calendar day;
Transaction duration: a distance contract that concerns a series of products and/or services where the delivery and/or purchase obligation is spread over time;
Sustainable data carrier: any means that allows the Consumer or the Entrepreneur to store information directly related to him/her personally in such a manner that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
Withdrawal form: the form provided by the Entrepreneur that the Consumer can fill in when they want to make use of their right of withdrawal.
Entrepreneur: the legal person who provides products and or services to Consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the Entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, use is made of one or more techniques for distance communication;
Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

Article 2 – The Entrepreneur’s identity

DJRepair
Olympiastraat 4
4462GG Goes
The Netherlands

Customer Service:
Phone: (+31) (0) 85 888 58 52 (NL) or (+32) (0) 3 605 22 26 (BE)
Email: helpdesk@djrepair.nl

Operating hours:
Monday to Friday from 9.00 am to 9.00 pm
Saturday from 9.00 am to 6.00 pm
Sunday from 1.00 pm to 5.00 pm

Chamber of Commerce number: 50943642

VAT identification number: NL823007777B01

Article 3 – Applicability

These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer’s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory Terms and Conditions, the Consumer can invoke the applicable provision that is most favourable to them.
If one or more provisions in these General Terms and Conditions are wholly or partially voided at any time, then the contract and the rest of the conditions remain intact and the provision in question will be replaced by another that matches the original as much as possible in mutual consultation.
Situations that are not covered in these General Terms and Conditions should be appraised ‘in the spirit’ of these General Terms and Conditions. Lack of clarity in the explanation or content of one or more provisions in the Terms and Conditions, should be considered ‘in the spirit’ of these Terms and Conditions.

Article 4 -The offer

If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
The offer is without obligation. The Entrepreneur is entitled to change and adjust the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
All images, specifications and information in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Product images are a true reflection of the products offered. The Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. In particular, this concerns:
- the price including taxes;
- any delivery costs;
- the way in which the contract will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the contract;
- the period for accepting the offer as well as the period within which the Entrepreneur guarantees the price;
- the level of the tariff for distance communication if the costs of the technique used for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the contract is filed after its conclusion and, if so, in what ways it can be seen by the Consumer;
- the way in which the Consumer, prior to concluding the contract, can check the data they provided for the contract and change it if necessary;
- any other languages, apart from English, the contract can be agreed in;
- the codes of conduct to which the Entrepreneur is subject and the way in which the Consumer can consult these codes of conduct electronically;
- and the minimum duration of the distance contract in case of an extended transaction.

Article 5 – The contract

Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
The Entrepreneur shall send the following information along with the product or the service in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur’s business establishment where the Consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information included in article 4 section 5 of these Terms & Conditions, unless the Entrepreneur has already provided this information to the Consumer before the execution of the agreement;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

In case of products:

The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The reflection period starts on the day the product is received by the Consumer or by a third party appointed by them in advance and made known to a representative of the Entrepreneur.
During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary in order to assess whether they want to keep it. If the Consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
When the Consumer wishes to make use of their right of withdrawal, they are obliged to make this known to the Entrepreneur within 14 days after receipt of the product. The Consumer must make this known by means of the model return form. After the Consumer has made it known that they wish to make use of their right of withdrawal, the Consumer must return the product within 14 days. The Consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
If the Consumer has not made it known that they wish to make use of their right of withdrawal and/or the product has not been returned to the Entrepreneur in line with the terms mentioned in subsections 2 and 3, the purchase is a fact.

When providing services:

The Consumer has the option to terminate the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement.
In order to make use of their right of withdrawal, the Consumer will follow the reasonable and clear instructions provided by the Entrepreneur at the time of the offer and/or at the latest with the service(s) provided.

Article 7 – Costs of right of withdrawal

If the Consumer exercises their right of withdrawal, the costs of returning the goods are the only costs the Consumer may have to pay.
If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible, but no later than 14 days after the cancellation. However, this only applies once the Entrepreneur has received the returned goods or conclusive proof of a complete return has been submitted.

Article 8 – Exclusion of the right of withdrawal

The Entrepreneur can exclude the products and services described in sections 2 and 3 below from the right of withdrawal. This only applies if the Entrepreneur clearly stated this at the time the offer was made or at least in a timely manner before the agreement was concluded.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the Entrepreneur in accordance with the Consumer’s specifications;
a. that are clearly personal in nature;
b. that due to their nature cannot be returned;
c. that can spoil or age quickly;
d. of which the price is subject to fluctuations in the financial market that the Entrepreneur has no influence over;
e. that are newspapers or magazines;
f. that are audio and video recordings and/or computer software on which the Consumer has broken the seal;.
g. that are hygienic products on which the Consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
b. of which the delivery commenced with the express consent of the Consumer before the reflection period expired;
c. that includes betting and lotteries.

Article 9 – The price

The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price 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, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
All prices indicated in the provision of products or services are including VAT.
All prices are subject to printing and typing errors. No liability is accepted for any consequences caused by printing and typing errors. In cases of printing and typing errors, the Entrepreneur is not obliged to deliver products or services at the wrong price.

Article 10 – Conformity and Warranty

The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the Consumer can take against the Entrepreneur under the contract.
Any defect or incorrectly delivered products must be reported to the Entrepreneur in writing within 4 weeks of being delivered. Returned products must be in the original packaging and be in new condition.
The Entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The Entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The Consumer has repaired and/or adapted delivered products themselves or has third parties repair and/or adapt delivered products;
- The delivered products are exposed to abnormal conditions or otherwise handled carelessly or contrary to information or instructions from the Entrepreneur and/or included with the product.
- The inadequacy is in whole or in part the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 11 – Delivery and execution

The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
The place of delivery is at the address given by the Consumer to the Entrepreneur.
With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge. The Consumer is not entitled to compensation.
All delivery times are indicative. The Consumer cannot derive any rights from any times mentioned. Exceeding times does not entitle the Consumer to compensation.
In case of dissolution in accordance with section 3 of this article, the Entrepreneur will refund the amount that the Consumer has paid as soon as possible but no later than 14 days after the dissolution. If delivery of an ordered product proves to be impossible, the Entrepreneur will endeavor to make a replacement available. At the time of delivery at the latest, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment are at the expense of the Entrepreneur.
The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.

Article 12 – Continuing performance agreements: duration, termination and renewal

Termination

The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
The Consumer can cancel the agreements mentioned in the preceding paragraphs:
- at any time and not be limited to termination at a particular time or in a given period;
- at least in the same way as they were concluded by him;
- at all times with the same notice as the Entrepreneur stipulated for himself.

Extension

An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.

Duration

If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts to be paid by the Consumer must be settled within 7 days after the period of reflection as referred to in Article 6 Section 1. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
In the event of a default by the Consumer, the Entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer beforehand.

Article 14 – Complaints procedure

The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within 7 days.
The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises that will need to be solved via the dispute settlement.
In case of complaints, a Consumer must first contact the Entrepreneur. For complaints that cannot be resolved by mutual agreement, the Consumer can contact the ‘Stichting GeschilOnline (www.geschilonline.com). The decision made is binding and both the Entrepreneur and the Consumer must go along with this binding decision. The submission of a dispute to this disputes committee involves costs that the Consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the Entrepreneur, unless the Entrepreneur indicates otherwise in writing.
If a complaint is judged to be well-founded by the Entrepreneur, the Entrepreneur will decide to replace or repair the delivered products free of charge.

Artikel 15 – Disputes

Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the Consumer lives in another country.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.