Article 1 – Definitions
The following terms are used in these General Conditions:
PAMASAJO., trading under the name/names: Canadian Chairs
Company postal address: PO Box 191, 5240 AD Rosmalen, The Netherlands
Company visiting address: Milrooijseweg 53, 5258 KG Berlicum, The Netherlands
Telephone number: +31 6 24 26 61 70
e-mail address: email@example.com
Chamber of Commerce registration No.:71717927
VAT ID No.: NL 094700497B01
2. Consumer: the natural person who does not exercise a profession or business and who enters into a distance contract
with the entrepreneur;
3. Distance contract: a contract whereby use is made exclusively of one or more means of distance communication in the context of a system organized by the entrepreneur for the sale of products and/or services up to and including the concluding of the contract;
4. Means of distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur meeting at the same place at the same time;
5. Time for reflection: the period during which the consumer may use his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the time for reflection;
7. Day: calendar day;
8. Distance transaction: a distance contract relating to a series of products and/or services of which the obligation to deliver and/or accept is spread over time;
9. Sustainable data carrier: any means enabling the consumer or the entrepreneur to store information relating to him personally in a manner that makes it possible to consult this information and reproduce it unchanged in the future.
Article 2 – Applicability
1. These General Conditions shall apply to all offers from the entrepreneur and all distance contracts between the entrepreneur and the consumer.
2. If the contract is concluded by distance electronically, the consumer may be provided with an electronic version of these General Conditions in such a manner that the consumer can easily store these on a sustainable data carrier.
3. In the event that specific product or service conditions shall apply in addition to these General Conditions, the second and third paragraphs shall apply by analogy and the consumer may in case of conflicting General Conditions, always refer to the applicable condition that best suits him.
Article 3 – The offer
1. If an offer is valid for a limited period or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer shall include a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses illustrations, these shall be a true representation of the products and/or services offered. The entrepreneur shall not be bound by obvious mistakes or errors in the offer.
3. Each offer shall contain :
o the price, including taxes;
o any delivery costs;
o the method of payment, delivery or carrying out of the contract;
o the method in which the consumer may gain knowledge of any actions undesired by him before concluding the contract and how he can rectify this before the contract is concluded;
o any languages, besides Dutch in which the contract may be
Article 4 – The contract
1. The contract shall be concluded subject to reservation of that stated in paragraph 4 at the point of acceptance of the offer by the consumer and fulfillment of the conditions stipulated.
2. If the consumer has accepted the contract electronically, the entrepreneur shall confirm the receipt of the acceptance of the offer without delay electronically. The consumer may dissolve the contract as long as the receipt of this acceptance has not been confirmed.
3. If the contract is concluded electronically, the entrepreneur shall take the appropriate technical and organizational measures for securing the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the
entrepreneur shall observe suitable security measures for this.
4. The entrepreneur may – within legal parameters – ascertain whether the consumer can fulfil his payment obligations as well as all those facts and factors that are important for being able to enter into the distance contact responsibly. If the entrepreneur has good grounds based on this research for not entering into the contract, he shall be entitled, on providing reasons for this, to refuse an order or request or to attach special conditions to its carrying out.
5. If the entrepreneur has committed himself to delivering a range of products and services, the condition in the previous paragraph shall apply only to the first delivery.
Article 5 – Right of withdrawal on delivery of products
1. When purchasing products, the consumer shall be entitled within 7 days to dissolve the contract without stating any reasons. This period shall commence on the day of receiving the product by or on behalf of the consumer.
2. The consumer shall handle the product and the packaging carefully during this period. He shall only unpack or use the product as far as necessary in order to be able to assess whether he wishes to keep the product.
3. If he uses his right of withdrawal, he shall return the product at his costs to the entrepreneur with all accessories supplied and – if reasonably possible – in the original condition and packaging in accordance with any reasonable and clear instructions from the entrepreneur.
Article 6 – Costs in case of withdrawal
1. The consumer shall at most bear the costs of returning the products if he uses his right of withdrawal, being €25,- per returned order.
2. The entrepreneur shall return to the consumer any monies paid as soon as possible and no later than within 30 days of the return or withdrawal.
Article 7 – Conformity and guarantee
1. The entrepreneur shall ensure that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations at the time of concluding the contract.
2. A settlement offered by the entrepreneur, manufacturer or importer as a guarantee shall not detract from the rights and demands that the consumer may assert against the entrepreneur following any shortcoming in the entrepreneur’s obligations towards the consumer based on the law and/or the distance contract.
Article 8 – Delivery and execution
1. The entrepreneur shall take the greatest possible care in receiving and carrying out orders of products and assessing requests for providing services.
2. The place of delivery shall be the address notified by the consumer to the business.
3. Bearing in mind that stated in article 4 of these General Conditions, the business shall carry out accepted orders with proficient speed, yet within 30 days unless a longer period has been agreed. If the delivery is subject to delays or if an order cannot be carried out or
carried out properly, the consumer shall receive notification no later than one month after placing the order. The consumer shall in that case be entitled to dissolve the contract without costs and possibly the right to claim compensation.
4. In the event of dissolution according to the previous paragraph, the entrepreneur shall repay the amount paid by the consumer as soon as possible yet no later than within 30 days of the dissolution.
5. If it is impossible to deliver a product that has been ordered, the entrepreneur shall endeavour to provide a replacement article. A clear and understandable notification of a replacement article shall be made no later than the delivery. The right of withdrawal cannot be excluded in the case of replacement articles. The entrepreneur shall bear the costs of returns.
6. The risk of damage and/or loss of products shall rest with the entrepreneur up to the point of supply to the consumer unless expressly agreed otherwise.
Article 9 – Payment
1. Unless differently agreed, the amounts owed by the consumer shall be paid within 14 days of delivery of the goods or in the case of a contract for the provision of a service, within 14 days of issuing the documents relating to this contract.
2. The consumer shall be obliged to notify the entrepreneur without delay of any inaccuracies in the payment details provided or stated.
3. In the case of non-payment on the part of the consumer, the entrepreneur shall be entitled, apart from legal constraints, to charge for the reasonable, clearly incurred costs notified in advance to the consumer.
Article 10 – Handling complaints
1. Complaints as to the carrying out of the contract shall be submitted to the entrepreneur within good time completely and clearly described after the consumer has identified the defects.
2. Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall receive a response within 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.
3. If the complaint cannot be solved by mutual consultation, a dispute shall arise that shall be subject to dispute settlement.
Article 11 – Disputes
The contracts between the entrepreneur and the consumer to which these General Conditions refer shall be governed exclusively by Dutch law.