General terms and conditions M-elect
http://www.m-elect.com
General terms and conditions based on model terms and conditions of Stichting WebwinkelKeur.
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 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these conditions the following definitions apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read everything
about reflection period.
2. Consumer: the natural person who does not act in the exercise of a profession or business and a
enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services,
the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to transfer information to
addressed to him personally, stored in a manner that allows future consultation and unaltered reproduction
of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the withdrawal within the cooling-off period
distance contract;
7. Model form: the model form for withdrawal that the entrepreneur makes available
consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers
offers;
9. Distance agreement: an agreement whereby in the context of a contract established by the entrepreneur
organized system for distance selling of products and/or services, up to and including the conclusion of the
agreement exclusively uses one or more techniques for distance communication;
10. Remote communication technique: means that can be used to conclude a
agreement, without the consumer and entrepreneur meeting in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
M-elect
7241SC
The Netherlands
T
E m.elect.nl@gmail.com
Chamber of Commerce 92919227
VAT number
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every conclusion
distance contract and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is provided to the
made available to consumers. If this is not reasonably possible, the distance contract will be concluded
is closed, it is indicated that the general terms and conditions can be viewed at the entrepreneur and they will be available upon request
from the consumer will be sent free of charge as soon as possible.
3. 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 electronically
be made available to the consumer in such a way that it can be accessed by the consumer
can easily be stored on a durable data carrier. If this is not reasonably possible
is possible, before the distance contract is concluded, it will be indicated where the general terms and conditions apply
conditions can be viewed electronically and that they are made available at the request of the consumer
will be sent electronically or otherwise free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions apply
apply, the second and third paragraphs apply mutatis mutandis and the consumer can opt out in that case
of conflicting general terms and conditions, always rely on the applicable provision that is most applicable to him
is favorable.
5. If one or more provisions in these general terms and conditions at any time in whole or in part
are null and void or are annulled, then the agreement and these conditions will otherwise remain in force and will remain in force
the relevant provision will be replaced without delay by mutual agreement by a provision that reflects the scope of
approximates the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in spirit'
of these general terms and conditions.
7. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be avoided
to be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this becomes explicit
stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The
description is sufficiently detailed to enable a good assessment of the offer by the consumer
to make. If the entrepreneur uses images, these are a true representation of the
products and/or services offered. Obvious mistakes or errors in the offer are binding
entrepreneur is not.
4. All images, specifications and information in the offer are indicative and cannot be a cause of action
compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur
cannot guarantee that the colors displayed exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are,
associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur pays the price
guarantees;
the amount of the rate for distance communication if the costs of using the technology for
distance communications are calculated on a different basis than the regular basic rate for the 7241SC
Nederland
T
E m.elect.nl@gmail.com
Chamber of Commerce 92919227
VAT number
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and on every
distance contract and orders concluded between the entrepreneur and the consumer.
2. 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 inspected at the entrepreneur and that they
will be sent free of charge as soon as possible at the request of the consumer.
3. 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 distance contract 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.
4. In the event that specific product or service conditions
apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event
of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is most
favorable.
5. If one or more provisions in these general terms and conditions
are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and
the provision in question will be immediately replaced by mutual agreement by a provision that
approximates the scope of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit'
of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must
be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly
stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services 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 and/or services offered. Obvious mistakes or errors in the offer do
not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot give rise to
compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur
cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
6. 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:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur
guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for
distance communication are calculated on a different basis than the regular basic rate for the 7241SC
Nederland
T
E m.elect.nl@gmail.com
KVK 92919227
VAT number
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every
distance contract and orders concluded between entrepreneur and consumer.
2. 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 inspected at the entrepreneur and that they
will be sent free of charge as soon as possible at the request of the consumer.
3. 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 distance contract 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.
4. In the event that specific product or service conditions
apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event
of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is most
favorable.
5. If one or more provisions in these general terms and conditions
are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and
the provision in question will be immediately replaced by mutual agreement by a provision that
approximates the scope of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit'
of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must
be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly
stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services 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 and/or services offered. Obvious mistakes or errors in the offer do
not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot give rise to
compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur
cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
6. 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:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur
guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for
distance communication are calculated on a different basis than the regular basic rate for exercising his right of withdrawal or has not returned the product to the entrepreneur, the purchase is one
fact.
When providing services:
1. When providing services, the consumer has the option to terminate the agreement without giving reasons
cancel within at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will refer to the information provided by the entrepreneur
the offer and/or reasonable and clear instructions provided at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the maximum amount will be the return shipping costs
on his behalf.
2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible, but
refund within 14 days after cancellation. This is subject to the condition that the product has already been returned
has been received by the online retailer or conclusive proof of complete return can be provided.
Refunds will be made via the same payment method used by the consumer unless the consumer
expressly consents to another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is responsible
liable for any depreciation of the product.
4. The consumer cannot be held liable for any depreciation of the product due to
the entrepreneur has not been provided with all legally required information about the right of withdrawal, this should be noted
happen before concluding the purchase agreement.
Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2
and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer,
at least in good time before concluding the agreement.
2. 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;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence
has;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or
during a certain period;
the delivery of which has started with the consumer's express consent before the cooling-off period
expired;
concerning betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the offered products and/or
services are not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can provide products or services whose prices are subject to
fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices
to offer. This liability to fluctuations and the fact that any prices stated are target prices,
are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if
they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the
entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the
price increase takes effect.
5. The prices stated in the offer of products or services include VAT.6. All prices are subject to printing and typographical errors. For the consequences of printing and typographical errors
no liability accepted. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product in accordance with the
deliver incorrect price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the terms and conditions stated in it
specifications stated in the offer, meet the reasonable requirements of reliability and/or usability and on the date
existing legal provisions and/or government regulations prior to the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than:
normal usage.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and
claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported within 2 months after discovery of the defect
must be reported to the entrepreneur in writing.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is
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.
5. The warranty does not apply if:
the consumer has repaired and/or edited the delivered products himself or has had them repaired by third parties
repair and/or edit;
the delivered products have been exposed to abnormal conditions or are otherwise careless
have been treated or contrary to the instructions of the entrepreneur and/or on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose
regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and shipping
execution of orders for products and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will accept
execute orders expeditiously but no later than within 30 days, unless the consumer has agreed
with a longer delivery period. If delivery is delayed, or if an order is not received, then yes
can only be partially carried out, the consumer will receive this no later than 30 days after he received the order
placed order message. In that case, the consumer has the right to terminate the agreement without costs
to dissolve. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer has no rights to any stated periods
derive. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount owed to the consumer
paid as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to arrange a delivery
to make a replacement item available. It will be presented in a clear and understandable manner no later than upon delivery
notified that a replacement item will be delivered. The right of withdrawal is not available for replacement items
are excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery
delivery to the consumer or a pre-designated and announced to the entrepreneur
representative, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
Termination
1. The consumer can enter into an agreement that has been entered into for an indefinite period and that extends to settlement
delivery of products (including electricity) or services, cancel at any time with due observance
of agreed cancellation rules and a notice period of no more than one month.
2. The consumer can enter into an agreement that has been entered into for a definite period and that extends to settlement
delivery of products (including electricity) or services, at any time towards the end of the
cancellation for a certain period, taking into account agreed cancellation rules and a notice period
of a maximum of one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs: at any time and not be limited to cancellation at a certain time or in a certain
period of time;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has agreed for himself.
Extension
1. An agreement entered into for a fixed period and which extends to the regular delivery of products
(including electricity) or services, may not be tacitly extended or renewed for a
certain duration.
2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to:
regular delivery of daily news and weekly newspapers and magazines will be tacitly extended for one
fixed term of a maximum of three months, if the consumer terminates this extended agreement by the end of
can cancel the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products
or services, may only be tacitly extended for an indefinite period if the consumer is allowed at any time
cancel with a notice period of no more than one month and a notice period of no more than three months
in the event that the agreement extends to the regular, but less than once a month, delivery of daily,
news and weeklies and magazines.
4. An agreement with a limited duration for the regular delivery of daily and news items for the purpose of introduction
weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends
automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year
at any time with a notice period of no more than one month, unless reasonableness and fairness prevail
oppose cancellation before the end of the agreed duration.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid
paid within 7 working days after the commencement of the reflection period as referred to in Article 6, paragraph 1. In the event of a
agreement to provide a service, this period commences after the consumer has received confirmation of the
agreement has been received.
2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated
entrepreneur to report.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions
to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint
in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described within 2 months
are submitted to the entrepreneur after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be processed within a period of 14 days from the date of
receipt answered. If a complaint requires a foreseeably longer processing time, the
entrepreneur responded within 14 days with an acknowledgment of receipt and an indication of when
the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the
dispute resolution.
5. In case of complaints, a consumer must first contact the entrepreneur. It is also possible to
to register complaints via the European ODR platform (http://ec.europa.eu/odr). Online store is currently not available
affiliated with a quality mark with a dispute committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing
indicates.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion or the
replace or repair delivered products free of charge.
Article 15 - Disputes
1. To agreements between the entrepreneur and the consumer to which these general terms and conditions apply
have, only Dutch law applies. Even if the consumer lives abroad.2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the
consumer and must be recorded in writing or in such a way that it can be recognized by the consumer
can be stored in an accessible manner on a durable data carrier.