Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
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 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Extended duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different terms
Article 17 - Game conditions
Article 1 - Definitions
In these conditions apply:
- 1. Grace period: The period within which the consumer can exercise his right of withdrawal;
- 2. Consumer: the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
- 3. Day: calendar day;
- 4. Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
- 5. Durable medium: any means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information.
- 6. Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
- 7. Entrepreneur: the natural or legal products and / or remote services to the consumer;
- 8. Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more communication techniques distance;
- 9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area.
Article 2 - Identity of the entrepreneur
Broforce Airsoft V.O.F.
Mr stormstraat 5
5041CN, Tilburg
Email: [email protected]
Chamber of Commerce: 82159939
VAT: NL862358966B01
Article 3 - Applicability
- 1. These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- 2. Before the agreement is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded, indicated that the general conditions appearing in the entrepreneur and will be sent free of charge as soon as possible, at the request of the consumer.
- 3. If the agreement is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer may be stored in a simple way on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
- 4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him is most favorable.
Article 4 - The offer
- 1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
- 2. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
- 3. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- • the price including taxes;
- o any costs of delivery;
- o how the agreement will be achieved and what actions they require;
- o whether to apply the right of withdrawal;
- o the method of payment, delivery and performance of the contract;
- o The deadline for accepting the offer, or the deadline for adhering to the price;
- o if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
- o how the consumer before the conclusion of the contract, to check information provided by him under the contract, and repair if necessary;
- o the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
- o the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The contract
- 1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
- 2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
- 3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
- 4. The entrepreneur can - within the law - inform the consumer's ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- 5. The entrepreneur will the consumer in the product or service the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
A. The address of the establishment of the business where consumers can lodge complaints;
b. the conditions and how the consumer the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and after sales service;
d. the details of these conditions include in Article 4 paragraph 3, unless the operator this information already provided to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite. - 6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- 1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative. After the dissolution, the consumer further period of 14 days prior to the actual return.
- 2. During this period the consumer will treat the product and packaging. He will be the product only to the extent unpacking the extent necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will the product with all accessories unused and unwashed, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in case of withdrawal
- 1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
- 2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after paying the return or cancellation.
Article 8 - Exclusion of right of withdrawal
- 1. The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
- 2. Exclusion of the right of withdrawal is only possible for products:
a which have been created by the trader in accordance with specifications of the consumer.;
b. that are clearly personal in nature;
c. that can not be returned due to their nature;
Article 9 - The price
- 1. During the period mentioned in the offer have not increased the prices of the products and / or services, except for price changes due to changes in VAT rates.
- 2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
- 3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- 4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
A. They are the result of legislation or regulations; whether
b. the consumer is authorized to terminate the contract with effect from the date the increase takes effect. - 5. The rates in the supply of products or services include VAT.
Article 10 - Compliance and Warranty
- 1. The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
- 2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can apply.
Article 11 - Delivery and execution
- 1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- 2. The place of delivery is the address that the consumer makes known to the company.
- 3. Subject to what is stated in Article 4 of these terms and conditions, the company accepted orders expeditiously but not later than 30 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
- 4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, back pay.
- 5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. By the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipment are borne by the entrepreneur.
- 6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 - Payment
- 1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 14 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, captures this term after the consumer has received the confirmation of the agreement.
- 2. When selling products to consumers are stipulated in terms never a prepayment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
- 3. The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
- 4. In case of default by the consumer, the operator subject to legal restrictions, the right to charge the reasonable costs incurred to the Consumer.
Article 13 - Complaints
- 1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- 2. Complaints about the implementation of the agreement must be made fully and clearly described within a reasonable time to the entrepreneur, after the consumer has found the defects.
- 3. Complaints submitted to the entrepreneur within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
- 4. If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
Article 14 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be made fully and clearly described within seven days to the entrepreneur, after the consumer has found the defects.
- When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
- If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
- When symptoms first, a consumer needs to turn to the entrepreneur. For complaints that can not be solved by mutual agreement, the consumer should apply to Foundation Webwinkelkeur (www.webwinkelkeur.nl ), it will mediate free. Should there not yet come to a solution, the consumer has the option to Stichting Dispute Online (complaint www.geschilonline.nl to be treated), the ruling of this is binding and both entrepreneurs and consumers agree with this binding judgment. The submission of a dispute to the arbitration committee are costs that must be paid by the consumer to the relevant committee. It is also possible to log complaints through the European ODR platform (http://ec.europa.eu/odr ).
- A complaint does not suspend the obligations of the entrepreneur, unless the operator specifies otherwise.
- If a complaint is accepted by the entrepreneur, the entrepreneur at its option or the products will be replaced or repaired free of charge.
Article 15 - Additional or different terms
Additional or of these terms and conditions, may not be to the detriment of consumers and should 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.
Article 16 - Additional or different 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 they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 17 - Game conditions
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