General Terms and Conditions
Article 1 – Definitions In these terms and conditions, the following terms shall have the following meanings:
Withdrawal Period: the period within which the consumer may exercise their right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Ongoing Transaction: a distance contract concerning a series of products and/or services for which the delivery and/or purchase obligation is spread over time; Durable Medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information; Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period; Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance Contract: a contract concluded in the context of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract; Means of Distance Communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being together in the same space; General Terms and Conditions: these present general terms and conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur Sifura E-mail: info@sifura.com Chamber of Commerce number: [to be inserted] VAT number: [to be inserted]
Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order 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, it will be indicated before the distance contract is concluded that the terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
If specific product or service conditions apply in addition to these general terms and conditions, paragraphs two and three apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or declared invalid, the remainder of the agreement and these conditions will remain in effect, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original as much as possible.
Situations not covered by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions shall be interpreted "in the spirit" of these general terms and conditions.
Article 4 – The Offer If an offer is valid for a limited period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
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 entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors 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. This concerns in particular:
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The price including taxes;
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Any shipping costs;
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The manner in which the agreement will be concluded and what actions are necessary for this;
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Whether or not the right of withdrawal applies;
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The method of payment, delivery, and execution of the agreement;
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The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
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The level of the tariff for distance communication if the costs for using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
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Whether the agreement will be archived after its conclusion and, if so, how the consumer can consult it;
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The way in which the consumer, before concluding the agreement, can check the information provided by them under the agreement and, if desired, correct it;
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The possible languages in which the agreement can be concluded, in addition to Dutch;
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The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically;
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The minimum duration of the distance agreement in the event of an ongoing transaction. Optional: available sizes, colors, types of materials.
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 conditions set.
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 entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it on a durable medium:
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The address of the entrepreneur's business location where the consumer can file complaints;
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The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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Information about guarantees and existing after-sales service;
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The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
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The conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This withdrawal period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the withdrawal period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The notification must be made in writing or via email. After the consumer has indicated they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer is on time if they return the product before the 14-day period has expired.
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 the entrepreneur of the withdrawal. The entrepreneur may withhold reimbursement until they have received the product back or the consumer has provided proof of return, whichever occurs first.
The entrepreneur will use the same means of payment that the consumer used for the original transaction unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
Article 7 – Costs in Case of Withdrawal If the consumer exercises their right of withdrawal, the costs of returning the product are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount upon receipt of the returned product.
Article 8 – Exclusion of Right of Withdrawal The entrepreneur can exclude the right of withdrawal for the following products, but only if the entrepreneur has clearly stated this in the offer:
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Products made to the consumer's specifications;
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Products that spoil quickly or have a limited shelf life;
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Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
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Products that, due to their nature, are irrevocably mixed with other products after delivery;
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Alcoholic beverages for which the price was agreed upon at the time of concluding the agreement, but which can only be delivered after 30 days;
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Audio and video recordings and computer software whose seal has been broken after delivery;
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Newspapers, magazines, or journals, except for subscriptions.
Article 9 – The Price The prices of the offered products are the prices stated in the offer. These prices include VAT.
The prices do not automatically apply to repeat orders.
The prices of the products stated in the offer are exclusive of shipping costs unless stated otherwise.
Article 10 – Compliance and Additional Guarantee The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the existing legal provisions.
An additional guarantee applies only if explicitly stated in the product specifications.
Article 11 – Delivery and Execution The entrepreneur will take the utmost care in receiving and executing orders for products.
The delivery period is determined by the entrepreneur; however, the entrepreneur is not responsible for exceeding this period unless explicitly agreed otherwise.
If the entrepreneur has specified a delivery period, the consumer may request in writing after this period has expired that delivery be made within 14 days. If the entrepreneur does not comply, the consumer has the right to dissolve the agreement.
Delivery takes place at the address provided by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative.
Article 12 – Payment The consumer is obliged to make payment to the entrepreneur immediately upon receipt of the products.
The consumer may use the payment methods stated in the offer. The entrepreneur is entitled to refuse orders or attach special conditions if payment is not made in advance.
If the consumer does not pay on time, they are legally in default and must pay the entrepreneur after receiving a payment reminder.
Article 13 – Complaints The entrepreneur has an adequate complaints procedure.
The consumer can submit a complaint to the entrepreneur by contacting them and providing the details of the complaint. The entrepreneur will respond in writing or electronically within 14 days after receiving the complaint.
Article 14 – Disputes Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 15 – 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.