Download als pdf

Terms and Conditions   Article 1 – Definitions   The following applies in these Terms and Conditions:   1.   Entrepreneur: the natural or legal person offering distance products and/or services to the consumer; 2.   Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance agreement with the entrepreneur; 3.   Distance agreement: an agreement whereby, as part of a system organized by the entrepreneur for the distance selling of products and/or services to conclude the agreement, exclusive use is made of one or more technologies for distance communication; 4.   Technology for distance communication: a means that can be used to conclude an agreement without the consumer and trader being together in the same place; 5.   Reflection period: the period during which the consumer can exercise his right of withdrawal; 6.   Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period; 7.   Day: calendar day; 8.   Transaction duration: a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation being spread over time; 9.   Durable medium: any means enabling the consumer or entrepreneur to store the information personally directed to him, in a way that future consultation and unaltered reproduction of the stored information will be possible.   Article 2 – Identity of the entrepreneur www.cosicarrier.com 6601 DD in Wijchen, the Netherlands Phone: 0031-247111000 VAT Identification Number: NL164617449B01   Article 3 - Applicability   1.   These Terms and Conditions apply to every offer of the entrepreneur and to any distance agreement between entrepreneur and consumer. 2.   Before concluding the distance agreement, the text of these Terms and Conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be stated that the Terms and Conditions can be consulted at the entrepreneur’s premises and that they will be sent as quickly as possible free of charge at the request of the consumer. 3.   If the distance agreement is electronically concluded, notwithstanding the preceding paragraph and before the distance agreement is concluded, the text of these Terms and Conditions can be made available to the consumer electronically in such a way that the consumer can store it in a simple way on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the Terms and Conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer, either electronically or otherwise. 4.   In case that besides these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply and in case of conflicting Terms and Conditions, the consumer can always rely on the most favorable applicable provision.   Article 4 - Offer   1.   If an offer is valid for a limited duration or subject to conditions, this will be explicitly stated in the offer. 2.   The offer includes 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, they are a true reflection of the products and/or services on offer. Obvious mistakes or errors in the offer are not binding the entrepreneur. 3.   Each offer contains such information that the rights and obligations attached to the acceptance of the offer are clear. This concerns in particular: §the price including taxes; §any costs of delivery; §how the agreement will be achieved and what actions they require; §whether or not the right of withdrawal applies; §the method of payment, delivery or performance of the agreement; §the deadline for accepting the offer, or the deadline for adhering to the price; §the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate; §if the agreement is filed after the creation, how these files can be consulted by the consumer; §how the consumer, before the conclusion of the agreement, can get informed of popular acts, and the way he can recover these before the contract is concluded; §any language in which, in addition to Dutch, the agreement may be entered; §the conduct to which the entrepreneur is subject and the way the consumer can consult this conduct electronically; and §the minimum duration of the distance agreement in the event of a contract that involves the continuous or periodic supply of products or services.   Article 5 – Agreement   1.   The agreement is, subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions. 2.   If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge receipt electronically of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract. 3.   If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and will make it a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. 4.   The entrepreneur can – within the law – inform himself whether the consumer can meet his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance agreement. If the entrepreneur is justified under this investigation to not enter into the agreement, he is entitled to a reasoned refusal of the order or request or to attach special conditions to its implementation. 5.   The entrepreneur shall send to the consumer together with the product or service the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:       a. the visiting address of the establishment of the entrepreneur where consumers can go with complaints;       b. the conditions and procedures regarding the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;       c. information regarding services after purchase and warranties;       d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information prior to the conclusion 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.   If the entrepreneur committed to provide a range of products and services, the provision in the preceding paragraph shall apply only to the first delivery.   Article 6a - Right of withdrawal upon delivery of products   1.     When purchasing products, the consumer can terminate the agreement without giving any reason within seven working days. This period commences on the day following receipt of the product by or on behalf of the consumer. 2.     During this period the consumer will treat the product and packaging carefully. He will only unpack or use the product as much as necessary to assess whether he would prefer to retain the product. If he exercises his right of withdrawal, he will return the product with all its accessories and – if reasonably possible - in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.   Article 6b - Right of withdrawal upon delivery of services   1.   Upon delivery of services, the consumer can terminate the agreement without giving any reason withing seven working days, commencing on the day following the start of the agreement. 2.   To use his right of withdrawal, the consumer shall focus on the reasonable and clear instructions provided by the entrepreneur upon supply and/or latest upon delivery.   Article 7 - Costs in case of withdrawal   1.   If the consumer exercises his right of withdrawal, at most the costs of returning will be paid by him. 2.   If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but not later than 30 days after the return or withdrawal.   Article 8 - Exclusion right of withdrawal   1.   If the consumer does not have a right of withdrawal, this can only be ruled out by the entrepreneur if the entrepreneur has indicated this clearly in the offer, at least in time before the conclusion of the agreement. 2.   Exclusion of the right of withdrawal is only possible for products: a) made by the entrepreneur to the consumer´s specifications; b) clearly personal in nature; c) not able to be returned by their nature; d) decaying or becoming obsolete rapidly; e) which price depends on fluctuations on the financial market beyond the control of the entrepreneur; f) for individual newspapers and magazines; g) for audio and video recordings and computer software of which the consumer has broken the seal. 3.   Exclusion of the right of withdrawal is only possible for services: a)   regarding accommodation, transport, catering or leisure to be carried out on a certain date or during a specified period; b)   of which the supply has started with the express consent of the consumer before the period of reflection has ended; c)   regarding bets and lotteries.   Article 9 - Price   1.   During the period mentioned in the offer, prices of the products and/or services shall not be increased, except for price changes resulting from changes in VAT rates. 2.   Notwithstanding the preceding paragraph, the entrepreneur can offer products or services which prices are subject to fluctuations on the financial market and of which the entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that prices are target prices, will be indicated in the offer. 3.   Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legislation or regulations. 4.   Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a) they are the result of laws or provisions; or b) the consumer has the power to terminate the agreement at the date the price increase takes effect. 5.   The prices mentioned in the supply of products or services include VAT.   Article 10 - Compliance and warranty   1.   The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the existing legal provisions and/or government regulations on the date of conclusion of the agreeement. 2.   A warranty scheme supplied by the consumer, manufacturer or importer does not affect the rights and claims consumers can claim in respect of a breach of the obligations by the entrepreneur under the law and/or distance agreement.   Article 11 - Delivery and implementation   1.   The entrepreneur shall observe the utmost respect in receiving and executing orders of products and in assessing demands for the provision of services. 2.   The place of delivery is the address that the consumer has communicated to the company. 3.   Subject to what is stated in Article 4 of these Terms and Conditions, the company shall execute 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 executed, this will be communicated to the consumer not later than one month after the order date. In this case, the consumer has the right to terminate the agreement without penalty and will be entitled to any compensation. 4.   In case of dissolution in accordance with the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but not later than 30 days after dissolution. 5.   If delivery of an ordered product is impossible, the entrepreneur will attempt to provide a replacement article. No later than at delivery, it will be indicated in a clear and comprehensible manner that a replacement item is delivered. For replacement articles, the right of withdrawal can not be excluded. The cost of return shipments are borne by the entrepreneur. 6.   The risk of damage and/or loss of products is, until the time of delivery to the consumer, for the risk of the entrepreneur, unless otherwise agreed.   Article 12 - Duration transactions   1.   The consumer may always terminate an agreement entered indefinitely, subject to applicable termination rules and a notice period of at most one month. 2.   An agreement entered for a definite period has a maximum term of two years. If it is agreed that at the consumer’s silence the distance agreement will be renewed, the agreement will continue as a permanent agreement and the notice period will be at most one month after continuation of the agreement.