General terms and conditions
The general terms and conditions below have been carefully drawn up and are fully in line with Dutch consumer law. The general terms and conditions below apply to all products and services offered by Bedrebel.
In these terms and conditions, the following definitions shall apply:
1. Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services related to a distance contract and these items, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
7. Durable medium: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or remote services to consumers;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised distance sales system for products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
12. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Entrepreneur's name: Bedrebel
Acting under the name(s): Bedrebel
Branch & visiting address: Kerkstraat 57, 5126 GB Gilze - Netherlands
Phone number: +31(6)2027 75 34
Availability: from Mon to Fri 10:00 - 16:00
Email address: info@bedrebel.eu
Chamber of Commerce number: 88646173
Btw-identificatienummer: NL004638526B05
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - investigate whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall, at the latest on delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
▪ the visiting address of the trader's branch where the consumer can lodge complaints;
▪ the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
▪ the information on guarantees and existing after-sales service;
▪ the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
▪ the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
▪ if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
For products
1. The consumer may dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
2. The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
▪ if the consumer has ordered several products in the same order: the day on which the consumer, or a third party indicated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times.
▪ if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
▪ for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
3. To exercise the right of withdrawal, the consumer must inform the trader of the decision to withdraw from the contract via an unequivocal statement (return product(s) including original packing list). For this purpose, the consumer should use the attached packing list for withdrawal. To comply with the withdrawal period, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
4. For services and digital content not supplied on a tangible medium, the consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
5. The cooling-off period referred to in paragraph 4 starts on the day following the conclusion of the agreement.
1. During the cooling-off period, the consumer shall handle the product and its packaging carefully in order to establish the nature, characteristics and functioning of the product. If the consumer exercises the right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories and - if reasonably possible - in its original condition and packaging. Should the product be damaged or the packaging more damaged than necessary to try the product, we may pass this depreciation of the product on to you. So please treat the product with care and make sure it is properly packed when returning it.
2. The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
1. If the consumer exercises his right of withdrawal, he shall notify the trader within the withdrawal period by adding the original packing list to the return or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, - if reasonably possible - in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the trader indicates by letter to the consumer to bear the costs himself, in that case the consumer does not have to bear the costs of return shipment.
6. If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.
1. The entrepreneur shall 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 of the notification of the return.
2. The entrepreneur shall use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer. 3. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
1. The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:
▪ Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
▪ Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the operator to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
2. Service agreements, after full performance of the service, but only if:
▪ performance has begun with the consumer's express prior consent; and
▪ the consumer has declared that he loses his right of withdrawal once the operator has fully performed the agreement;
3. Products manufactured to consumers' specifications, or custom-made products, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
4. Products that spoil quickly or have a limited shelf life;
5. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
6. Products which, after delivery, are by their nature irrevocably mixed with other products;
7. The supply of digital content other than on a tangible medium, but only if:
▪ performance has begun with the consumer's express prior consent; and
▪ the consumer has declared that he thereby loses his right of withdrawal.
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
▪ these result from statutory regulations or provisions; or
▪ the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
1. The trader guarantees 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 on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. Additional guarantee means any undertaking by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what has been stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
▪ cancel at any time and not be limited to cancellation at a particular time or period;
▪ at least terminate them in the same way as they were entered into by him;
▪ always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement entered into for a definite period, the purpose of which is the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
3. A fixed-term contract that was concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month. The period of notice shall not exceed three months if the contract is for the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
4. An agreement with a limited duration for the regular supply of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
1. Unless otherwise provided for in the agreement or additional terms and conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. If the consumer does not timely meet his payment obligation(s), he owes, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, the legal interest over the amount due and the entrepreneur has the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from said amounts and percentages for the benefit of the consumer.
1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to solve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement procedure.
5. For complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via www.webwinkelkeur.nl/leden/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee concerned.
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. The consumer may also submit the complaint to the Dispute Resolution Committee via the European ODR Platform.
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