General conditions

General conditions

ARTICLE 1 - Definitions.
ARTICLE 2 - Entrepreneur's identity.
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, termination and renewal
ARTICLE 13 - Payment
ARTICLE 14 - Complaints procedure
ARTICLE 15 - Disputes.
ARTICLE 16 - Industry guarantee
ARTICLE 17 - Additional or different provisions.
ARTICLE 18 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions shall apply:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Day: calendar day;
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;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the context of a
system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement exclusive use of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Name of entrepreneur: H&V Beveiliging, trade name; Alarmsystemexpert.nl

Branch address:
Edison Road 12
4207 HG Gorinchem

Tel: +31 (0)85-016 03 16

Reachable at:
Monday through Friday from 9:00 a.m. to 5:00 p.m.


Email address: info@alarmsysteemexpert.nl
Chamber of Commerce number: 69433550

 

ARTICLE 3 - APPLICABILITY

1.These general terms and conditions apply to any offer from the entrepreneur and any distance contract 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 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 conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
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 general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

ARTICLE 4 - THE OFFER

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 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 true reflection of the products and / or services offered. 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. This concerns in particular:
- the price including taxes;
- the cost of delivery, if any;
- The manner in which the agreement will be established and what actions
- needed for that;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which the
- entrepreneur guarantees the price;
- the amount of the remote communication rate if the cost of the
use of remote communication technology are calculated on a
basis other than the regular base rate for the means of communication used;
- Whether the agreement is filed after its formation, and if so at what
- way it can be accessed by the consumer;
- the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an endurance transaction.

ARTICLE 5 - THE AGREEMENT

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. 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 created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and 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 - inform himself 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 distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include with the product or service to 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:
a. the visiting address of the trader's branch where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data 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 of indefinite duration.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

When ordering products (applicable to online purchases only):

1. When purchasing products through the webshop (distance selling), the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

2. During the reflection period, the consumer will handle the product and its packaging with care. The product will only be unpacked or used to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. The right of withdrawal is excluded for customized products, including but not limited to color painted cameras, camera masts and other specially customized products upon request.

4. Orders made in the physical store (store purchases) are excluded from the right of withdrawal and cannot be returned.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

1. If the consumer exercises his right of withdrawal, no more than the cost of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL

1. The trader can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been brought about by the entrepreneur in accordance with specifications of the
consumer;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that may spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single 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. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery began with the consumer's express consent before the cooling-off period expired;
c. concerning betting and lotteries.

ARTICLE 9 - THE PRICE

1. During the validity period stated in the offer, the prices of the products and/or services offered will 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 that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of 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:
a. these are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

ARTICLE 10 - CONFORMITY AND WARRANTY

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 legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
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.

ARTICLE 11 - DELIVERY AND EXECUTION

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer 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 within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

ARTICLE 12 - DURATION TRANSACTIONS DURATION, TERMINATION AND RENEWAL

Termination
1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that has been concluded for the regular delivery 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 the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a particular time or period;
- terminate at least in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a definite period and the purpose of which is to regularly
supply of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 13 - PAYMENT

1. As far as not otherwise agreed upon, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not 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 information provided or stated to the entrepreneur.
4. In case of default of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will 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. A complaint about a product, service or the service of the Entrepreneur can also be submitted via a complaint form on the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute settlement procedure.

ARTICLE 15 - DISPUTES

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of contracts relating to products and services to be supplied or delivered by this entrepreneur, may, subject to the following provisions,
by both the Consumer and the Entrepreneur can be submitted to the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. When the entrepreneur wants to do so, the consumer will have to speak out in writing within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee pronounces judgment under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue its handling if the entrepreneur has been granted suspension of payment, has become bankrupt or has actually terminated his business activities, before a dispute has been handled by the committee at the session and a final ruling has been issued.
8. If, in addition to the Geschillencommissie Webshop, another dispute committee recognized by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Webshop will have exclusive competence for disputes mainly concerning the method of distance selling or provision of services. For all other disputes, the other dispute committee recognized by SGC or Kifid is affiliated.

ARTICLE 16 - INDUSTRY GUARANTEE

1. Webshop Keurmerk guarantees the fulfilment of the binding opinion of the Disputes Committee Webshop by its members unless the member decides to submit the binding opinion to the court for review within two months after sending. This guarantee revives if the binding opinion after review by the court has been upheld and the judgment from which this is apparent has become final. Up to an amount of €10,000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the excess, Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding opinion.
2. The application of this guarantee requires that the Consumer submits a written claim to Webshop Keurmerk and transfers his claim on the Entrepreneur to Stichting Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000,-, the consumer will be offered to transfer his claim to the extent that it exceeds the amount of €10,000,- to the Stichting Webshop Keurmerk, who will in its own name and costs will claim the payment thereof in court to satisfy the consumer.

ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating from these general 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 18 - MODIFICATION OF THE GENERAL CONDITIONS WEBSHOP KEURMERK

1. Stichting Webshop Keurmerk will not change these General Terms and Conditions other than in consultation with the Consumers' Association.
2. Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.