General terms & conditions

Below you can find a link to our terms and conditions.
Please read this carefully before you place an order at Parts4GSM.

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Stichting Webshop Keurmerk - General Terms and Conditions

 

 

These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014

 

 

CONTENTS

 

Article 1  - Definitions                                             

Article 2  - The Entrepreneur’s identity                       

Article 3  - Applicability                                           

Article 4  - The offer                                     

Article 5  - The agreement                                     

Article 6  - Right of withdrawal                                 

Article 7  - Consumer’s obligations during the reflection period                    

Article 8  - Exercising the Consumer’s right of withdrawal and the costs        

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal  

Article 11 - The price                           

Article 12 - Compliance and extra guaranty                          

Article 13 - Delivery and execution                  

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                               

Article 16 - Complaints procedure                    

Article 17 - Disputes                                      

Article 18 - Additional or varying provisions        

Article 19 - Amendment to the General Terms and Conditions of Webshop Keurmerk

 

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement   and these goods, digital content and/or services are delivered by the        Entrepreneur or a third party on the basis of an arrangement between this   third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible         during a period that matches the purpose for which the information is         destined and which makes unaltered reproduction of the stored information    
  8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  9. Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content   and or services to Consumers at a distance;
  10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional        use is made of one or more technologies of distance communication up to the         conclusion of the contract;
  11. Standard form for withdrawal: the European standard form for      withdrawal included in Appendix 1;
  12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being         together in the same place at the same time.    

 

Article 2 – The Entrepreneur’s identity

DutchSpares B.V., also trading under the name Parts4GSM

Bolderweg 72 F

8243RD Lelystad

The Netherlands

Telephone number: +31 (0) 320 711 387

E-mail address: info@parts4gsm.com

Chamber of Commerce number: 71275606

VAT identification number: NL858647035B01

 

If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;

 

If the Entrepreneur practises a regulated profession:

−     the professional association or professional organisation of which he is a         member;

−     the title of his profession, the place in the EU or in the European Economic      Area   where it is awarded;

−     a reference to the rules of professional practice which are applicable in the     Netherlands and information about where and how these rules of professional   practice        can be accessed.

 

Article 3 – Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the         Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in   what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is        concluded.  
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the        distance contract is concluded, may also be supplied to the Consumer   electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where     the General Terms and Conditions can be viewed electronically and that they         will be sent to at the          Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
  4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall    apply accordingly, and in the event of contradictory terms and conditions, the    Consumer may always appeal to the applicable provision that is most         favourable to him/her.

 

Article 4 – The offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content       adequately. If the Entrepreneur makes use of pictures, they are truthful     images of the products and/or services provided. Obvious errors or mistakes    in the offer do not bind the Entrepreneur.
  3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

 

Article 5 – The contract

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic       means. As long as the receipt of said acceptance has not been confirmed, the   Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic        data transfer and ensure a safe web environment. If the Consumer can pay    electronically, the Entrepreneur shall observe appropriate security measures.
  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors   relevant to responsibly concluding the distance contract. If, acting on the   results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request    supported by reasons, or to attach special terms to the implementation.
  5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing     or in such manner that the Consumer can store it in an accessible manner on          a long-term data carrier:   
            a. the visiting address of the Entrepreneur´s business establishment where     the Consumer may get into contact with any complaints;      
            b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information   about his being exempted from the right of withdrawal;  
            c. the information corresponding to existing after-sales services and     guarantees;
            d. The price including all taxes of the product, service or digital content,          where applicable the delivery costs and the way of payment, delivery or       implementation of the distance contract;
  6. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
  7. the standard form for withdrawal if the Consumer has the right of withdrawal.
  8. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may    ask the Consumer about the reason for the withdrawal but cannot force          him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
    1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the             last product. The Entrepreneur may refuse an order of several products                  with different delivery dates provided that he clearly informs the                      Consumer prior to the order process.
    2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him            received the last batch or the last part.
    3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed                 by him received the first product.

 

In case of services and digital content that is not delivered on a physical carrier:

  1. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier          without giving reasons during at least 14 days. The Entrepreneur may ask        the Consumer about the reason for the withdrawal but cannot force him to         state his reason(s).
  2. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.

 

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

  1. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard     form for withdrawal, the reflection period expires twelve months after the     end of the original reflection period in accordance with the reflection period         determined in the previous sub-clauses of this Article.
  2. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the         original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent    necessary for establishing the nature, the characteristics and the effect of the The guiding principle is that the Consumer may only handle and    inspect the product in the manner in which one is allowed to handle a product in a shop.
  2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than      allowed in sub-section 1.
  3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

  1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the  period of reflection.
  2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days      counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product The Consumer observed the period of returning the product in any     event if the product is returned before the expiration of the period of   reflection.
  3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
  4. The risk and the burden of proof for the correct a