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General Terms and Conditions Cleia Oboticario

General Terms and Conditions Cleia Oboticário

Table of Contents:

  • Article 1 – Definitions
  • Article 2 – Identity of the Entrepreneur
  • Article 3 – Applicability
  • Article 4 – The Offer
  • Article 5 – The Agreement
  • Article 6 – Right of Withdrawal
  • Article 7 – Consumer’s Obligations During the Cooling-off Period
  • Article 8 – Exercise of the Right of Withdrawal by the Consumer and the Costs Thereof
  • Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
  • Article 10 – Exclusion of the Right of Withdrawal
  • Article 11 – The Price
  • Article 12 – Performance and Additional Warranty
  • Article 13 – Delivery and Execution
  • Article 14 – Payment
  • Article 15 – Complaints Procedure
  • Article 16 – Disputes
  • Article 17 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary agreement: An agreement where the consumer acquires products related to a distance agreement, and these products are delivered by the entrepreneur or a third party based on an agreement between the third party and the entrepreneur.
  • Cooling-off period: The period within which the consumer can exercise the right of withdrawal.
  • Consumer: The natural person who does not act for purposes related to his or her trade, business, craft, or profession.
  • Day: Calendar day.
  • Digital content: Data produced and delivered in digital form.
  • Duration agreement: An agreement for the regular delivery of goods for a specific period.
  • Durable data carrier: Any tool – including e-mail – that allows the consumer or entrepreneur to store information intended personally for him/her in a manner that permits future consultation or use for a period suited to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information.
  • Right of withdrawal: The consumer’s ability to cancel the distance agreement within the cooling-off period.
  • Entrepreneur: The natural or legal person who offers products at a distance to consumers.
  • Distance agreement: An agreement concluded between the entrepreneur and the consumer within a framework of a system organized for the sale of products at a distance, in which communication techniques for distance communication are used, at least partially, up to and including the conclusion of the agreement.
  • Distance communication technique: A medium that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.

Article 2 – Identity of the Entrepreneur

  • Entrepreneur’s name: Cleia Kats
  • Operating under the name: Cleia Oboticário
  • Business address: Operastraat 55, 7534EH Enschede
  • Phone number: +31 (0) 625513002
  • Email: info@cleia-oboticario.nl
  • Chamber of Commerce number: 61144657
  • VAT number: NL259529643B01
  • Availability: Monday to Friday, 9:00 AM to 5:00 PM

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and every distance agreement concluded between the entrepreneur and the consumer.
Before concluding the distance agreement, the entrepreneur will make these terms and conditions available to the consumer. If this is not reasonably possible, the entrepreneur will, before concluding the distance agreement, indicate where the general terms and conditions can be viewed, and that they will be sent to the consumer free of charge upon request.
If the distance agreement is concluded electronically, the text of these terms and conditions will be made available electronically, so the consumer can store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically, and that they will be sent to the consumer upon request, free of charge.

In case specific product terms also apply in addition to these general terms, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may always refer to the provision that is most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Every offer contains information that makes it clear to the consumer what rights and obligations are linked to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed the receipt of the acceptance, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the secure transmission of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, inform themselves about whether the consumer can meet their payment obligations and about all facts and factors relevant to responsibly concluding the distance agreement. If the entrepreneur has valid reasons not to proceed with the agreement, they may refuse an order or application or attach special conditions to its execution.
The entrepreneur will provide the following information to the consumer, in writing or in a manner that the consumer can store it on a durable data carrier, no later than at the time of delivery of the product:

  • The visit address of the entrepreneur’s business where the consumer can file complaints.
  • The conditions and method for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  • Information on guarantees and after-sales services.
  • The price including taxes of the product, service, or digital content, any delivery costs, and the method of payment, delivery, or execution of the distance agreement.
  • The requirements for cancellation of the agreement if the agreement lasts more than one year or is of indefinite duration.
    In the case of a duration agreement, the provision above only applies to the first delivery.

Article 6 – Right of Withdrawal for Products

  • The consumer may cancel an agreement related to the purchase of a product within a reflection period of at least 14 days without providing a reason.
  • The reflection period begins the day after the consumer, or a third party designated by the consumer (excluding the carrier), receives the product, or:
    • If the consumer has ordered multiple products in the same order: the day the consumer, or a designated third party, receives the last product.
  • The entrepreneur may refuse an order for multiple products with different delivery times, provided the delivery consists of multiple shipments or parts: the day the consumer, or a designated third party, receives the last shipment or part.
  • For agreements concerning the regular delivery of products over a specific period: the day the consumer, or a designated third party, receives the first product.

Article 7 – Obligations of the Consumer During the Reflection Period

  • During the reflection period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functionality. The consumer is allowed to handle and inspect the product as they would in a store.
  • The consumer is liable for any depreciation of the product resulting from handling the product in a manner that goes beyond what is necessary under the first paragraph.
  • The consumer is not liable for depreciation if the entrepreneur has not provided all the legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Related Costs

  • If the consumer exercises their right of withdrawal, they must notify the entrepreneur by email at info@cleia-oboticario.nl within the reflection period.
  • The consumer must return the product as soon as possible, but no later than 14 days after sending the notification, or hand it over to the entrepreneur (or an authorized representative). This is not required if the entrepreneur has offered to collect the product. The return period is considered met if the consumer sends the product back before the end of the reflection period.
  • The consumer must return the product with all supplied accessories, in its original condition and packaging, and in accordance with any clear and reasonable instructions provided by the entrepreneur.
  • The risk and burden of proof for correctly and timely exercising the right of withdrawal lie with the consumer.
  • The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that these costs must be borne by the consumer, or if the entrepreneur has agreed to bear the return costs themselves, the consumer does not have to pay for the return shipping.
  • If the consumer exercises their right of withdrawal, any supplementary agreements are automatically canceled.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

  • If the entrepreneur allows the withdrawal notification to be made electronically, they must acknowledge receipt of the notification immediately upon receiving it.
  • The entrepreneur must refund all payments made by the consumer, including any delivery costs (excluding return shipping costs) charged for the returned product, once the product has been received by the entrepreneur.
  • The entrepreneur must use the same payment method as the consumer used for the refund, unless the consumer agrees to another method. The refund should be free of charge for the consumer.
  • If the consumer chose a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusions from the Right of Withdrawal

  • The entrepreneur may exclude the following products from the right of withdrawal, but only if this is clearly stated at the time of the offer or, at the latest, before the conclusion of the agreement:
    • Products whose price is subject to fluctuations on the financial market that the entrepreneur cannot influence, and that may occur during the withdrawal period.
    • Products made according to the consumer’s specifications, which are not prefabricated and are manufactured based on individual choices or decisions by the consumer, or products clearly intended for a specific person.
    • Sealed audio or video recordings and computer software, whose seal has been broken after delivery.

Article 11 – The Price

  • The prices of the offered products will not increase during the validity period stated in the offer, except for price changes due to changes in VAT rates.
  • The entrepreneur may offer products with variable prices that are subject to fluctuations in the financial market, which the entrepreneur cannot influence. This dependency on fluctuations, as well as the fact that any listed prices are indicative, will be mentioned in the offer.
  • Price increases within 3 months after the agreement is concluded are only allowed if they are the result of legal regulations or provisions.
  • Price increases more than 3 months after the agreement is concluded are only allowed if the entrepreneur has stipulated this and:
    • They are the result of legal regulations or provisions; or
    • The consumer has the right to cancel the agreement from the day the price increase takes effect.
  • The prices mentioned in the offer include VAT.

Article 12 – Compliance with the Agreement and Additional Warranty

  • The entrepreneur guarantees that the products meet the terms of the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and government regulations at the time the agreement is concluded.
  • If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  • Any additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer does not limit the consumer’s legal rights and claims based on the agreement if the entrepreneur fails to fulfill their part of the agreement.
  • An additional warranty refers to any commitment made by the entrepreneur, their supplier, manufacturer, or importer in which they grant the consumer certain rights or claims that go beyond the legal requirements in case of non-performance of the agreement by the entrepreneur.

Article 13 – Delivery and Execution

  • The entrepreneur will take the utmost care when accepting and executing orders for products.
  • The delivery address is the one provided by the consumer to the entrepreneur.
  • The entrepreneur will execute accepted orders with due care, but no later than 30 days unless a different delivery period is agreed upon.
  • If delivery is delayed or if an order can only be partially fulfilled, the consumer will be informed within 30 days of placing the order. In this case, the consumer has the right to cancel the agreement without cost.
  • After cancellation, the entrepreneur must refund the amount paid by the consumer without delay.
  • The risk of damage to or loss of products lies with the entrepreneur until delivery to the consumer or a designated representative, unless otherwise agreed upon.

Article 14 – Payment

  • Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if no reflection period applies, within 14 days after the conclusion of the agreement. For service agreements, this period starts the day the consumer receives the confirmation of the agreement.
  • In the sale of products to consumers, the consumer can never be required to pay more than 50% in advance. If advance payment is agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) until the agreed advance payment has been made.
  • The consumer must promptly inform the entrepreneur of any inaccuracies in the provided or mentioned payment details.
  • If the consumer does not make timely payment, they will owe statutory interest on the outstanding amount after being reminded by the entrepreneur, and after a 14-day period has passed without payment. The entrepreneur is also entitled to charge extrajudicial collection costs, which amount to a maximum of 15% for outstanding amounts up to €2,500, 10% for the next €2,500, and 5% for amounts exceeding €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages for the benefit of the consumer.

Article 15 – Complaints Procedure

  • The entrepreneur has a sufficiently well-known complaints procedure and handles complaints in accordance with this procedure.
  • Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable period after the consumer has discovered the defects.
  • Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  • The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 16 – Disputes

  • The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 17 – 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 or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.