Terms and Conditions
TERMS AND CONDITIONS
Good general terms and conditions are important for Dutch Reef and the customer. Here you can read our General Terms and Conditions.
Not only the government creates rules to ensure the safety of your purchase. We would also like to inform you of our conditions. By agreeing to the General Terms and Conditions, an agreement has been concluded between us and you as a customer. But before you agree to our General Terms and Conditions, we kindly request you to read the terms and conditions carefully and to familiarize yourself with our working method. This can prevent unpleasant situations! If you have any questions about our conditions, you can of course contact us.
In these conditions the following terms have the following meanings:
Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance.
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Reflection period: the period within which the consumer can make use of his right of withdrawal.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
Day: calendar day.
Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase of which is spread over time;
Durable data carrier: 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.
Identity of the entrepreneur Registered in the trade register & acting under the name: Dutch Reef Responsible party: Dhr. A. Luijer Chamber of Commerce: 71807918 Headquarters: Prof. Buyslaan 55 3741DB BAARN
Availability: E-mail address: firstname.lastname@example.org
Online: Via the contact button on the website www.dutchreef.nl/contact
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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 viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
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 can be made available to the consumer electronically in such a way that the consumer can can be easily stored 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 free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of delivery;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery or performance of the agreement;
the term for accepting the offer, or the term for adhering to the price;
the amount of the rate for 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 archived after its conclusion, how it can be consulted by the consumer;
the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
The possible languages in which, in addition to Dutch, the agreement can be concluded; the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
The minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.
The client has the right to terminate the agreement by e-mail within 24 hours after placing the order.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – 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 reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
The visiting address of the business location of the entrepreneur where the consumer can go with complaints;
The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
The information about existing service after purchase and guarantees;
The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal upon delivery of products
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This period starts on the day after receipt of the product by or on behalf of the consumer.
During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
As of 01-09-2018, in accordance with the renewed conditions, the entrepreneur uses the following additions with regard to withdrawal: Dutch Reef reserves the right to only take back purchased returns after consultation and if the item is still in its original packaging. The delivered goods can only be returned within 14 working days after shipment, when the sealed packaging is unopened and when the product is undamaged.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
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 cancellation.
Article 8 – Exclusion right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
Which have been established by the entrepreneur in accordance with the consumer’s specifications;
Which are clearly personal in nature;
Which cannot be returned due to their nature;
That can spoil or age quickly;
When it concerns livestock;
The price of which depends on fluctuations in the financial market on which the entrepreneur has no influence;
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
These are the result of legal regulations or provisions; or
The consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Price changes and typographical errors are reserved, Dutch Reef is entitled to cancel orders and / or quotations by means of a statement, in writing or by telephone in case of typographical errors and price changes without stating reasons.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and or the distance contract.
As of 01-09-2018, in accordance with the renewed conditions, the entrepreneur uses the following additions with regard to Warranty: All goods have a warranty period as drawn up by the manufacturer. Dutch Reef does not grant any guarantee on livestock.
Article 11 – Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer makes known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 2 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 2 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 working days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 – Duration transactions
The consumer can terminate an agreement that has been entered into for an indefinite period of time with due observance of the agreed cancellation rules and a notice period of no more than one month.
A fixed-term agreement has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be a maximum of one month.
Article 13 Payment
Goods are delivered after receipt of the amounts due via the options made available in the web shop.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Payment can be made via iDEAL (internet banking), bank transfer and PayPal. Payments take place in an (SSL) secure environment, all transactions are monitored by the highly secure third parties. The entrepreneur is not responsible for the security of these third parties, but has deliberately chosen these partners for all transaction forms.
The information provided by the client will be stored in the database of Dutch Reef. Dutch Reef will take care of the privacy of this data in the best possible way. Data from the client will never, ever be provided to third parties. The client has the right of inspection and can request to view his stored data at any time.
Article 14 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Dutch Reef uses the following additions with regard to Disputes:
All disputes, including those which are regarded as such by one party only, arising from or in connection with the agreement to which these terms and conditions apply or the relevant terms and conditions themselves and its interpretation or implementation, both of a factual and legal nature, will be decided by the competent Dutch court in our area of residence, insofar as the legal provisions allow this.
If Dutch Reef is forced to hand over the claim to a collection judicial office, all associated costs will be borne by the customer.
Both the judicial as well as the extrajudicial costs, the extrajudicial costs are calculated on 15% of the invoice / claim of Dutch Reef with a maximum amount of € 75.00
Article 16 – Additional or deviating provisions
Additional provisions or provisions that deviate 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.
Article 17 – Amendments to the general terms and conditions
Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of any applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
General terms and conditions drawn up on September 7, 2018 in Baarn.