Terms and Conditions
Index:
Article 1 – Definitions
Article 2 – Identity of Chekichnetherlands.nl
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 the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and implementation
Article 12 – Payment
Article 13 – Complaints
Article 14 – Intellectual Property
Article 15– Liability
Article 16 – Our right to change these conditions
Article 1 – Definitions
The following definitions apply in these terms and conditions:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with Chekichnetherlands.nl;
Day: calendar day;
Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is 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 cancel the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Distance agreement: an agreement whereby within the framework of a system for distance selling of products and / or services organized by Chekichnetherlands.nl until the conclusion of the agreement use is made exclusively of one or more techniques for distance communication ;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
Article 2 – Identity of Chekichnetherlands.nl
Company Name :Oscar Barber
ADRESS : Lenteakker 88 3206TB Spijkenese Netherlands
KVK Number : 82650047
VAT identification number: NL003708702B37
Email : [email protected]
Phone : +31 619 36 9480
Article 3 – Applicability
These general terms and conditions apply to every offer from Chekichnetherlands.nl and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at Chekichnetherlands.nl 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, contrary to 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 the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read 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 in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
If an offer has a limited duration or is 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 a proper assessment of the offer by the consumer. If Chekichnetherlands.nl uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind Chekichnetherlands.nl.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
the possible costs of delivery;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and implementation of the agreement;
the period for accepting the offer, or the period within which Chekichnetherlands.nl guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so how the consumer can consult it;
the way in which the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, restore it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which Chekichnetherlands.nl has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the event of an extended transaction.
Article 5 – The agreement
The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, Chekichnetherlands.nl will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Chekichnetherlands.nl, the consumer can terminate the agreement.
If the agreement is concluded electronically, Chekichnetherlands.nl 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, Chekichnetherlands.nl will take appropriate security measures.
Chekichnetherlands.nl can – within the law – inform itself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If, on the basis of this investigation, Chekichnetherlands.nl has good grounds not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the implementation.
With the product or service, Chekichnetherlands.nl will send the following information 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:
a. the postal address of Chekichnetherlands.nl where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless Chekichnetherlands.nl has already provided this information to the consumer prior to the execution of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 7 working days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to Chekichnetherlands.nl.
During the cooling-off period, the consumer will handle the product and the 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 exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to Chekichnetherlands.nl, in accordance with the reasonable and clear instructions provided by Chekichnetherlands.nl.
Upon delivery of services:
Upon delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least fourteen days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by Chekichnetherlands.nl with the offer and / or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most.
If the consumer has paid an amount, Chekichnetherlands.nl will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 – Exclusion of the right of withdrawal
Chekichnetherlands.nl 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 Chekichnetherlands.nl 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:
a. that have been created by Chekichnetherlands.nl in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price depends on fluctuations in the financial market on which Chekichnetherlands.nl has no influence;
f. for individual 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 accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
b. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, Chekichnetherlands.nl can offer products or services with variable prices that are subject to fluctuations in the financial market and over which Chekichnetherlands.nl has no influence. This link to fluctuations and the fact that any stated prices 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 Chekichnetherlands.nl has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
Article 10 – Conformity and Warranty
Chekichnetherlands.nl 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. If agreed, Chekichnetherlands.nl also guarantees that the product is suitable for other than normal use.
A guarantee provided by Chekichnetherlands.nl, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Chekichnetherlands.nl on the basis of the agreement.
Article 11 – Delivery and implementation
Chekichnetherlands.nl will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 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 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, Chekichnetherlands.nl will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product appears to be impossible, efforts will be made to make a replacement item available. At the latest at the 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 a possible return shipment are for the account of Chekichnetherlands.nl.
The risk of damage and / or loss of products rests with Chekichnetherlands.nl until the moment of delivery to the consumer or a pre-designated and announced to Chekichnetherlands.nl representative, unless explicitly agreed otherwise.
Article 12 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
The consumer has the duty to report inaccuracies in provided or specified payment data to Chekichnetherlands.nl without delay.
In the event of non-payment on the part of the consumer, Chekichnetherlands.nl has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 13 – Complaints
Chekichnetherlands.nl has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must promptly, fully and clearly described and submitted to Chekichnetherlands.nl, after the consumer has found the defects.
Complaints submitted to Chekichnetherlands.nl will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Chekichnetherlands.nl will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
Article 14 – Intellectual Property
All copyright, all (trade) names and brands and all other intellectual property rights with regard to every material or the content (as part) of the website belong to Chekichnetherlands.nl or its licensors. The consumer may only use this material if explicit permission has been given for this. To the extent necessary, the Consumer may make a copy of an order or contact details, as stated on this website.
Article 15 – Liability
If Chekichnetherlands.nl is liable, then this liability is limited to what is regulated in this and the legal provision (s)
Chekichnetherlands.nl is not liable for damage, of any nature whatsoever, caused by the fact that Chekichnetherlands.nl relied on incorrect and / or incomplete information provided by or on behalf of the consumer.
Chekichnetherlands.nl is not liable for indirect damage, including consequential damage, lost profit, immaterial damage, material damage, missed savings and damage due to business or other stagnation. In the case of consumer purchases, this limitation does not extend beyond that which is permitted in accordance with Section 7:24 (2) of the Dutch Civil Code.
The limitations of liability included in this article do not apply if the damage is due to the intent or gross negligence of Chekichnetherlands.nl.
Chekichnetherlands.nl accepts liability for damage as a result of defects in delivered goods for which Chekichnetherlands.nl is liable.