Terms and Conditions
Article 1: Definitions In these terms and conditions, the following terms are defined as follows:
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Entrepreneur: This refers to a natural person or legal entity that offers products and/or services remotely to consumers.
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Consumer: This refers to a natural person who does not carry out activities in the context of a profession or business and who enters into a distance contract with the entrepreneur.
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Distance agreement: This is an agreement that exclusively uses remote means of communication to sell products and/or services.
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Remote communication means: This refers to means with which an agreement can be concluded without the consumer and entrepreneur being physically present in the same room.
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Reflection period: This is the period during which the consumer can exercise his right of withdrawal.
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Right of withdrawal: This is the consumer's right to cancel the distance contract within the cooling-off period.
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Day: This means a calendar day.
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Duration transaction: This is a distance contract that relates to a series of products and/or services, the delivery and/or execution of which is spread over time.
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Durable data carrier: This is a medium that allows personal information to be stored in a way that allows future consultation and unaltered reproduction.
Article 2: Applicability
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These general terms and conditions apply to every offer from the entrepreneur and to every distance contract between the entrepreneur and the consumer.
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The text of these general terms and conditions will be made available to the consumer prior to concluding the distance contract. If this is not reasonably possible, the consumer will be informed of the availability of the general terms and conditions from the entrepreneur and that they will be provided free of charge upon request.
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In the case of an electronically concluded agreement, the general terms and conditions can be provided to the consumer electronically in a manner that enables the consumer to store them on a durable data carrier. If this is not possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be provided electronically or otherwise free of charge upon request.
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If specific product or service conditions apply in addition to these general terms and conditions, the consumer can rely on the condition that is most favorable to him in the event of conflicting conditions.
Article 3: The offer
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If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
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The offer contains a detailed description of the products and/or services offered, including information about prices, delivery costs, the conclusion of the agreement, the right of withdrawal, payment methods, and other relevant information.
Article 4: The agreement
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The agreement is concluded when the consumer accepts the offer and meets the conditions set, unless otherwise stated in paragraph 4.
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In the case of electronic agreements, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and to provide a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
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The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of the distance contract.
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If the agreement is concluded electronically, the entrepreneur can take appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Article 5: Right of withdrawal
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When purchasing products, the consumer has the right to terminate the agreement without giving reasons for 14 days after receipt of the product. After termination, the consumer has another 14 days to return the product.
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When purchasing services, the consumer has the right to terminate the agreement without giving reasons for 14 days after concluding the agreement.
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The consumer can exercise the right of withdrawal by completing the model withdrawal form and sending it to the entrepreneur, or by otherwise unequivocally indicating that he wishes to terminate the agreement.
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After receipt of the termination, the entrepreneur will immediately refund all payments received from the consumer, including delivery costs, with the exception of any additional costs resulting from the consumer's choice of a different method of delivery than the cheapest standard delivery offered by the entrepreneur. . The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Article 6: Costs in case of withdrawal
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If the consumer exercises his right of withdrawal, the costs of return shipping are at his expense.
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If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal.
Article 7: Exclusion of right of withdrawal
The right of withdrawal is excluded for products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Article 8: The price
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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.
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Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Article 9: Conformity and warranty
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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 or government regulations.
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Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
Article 10: Delivery and execution
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The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for services.
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The address that the consumer has communicated to the entrepreneur is regarded as the place of delivery.
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The entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
Article 11: Duration transactions
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The consumer can cancel an agreement that has been entered into for an indefinite period at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
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An agreement entered into for a fixed period 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 agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 12: Payment
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Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period 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 confirmation of the agreement.
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When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service in question before the agreed advance payment has been made.
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The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
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If the consumer does not meet his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.
Article 13: Complaints procedure
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The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
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Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
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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 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
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The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 14: Disputes
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Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
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Disputes between the consumer and the entrepreneur regarding the conclusion or implementation of agreements relating to products and services to be delivered or delivered by this entrepreneur, can be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, PO Box 90600, 2509 LP, The Hague ( www.sgc.nl ).
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Disputes can also be submitted to the dispute committee via the European ODR platform ( http://ec.europa.eu/consumers/odr/ ).
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.
Article 15: Intellectual Property
The Customer fully acknowledges that all intellectual property rights relating to the displayed information, communications, or other expressions relating to the products and/or the website are held by Orakl, its suppliers, or other legal owners.
Article 16: Personal Data
Orakl will only process the Customer's personal data in accordance with its privacy policy. Orakl takes the relevant privacy rules and legislation into account.
Orakl®
Nobelstraat 19
7131PZ Lichtenvoorde
The Netherlands
hello@orakl.nl
Chamber of Commerce: 88225968
VAT: NL004565525B33