General terms and conditions

General Terms and Conditions of Sale of BCS Europe at Opmeer.

Article 1: Definitions

1.1
In these general terms and conditions, the following definitions shall apply:

a. the entrepreneur: the natural person, legal person or partnership, acting in the exercise of a profession or business, who uses these web shop conditions;

b. consumer: any natural person who - not acting in the exercise of a profession or business - enters into an agreement as referred to under c with the entrepreneur;

c. contract: the distance sales contract whereby the trader undertakes to give one or more movable items and the consumer undertakes to pay a price in money for them.

d. the offer: the trader's offer to conclude an agreement as referred to under c of this article.

Article 2: Applicability

2.1
These terms and conditions apply to all offers made by the entrepreneur and to all contracts he concludes with consumers.

2.2
In case of conflict between the contents of the contract concluded between the entrepreneur and the consumer and these general terms and conditions, the provisions of the contract take precedence.

Article 3: The offer

3.1
The offer is non-binding. The entrepreneur has the right to revoke his offer up to two working days after the acceptance has reached him.

3.2
The illustrations and photographs used shall as far as reasonably possible faithfully represent the appearance of the products. A product that shows minor deviations from the appearance in the illustrations and photos of that product will comply with the agreement despite this.

Article 4: Inaccuracies in information provided

4.1
The consumer bears the risk for damage caused by inaccuracies in the data provided by or on behalf of the consumer. This does not affect the entrepreneur's duty to point out to the consumer any inaccuracies in the data provided by or on behalf of the consumer that are reasonably known to him and relevant for the execution of the agreement if they reveal themselves to the entrepreneur before or during the execution of the agreement and the entrepreneur should be considered expert in the matter.

Article 5: Delivery time and transfer of risk

5.1
Unless otherwise agreed, the delivery time shall be no later than 30 days after the conclusion of the agreement.

5.2
The item is at the consumer's risk from delivery.

5.3
In case of delivery of items, the risk of the item passes at the moment the consumer or a third party designated by him, who is not the carrier, has received the item.

Article 6: Payment

6.1
Payment shall be made to an account designated by the entrepreneur.

6.2
Unless otherwise agreed, payment shall be made as follows:

a. for instalment payments: 50% of the total price due at the conclusion of the agreement and 50% on delivery.

b. for payment in arrears: within 14 days after delivery. In case of separate delivery of several items from the same order, the payment period shall start on the day the last item is delivered to the consumer.

Article 7: Right of withdrawal

7.1
The consumer has the option to dissolve the agreement without giving reasons for 14 days (the "cooling-off period"), unless it concerns an item for which there is no right of dissolution, as included in the third paragraph of this article.

7.2
The reflection period starts:

a. on the day after receipt of the item by the consumer or a representative previously designated by the consumer and made known to the entrepreneur;

b. in case of separate delivery of several items from the same order: on the day the consumer received the last item.

c. on delivery of an item consisting of several consignments or parts: on the day on which the last consignment or part is received.

d. in the case of an agreement for the regular delivery of items during a specific period: on the day on which the consumer or a third party designated by the consumer, who is not the carrier, received the first item.

7.3
The consumer has no right of rescission on the delivery of:

a. items created by the entrepreneur in accordance with the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer;

b. items clearly intended for a specific person;

c. items that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

d. items which, after delivery, are by their nature irrevocably mixed with other items;

e. alcoholic beverages, the price of which has been agreed upon at the time of concluding a consumer purchase, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market outside the trader's control;

f. audio and video recordings and computer software of which the seal has been broken after delivery;

g. newspapers, periodicals or magazines, with the exception of a contract for the regular supply of such publications.

Article 8: Exercise of the right of withdrawal

8.1
The consumer exercises the right of withdrawal by:

a. return the model withdrawal form provided by the entrepreneur, completed; or

b. send another statement to the entrepreneur clearly showing that he wants to revoke.

8.2
The consumer shall return or hand over the item received by him to the trader or to a person authorised by the trader to receive the item as soon as possible, but not later than 14 days after issuing the withdrawal notice.

8.3
The consumer bears the direct costs of returning the item.

8.4
If the consumer exercises his right of withdrawal, all additional contracts are dissolved by operation of law.

Article 9: Obligation to refund by the entrepreneur in case of withdrawal

9.1
The operator will refund to the consumer all payments received, including any delivery costs charged by the operator for the returned product.

9.2
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs for the more expensive method.

9.3
The trader must refund the amounts due as soon as possible, but at the latest within 14 days of receiving the notice of withdrawal. The consumer cannot demand a refund from the entrepreneur as long as the item has not been received by the entrepreneur or the consumer has proven that the item was returned. This does not apply if the entrepreneur offers to collect the item himself.

9.4
For reimbursement, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.

Article 10: Obligations of the consumer during the cooling-off period

10.1
During the reflection period, the consumer shall handle the item and its packaging with care. He shall only unpack or use the item to the extent necessary to judge whether he wishes to keep the item. If he exercises his right of withdrawal, he will return the item with all delivered accessories and - if reasonably possible - in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

10.2
The consumer is liable for depreciation of the item if treatment of the item has gone beyond what is necessary to establish its nature, characteristics and functioning.

Article 11: Force majeure

11.1
If fulfilment of an obligation under the agreement is temporarily impossible for one of the parties due to a cause beyond his control, that party shall be entitled to suspend fulfilment of its obligations for that period.

11.2
If fulfilment of an obligation under the agreement is permanently impossible for one of the parties due to a cause that cannot be attributed to him, he shall be entitled to dissolve the agreement against reimbursement to the other party of costs reasonably incurred.

Article 12: Retention of title

12.1
After delivery, the entrepreneur remains the owner of delivered items for as long as the consumer:
- failed to fulfil its obligations under any agreement with the entrepreneur;
- claims arising from failure to perform the above agreements, such as damages, penalties, interest and costs, has not been paid.

Article 13: Fulfilment of contract and warranty

13.1
The proprietor guarantees that a delivered item complies with the contract. The proprietor also guarantees that the item possesses those properties which, taking all circumstances into account, are necessary for normal use, as well as for special use, insofar as this has been agreed.

13.2
If a deviation from what was agreed upon becomes apparent within six months after delivery, it is assumed that the item did not comply with the contract upon delivery. In that case, the proprietor shall remedy the defect free of charge, unless he can prove that the item did comply with the contract at the time of delivery. The foregoing does not affect the fact that the proprietor can remain liable for any defects in the item on the grounds of the law even after the aforementioned periods.

13.3
The guarantee referred to in paragraph 2 lapses, if:
- defects are the result of normal wear and tear;
- defects have been caused by error, improper use or default by the consumer or his legal successor, or by external causes;
- defects are the result of non- or improperly performed maintenance;
- defects result from installation, assembly, modification or repair by the consumer or by third parties.

13.4
The entrepreneur is only obliged to carry out the guarantee when the consumer has fulfilled all his obligations.

Article 14: Duty to complain

14.1
The consumer can no longer appeal to a defect in the performance if he has not complained to the entrepreneur in writing or electronically within a reasonable time after he discovered or reasonably should have discovered the defect.

Article 15: Late payment

15.1
If the consumer fails to pay on time, he is deemed to be in default without further notice.

15.2
After the payment date has passed, the proprietor sends the consumer one payment reminder, in which the proprietor states that the consumer still has the opportunity to pay within 14 days of receiving the payment reminder and that and what amount in collection costs the consumer will owe if (full) payment is not made within that period. The amount of the collection costs should be in accordance with the "Decree on compensation for extrajudicial collection costs".

15.3
The proprietor has the right to charge interest on the payment that is not made on time, from the expiry of the payment term until the day the amount due is received. This interest is equal to the statutory interest referred to in article 6:119 of the Dutch Civil Code.

Article 16: Applicable law and competent court

16.1
Dutch law shall apply.

16.2
The Vienna Sales Convention (C.I.S.G.) shall not apply, nor shall any other international regulation the exclusion of which is permitted.

16.3
Only the Dutch civil court with jurisdiction in the consumer's place of residence will take cognisance of disputes, unless this is contrary to mandatory law.