General Terms and Conditions
DoaBuy International Trading Company B.V.
Table of Contents:
Article 1 - Definitions
Articele 2 - Identity of the entrepreneur
Articele 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur at withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Fulfilment and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
In these conditions the following terms shall have the following meanings:
1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content
and/or services in connection with a distance contract and that these items, digital content
and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader.
agreement between that third party and the operator;
2. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his/her trade, business, craft or profession
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital Content: data that is produced and supplied in digital form;
6. Contract for an indefinite period of time: a contract that provides for the regular supply of goods, services and/or digital
6. Extended duration contract: a contract that extends to the regular supply of goods, services and/or digital content for a specific period;
7. Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information in a durable medium.
7. Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that
way that allows future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and that
for which the information is intended, and which enables the unaltered reproduction of the stored information.
allows for the unaltered reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period; 7.
8. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or
9. entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer
10. Distance contract: an agreement that is concluded between the trader and the consumer within the framework of an organised system for the distance sale of products
digital content and/or services, whereby until the conclusion of the agreement the sole or
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, where, up to and including the moment the agreement is concluded, exclusive or joint use is made of one or more techniques for distance communication;
11. Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions.
Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions. Annex I does not need to be made available if the
Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for concluding an
12. Means of distance communication: means that can be used to conclude an agreement, without the consumer and the trader having to be in the same place at the same time.
12. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and the entrepreneur having to be together in the same room at the same time.
Article 2 - Identity of the
DoaBuy International Trading Company B.V. Trade Register number: 84189150 VAT number: NL863126261B01
Telephone number: 0495-782900 (available on working days from 8.30 to 17.00)
E-mail address: info@doabuy.eu
E-mail address support: support@doabuy.eu
Chamber of Commerce number: 84189150
If the Entrepreneur's activity is subject to a relevant licensing regime: the
Entrepreneur's details on the supervising authority.
If the Entrepreneur practises a regulated profession
- the professional association or organisation with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.
how these professional rules can be accessed.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that is
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general
2. Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the
entrepreneur, before the distance contract is concluded, indicate how the
general conditions at the entrepreneur and that they, at the request of the consumer, will be sent free of charge as soon as possible.
be sent free of charge to the consumer as soon as possible.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these general terms and conditions
3. If the distance contract is concluded electronically, then, 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 by electronic means in such a way that
by the consumer in a simple manner can be stored on a durable medium.
given
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be
expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered,
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper
The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of
If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered.
products, services and/or digital content. Obvious mistakes or errors in the offer are not binding on the
offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are linked to the acceptance of the offer.
Every offer contains such information, that it is clear to the consumer what the rights and obligations are, which are connected to the acceptance of the offer.
Article 5 - The agreement
1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer
acceptance of the offer by the consumer and the fulfilment of the conditions set.
conditions thereby.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
Agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe
take appropriate security measures.
4. The entrepreneur may, within the limits of the law - inform whether the consumer can fulfill his payment obligations
The entrepreneur may, within the limits of the law, inform the consumer about his ability to fulfil his payment obligations, as well as about all those facts and factors which are important for
responsibly concluding the distance contract. If the entrepreneur, on the basis of this
If, on the basis of this examination, the trader has sound reasons for not concluding the contract, he is entitled to refuse an order or application
refuse an order or application or to attach special conditions to its implementation.
to the implementation of special conditions.
5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the
5. No later than at the time of delivery of the product, service or digital content, the entrepreneur shall send the
5. No later than at the time of delivery of the product, service or digital content, the entrepreneur shall send the consumer the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier
a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints
complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal
can make use of the right of withdrawal or a clear notification about being excluded from the right of withdrawal
right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; insofar as applicable, the costs of
the cost of delivery; and the method of payment, delivery or performance of the distance
the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of
more than one year or for an indefinite period of time;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In case of a long-term transaction, the provision in the previous paragraph shall apply only to the first
delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can dissolve an agreement with regard to the purchase of a product during
1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without stating any reasons. The entrepreneur may
The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
Obligation.
2. The cooling off period referred to in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, which is not the
The cooling off period mentioned in paragraph 1 starts the day after the consumer, or a third party appointed by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in one order: the day on which the
consumer, or a third party designated by him, has received the last product. The
The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process
informed about this clearly prior to the ordering process, refuse an order for multiple products with a different
delivery time.
b. If the delivery of a product consists of multiple shipments or parts: the day
on which the consumer, or a third party designated by him, received the last shipment or the last part
part has received;
c. in case of agreements for regular delivery of products during a certain period of time
the day on which the consumer, or a third party appointed by him, has received the first product
received the first product.
In the case of services and digital content which is not supplied on a tangible medium:
3. The consumer may conclude a service contract and a contract for the supply of digital
3. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium during at least 14 days without giving any reason.
The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason of his withdrawal,
The trader may ask the consumer for his reason for withdrawing, but may not oblige him to give his reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content which is not supplied on a tangible medium
if no information is provided about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after
the end of the original period of reflection, as stipulated in the previous paragraphs of this article
cooling-off period.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph
consumer in the previous paragraph within twelve months after the start date of the original
the cooling-off period expires 14 days after the day on which the consumer received this information.
Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with care. He
unpack or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product.
the functioning of the product. The starting point here is that the consumer may only handle and inspect the product
The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for decrease in value of the product which is the result of a
The consumer is only liable for the decrease in value of the product which is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not responsible for decrease in value of the product if the entrepreneur
The consumer shall not be liable for any diminution in the value of the product if the entrepreneur has not provided him, before or at the time of concluding the contract, with all legally required information on the
The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the time of concluding the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the seller of this within the withdrawal period
By means of the model form for withdrawal or in any other unambiguous way to the entrepreneur
trader within the withdrawal period by means of a model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1,
The consumer shall send back the product or hand it over to (an authorised representative of) the entrepreneur.
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
The consumer has in any case complied with the return period if he returns the product
before the period for reflection has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible
The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear
clear instructions provided by the entrepreneur.
4. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the
consumer.
5. The consumer shall bear the direct costs of returning the product. If the
entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur
The consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after first explicitly requesting that the provision of
service or the supply of gas, water or electricity which are not made ready for sale in a
starts during the withdrawal period, the consumer owes the entrepreneur an amount which is in proportion to the volume or the quantity
entrepreneur an amount that is proportional to that part of the commitment that
fulfilled by the entrepreneur at the time of withdrawal compared to the full extent of
fulfilment of the commitment.
7. The consumer shall not bear any costs for the execution of services or the supply of water, gas or electricity, which are not ready for sale.
electricity, which are not made ready for sale in a limited volume or quantity, or for the
supply of district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the
a. the trader did not provide the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the case of withdrawal or on the model form for withdrawal, or
b. the consumer has not expressly requested the commencement of the performance of the service or supply of
gas, water, electricity or district heating during the withdrawal period.
8. The consumer shall not bear any costs for the complete or partial delivery of digital content which is not delivered on a
8. The consumer does not bear any costs for the complete or partial delivery of digital content which is not supplied on a tangible medium if:
a. prior to delivery he has not expressly consented to the commencement of the performance of the
performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this declaration by the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary
If the consumer makes use of his right of withdrawal, all supplementary contracts will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes it possible for the consumer to report his withdrawal electronically, he shall, after receipt of this report
he shall send a confirmation of receipt without delay after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product
The entrepreneur shall reimburse all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the
entrepreneur offers to pick up the product himself, he may wait with repayment until he has received the
product or until the consumer demonstrates that he has returned the product, whichever comes first.
whichever comes first.
3. The entrepreneur shall use the same means of payment the consumer used for repayment,
unless the consumer agrees to a different method. The refund is free of charge for the
consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
to repay the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but
only if the trader clearly stated this fact when making the offer, or at least in good time prior to concluding the contract
agreement, at least in good time before concluding the agreement:
1. Products or services of which the price is linked to fluctuations on the financial market
1. Products or services of which the price is linked to fluctuations on the financial market over which the trader has no influence and which may occur within the withdrawal period
occur within the withdrawal period;
2. Contracts that have been concluded during a public auction. A public auction is understood to mean
A public auction is a method of sale whereby products, digital content and/or services are offered by the
Entrepreneur is offered to the consumer who is present in person or is given the opportunity to be present in person at the auction, led by an auctioneer, and whereby the
opportunity to be present in person at the auction, led by an auctioneer, and whereby the successful bidder is
successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. the execution has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely carried out the
agreement has been fully implemented;
4. Package holidays as referred to in article 7:500 Civil Code and passenger transport agreements;
5. Service contracts for the provision of accommodation, if the contract specifies a
5. service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes,
transport of goods, car rental services and catering;
6. Contracts concerning leisure activities, if the contract provides for a specific date or period of
6. Contracts concerning leisure activities, if the contract provides for a specific date or period of performance;
7. Products made to the consumer's specifications, which are not prefabricated and
that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person
are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return due to reasons of health protection or hygiene; 9.
9. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products which, after delivery, are irrevocably mixed with other products due to their nature;
11. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement
Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement but the delivery can only take place after 30 days, and of which the actual value is
11. Alcoholic beverages of which the price was agreed at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio-, video-recordings and computer software, of which the seal has been broken after
12. Sealed audio-, video-recordings and computer software, of which the seal has been broken after delivery;
13. Newspapers, magazines or journals, with the exception of subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period mentioned in the offer, the prices of the products and/or services offered
products and/or services are not increased, except for price changes due to changes in VAT rates.
VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services of which the prices are
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that
In deviation from the previous paragraph, the entrepreneur may offer products or services at variable prices. This link to fluctuations and the fact that any
This link to fluctuations and the fact that any prices mentioned are recommended prices shall be stated with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the
Price increases from 3 months after concluding the contract are only permissible if the Entrepreneur has stipulated them and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of agreement and additional guarantee
1. The trader guarantees that the products and/or services fulfill the contract, the specifications
specifications stated in the offer, to the reasonable requirements of reliability and/or serviceability
and on the date of the conclusion of the agreement existing legal provisions and/or
and/or government regulations. If agreed, the entrepreneur also guarantees that
the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the legal rights and claims of the entrepreneur.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may enforce against the
Agreement against the Entrepreneur if the Entrepreneur has failed to fulfil his part of the Agreement.
part of the agreement.
3. Under additional guarantee is understood any commitment from the entrepreneur, his supplier
importer or producer in which he grants the consumer certain rights or claims that
go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
of his part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving
and in the execution of orders of products and in assessing applications for the provision of
provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in Article 4 of these general terms and conditions
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall carry out accepted orders with convenient speed but at least within 30 days, unless a different
With due observance of that which is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed
If the delivery is delayed, or if an order cannot be filled or can be filled only partially,
the consumer shall receive notice of this within 30 days after he has placed the order. The
In that case, the consumer has the right to dissolve the agreement without any costs and the right to possible
possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer with the amount paid
immediately repay the amount the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and known to the entrepreneur
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.
Article 14 - Extended duration transactions: duration, termination and extension
Termination:
1. The consumer may contract for an indefinite period and that extends to the
regular delivery of products (including electricity) or services, at any time in accordance with the agreed
The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a
of up to one month.
2. The consumer may contract for a definite period and that extends to the
regular delivery of products (including electricity) or services, at any time at the end of the fixed term
the end of the fixed term in compliance with the applicable termination
termination rules and a notice of up to one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs
- terminate them at all times and not be limited to termination at a specific time or during a specific
particular period;
- at least terminate them in the same manner as they were concluded by him;
- always terminate them with the same period of notice as the entrepreneur has stipulated for himself.
Renewal:
4. An agreement which was entered into for a definite period of time and which extends to the regular supply of products
products (including electricity) or services, may not be tacitly extended or
renewed for a limited period of time.
5. Notwithstanding the preceding paragraph, an agreement entered into for a definite period of time and which
5. In deviation from the previous paragraph, a contract for a definite period of time for the regular supply of daily or weekly newspapers and magazines may be tacitly
may be tacitly extended for a fixed period of up to three months if the consumer has
prolonged contract towards the end of the prolongation with a period of notice not exceeding one month.
of at most one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be
products or services may only be tacitly extended for an indefinite period of time if the
The consumer may at all times terminate with a notice of up to one month. The
The notice period is up to three months if the agreement aims to regularly, but less than once a month, deliver products or services.
The period of notice shall not exceed three months if the contract is intended for the regular, but less frequent, delivery of daily or weekly newspapers and magazines.
7. An agreement with a limited duration for the regular supply, by way of introduction, of daily
news and weekly newspapers and magazines (trial or introductory subscription) shall not be
A trial or introductory subscription for a limited period of time to regularly supply daily, news and weekly newspapers and magazines for tasting purposes is not automatically continued and ends at the end of the trial or introductory period.
Duration:
8. If a contract lasts more than one year, after one year the consumer may at any time terminate the
If a contract lasts more than one year, after one year the consumer may at any time terminate the agreement with a notice of up to one month, unless the
reasonableness and fairness resisting the termination before the end of the agreed duration.
resist the end of the agreed duration.
Article 15 - Payment
1. Insofar as not determined otherwise in the agreement or additional terms and conditions, the amounts
sums owed by the consumer must be paid within 14 days after the start of the
cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the agreement.
agreement. In case of an agreement for the provision of a service, this period shall start on the day after the consumer has received the
begins on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may in general terms and conditions
When selling products to consumers, the consumer may never be required to pay more than 50% in advance. When prepayment is
When prepayment is stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned.
If an advance payment is stipulated, the consumer may not assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has
has taken place.
3. The consumer has the duty to report any inaccuracies in payment data provided or mentioned immediately to the
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment, entitled to a period of 14 days.
If the consumer does not meet his payment obligation(s) on time, he is, after being made aware of the late payment by the entrepreneur, entitled to a period of 14 days to
14 days to fulfil his payment obligations after the consumer has been made aware of the overdue payment and the entrepreneur has given the consumer a period of 14 days to do so
payment within this 14-day period, the statutory interest is owed on the amount owing and the entrepreneur is entitled to charge the
owed and the entrepreneur has the right to charge the extrajudicial collection costs
The entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over
These collection costs amount to a maximum of: 15% over amounts owing up to € 2,500; 10% over the next € 2,500 and 5% over the following € 5,000.
5% over the next € 5,000, with a minimum of € 40. The proprietor can deviate from the amounts and
The proprietor can deviate from the aforementioned amounts and percentages in favour of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur shall have a sufficiently notified complaints procedure and shall handle the
complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted within a reasonable time after the
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time after the consumer has found the defects, fully and clearly described.
the entrepreneur.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the
If a complaint requires a foreseeable longer time to process, the entrepreneur shall respond within 14 days with a notice of receipt and an
receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint in
The consumer should at least give the entrepreneur four weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the
dispute resolution procedure.
Article 17 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general
These general terms and conditions are subject to Dutch law only.
Article 18 - Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the
of the customerand should be recorded in writing or in such a way that they can be
can be stored by the customer in an accessible manner on a durable data carrier.
data carrier.
Annex I: Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To:
DoaBuy International Trading Company B.V.
Schoutlaan 10a, 6002EA Weert, The Netherlands
FAX N/A.
Support@doabuy.eu
- I/We* hereby give notice that I/We* have decided to terminate our contract concerning
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
revoked/revoked*
- Received on: to be filled in by the customer date of receipt for products
- Name of customer: to be filled in by the customer
- Address of customer: to be filled in by the customer
- Signature of customer to be filled in by the customer only if this form is notified on paper
- Date: to be filled in by the customer
Article 1 - Definitions
Articele 2 - Identity of the entrepreneur
Articele 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur at withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Fulfilment and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
In these conditions the following terms shall have the following meanings:
1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content
and/or services in connection with a distance contract and that these items, digital content
and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader.
agreement between that third party and the operator;
2. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his/her trade, business, craft or profession
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital Content: data that is produced and supplied in digital form;
6. Contract for an indefinite period of time: a contract that provides for the regular supply of goods, services and/or digital
6. Extended duration contract: a contract that extends to the regular supply of goods, services and/or digital content for a specific period;
7. Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information in a durable medium.
7. Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that
way that allows future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and that
for which the information is intended, and which enables the unaltered reproduction of the stored information.
allows for the unaltered reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period; 7.
8. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or
9. entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer
10. Distance contract: an agreement that is concluded between the trader and the consumer within the framework of an organised system for the distance sale of products
digital content and/or services, whereby until the conclusion of the agreement the sole or
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, where, up to and including the moment the agreement is concluded, exclusive or joint use is made of one or more techniques for distance communication;
11. Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions.
Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions. Annex I does not need to be made available if the
Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for concluding an
12. Means of distance communication: means that can be used to conclude an agreement, without the consumer and the trader having to be in the same place at the same time.
12. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and the entrepreneur having to be together in the same room at the same time.
Article 2 - Identity of the
DoaBuy International Trading Company B.V. Trade Register number: 84189150 VAT number: NL863126261B01
Telephone number: 0495-782900 (available on working days from 8.30 to 17.00)
E-mail address: info@doabuy.eu
E-mail address support: support@doabuy.eu
Chamber of Commerce number: 84189150
If the Entrepreneur's activity is subject to a relevant licensing regime: the
Entrepreneur's details on the supervising authority.
If the Entrepreneur practises a regulated profession
- the professional association or organisation with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.
how these professional rules can be accessed.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that is
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general
2. Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the
entrepreneur, before the distance contract is concluded, indicate how the
general conditions at the entrepreneur and that they, at the request of the consumer, will be sent free of charge as soon as possible.
be sent free of charge to the consumer as soon as possible.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these general terms and conditions
3. If the distance contract is concluded electronically, then, 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 by electronic means in such a way that
by the consumer in a simple manner can be stored on a durable medium.
given
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be
expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered,
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper
The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of
If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered.
products, services and/or digital content. Obvious mistakes or errors in the offer are not binding on the
offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are linked to the acceptance of the offer.
Every offer contains such information, that it is clear to the consumer what the rights and obligations are, which are connected to the acceptance of the offer.
Article 5 - The agreement
1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer
acceptance of the offer by the consumer and the fulfilment of the conditions set.
conditions thereby.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
Agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe
take appropriate security measures.
4. The entrepreneur may, within the limits of the law - inform whether the consumer can fulfill his payment obligations
The entrepreneur may, within the limits of the law, inform the consumer about his ability to fulfil his payment obligations, as well as about all those facts and factors which are important for
responsibly concluding the distance contract. If the entrepreneur, on the basis of this
If, on the basis of this examination, the trader has sound reasons for not concluding the contract, he is entitled to refuse an order or application
refuse an order or application or to attach special conditions to its implementation.
to the implementation of special conditions.
5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the
5. No later than at the time of delivery of the product, service or digital content, the entrepreneur shall send the
5. No later than at the time of delivery of the product, service or digital content, the entrepreneur shall send the consumer the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier
a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints
complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal
can make use of the right of withdrawal or a clear notification about being excluded from the right of withdrawal
right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; insofar as applicable, the costs of
the cost of delivery; and the method of payment, delivery or performance of the distance
the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of
more than one year or for an indefinite period of time;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In case of a long-term transaction, the provision in the previous paragraph shall apply only to the first
delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can dissolve an agreement with regard to the purchase of a product during
1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without stating any reasons. The entrepreneur may
The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
Obligation.
2. The cooling off period referred to in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, which is not the
The cooling off period mentioned in paragraph 1 starts the day after the consumer, or a third party appointed by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in one order: the day on which the
consumer, or a third party designated by him, has received the last product. The
The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process
informed about this clearly prior to the ordering process, refuse an order for multiple products with a different
delivery time.
b. If the delivery of a product consists of multiple shipments or parts: the day
on which the consumer, or a third party designated by him, received the last shipment or the last part
part has received;
c. in case of agreements for regular delivery of products during a certain period of time
the day on which the consumer, or a third party appointed by him, has received the first product
received the first product.
In the case of services and digital content which is not supplied on a tangible medium:
3. The consumer may conclude a service contract and a contract for the supply of digital
3. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium during at least 14 days without giving any reason.
The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason of his withdrawal,
The trader may ask the consumer for his reason for withdrawing, but may not oblige him to give his reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content which is not supplied on a tangible medium
if no information is provided about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after
the end of the original period of reflection, as stipulated in the previous paragraphs of this article
cooling-off period.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph
consumer in the previous paragraph within twelve months after the start date of the original
the cooling-off period expires 14 days after the day on which the consumer received this information.
Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with care. He
unpack or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product.
the functioning of the product. The starting point here is that the consumer may only handle and inspect the product
The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for decrease in value of the product which is the result of a
The consumer is only liable for the decrease in value of the product which is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not responsible for decrease in value of the product if the entrepreneur
The consumer shall not be liable for any diminution in the value of the product if the entrepreneur has not provided him, before or at the time of concluding the contract, with all legally required information on the
The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the time of concluding the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the seller of this within the withdrawal period
By means of the model form for withdrawal or in any other unambiguous way to the entrepreneur
trader within the withdrawal period by means of a model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1,
The consumer shall send back the product or hand it over to (an authorised representative of) the entrepreneur.
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
The consumer has in any case complied with the return period if he returns the product
before the period for reflection has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible
The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear
clear instructions provided by the entrepreneur.
4. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the
consumer.
5. The consumer shall bear the direct costs of returning the product. If the
entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur
The consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after first explicitly requesting that the provision of
service or the supply of gas, water or electricity which are not made ready for sale in a
starts during the withdrawal period, the consumer owes the entrepreneur an amount which is in proportion to the volume or the quantity
entrepreneur an amount that is proportional to that part of the commitment that
fulfilled by the entrepreneur at the time of withdrawal compared to the full extent of
fulfilment of the commitment.
7. The consumer shall not bear any costs for the execution of services or the supply of water, gas or electricity, which are not ready for sale.
electricity, which are not made ready for sale in a limited volume or quantity, or for the
supply of district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the
a. the trader did not provide the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the case of withdrawal or on the model form for withdrawal, or
b. the consumer has not expressly requested the commencement of the performance of the service or supply of
gas, water, electricity or district heating during the withdrawal period.
8. The consumer shall not bear any costs for the complete or partial delivery of digital content which is not delivered on a
8. The consumer does not bear any costs for the complete or partial delivery of digital content which is not supplied on a tangible medium if:
a. prior to delivery he has not expressly consented to the commencement of the performance of the
performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this declaration by the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary
If the consumer makes use of his right of withdrawal, all supplementary contracts will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes it possible for the consumer to report his withdrawal electronically, he shall, after receipt of this report
he shall send a confirmation of receipt without delay after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product
The entrepreneur shall reimburse all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the
entrepreneur offers to pick up the product himself, he may wait with repayment until he has received the
product or until the consumer demonstrates that he has returned the product, whichever comes first.
whichever comes first.
3. The entrepreneur shall use the same means of payment the consumer used for repayment,
unless the consumer agrees to a different method. The refund is free of charge for the
consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
to repay the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but
only if the trader clearly stated this fact when making the offer, or at least in good time prior to concluding the contract
agreement, at least in good time before concluding the agreement:
1. Products or services of which the price is linked to fluctuations on the financial market
1. Products or services of which the price is linked to fluctuations on the financial market over which the trader has no influence and which may occur within the withdrawal period
occur within the withdrawal period;
2. Contracts that have been concluded during a public auction. A public auction is understood to mean
A public auction is a method of sale whereby products, digital content and/or services are offered by the
Entrepreneur is offered to the consumer who is present in person or is given the opportunity to be present in person at the auction, led by an auctioneer, and whereby the
opportunity to be present in person at the auction, led by an auctioneer, and whereby the successful bidder is
successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. the execution has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely carried out the
agreement has been fully implemented;
4. Package holidays as referred to in article 7:500 Civil Code and passenger transport agreements;
5. Service contracts for the provision of accommodation, if the contract specifies a
5. service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes,
transport of goods, car rental services and catering;
6. Contracts concerning leisure activities, if the contract provides for a specific date or period of
6. Contracts concerning leisure activities, if the contract provides for a specific date or period of performance;
7. Products made to the consumer's specifications, which are not prefabricated and
that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person
are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return due to reasons of health protection or hygiene; 9.
9. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products which, after delivery, are irrevocably mixed with other products due to their nature;
11. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement
Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement but the delivery can only take place after 30 days, and of which the actual value is
11. Alcoholic beverages of which the price was agreed at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio-, video-recordings and computer software, of which the seal has been broken after
12. Sealed audio-, video-recordings and computer software, of which the seal has been broken after delivery;
13. Newspapers, magazines or journals, with the exception of subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period mentioned in the offer, the prices of the products and/or services offered
products and/or services are not increased, except for price changes due to changes in VAT rates.
VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services of which the prices are
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that
In deviation from the previous paragraph, the entrepreneur may offer products or services at variable prices. This link to fluctuations and the fact that any
This link to fluctuations and the fact that any prices mentioned are recommended prices shall be stated with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the
Price increases from 3 months after concluding the contract are only permissible if the Entrepreneur has stipulated them and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of agreement and additional guarantee
1. The trader guarantees that the products and/or services fulfill the contract, the specifications
specifications stated in the offer, to the reasonable requirements of reliability and/or serviceability
and on the date of the conclusion of the agreement existing legal provisions and/or
and/or government regulations. If agreed, the entrepreneur also guarantees that
the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the legal rights and claims of the entrepreneur.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may enforce against the
Agreement against the Entrepreneur if the Entrepreneur has failed to fulfil his part of the Agreement.
part of the agreement.
3. Under additional guarantee is understood any commitment from the entrepreneur, his supplier
importer or producer in which he grants the consumer certain rights or claims that
go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
of his part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving
and in the execution of orders of products and in assessing applications for the provision of
provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in Article 4 of these general terms and conditions
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall carry out accepted orders with convenient speed but at least within 30 days, unless a different
With due observance of that which is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed
If the delivery is delayed, or if an order cannot be filled or can be filled only partially,
the consumer shall receive notice of this within 30 days after he has placed the order. The
In that case, the consumer has the right to dissolve the agreement without any costs and the right to possible
possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer with the amount paid
immediately repay the amount the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and known to the entrepreneur
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.
Article 14 - Extended duration transactions: duration, termination and extension
Termination:
1. The consumer may contract for an indefinite period and that extends to the
regular delivery of products (including electricity) or services, at any time in accordance with the agreed
The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a
of up to one month.
2. The consumer may contract for a definite period and that extends to the
regular delivery of products (including electricity) or services, at any time at the end of the fixed term
the end of the fixed term in compliance with the applicable termination
termination rules and a notice of up to one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs
- terminate them at all times and not be limited to termination at a specific time or during a specific
particular period;
- at least terminate them in the same manner as they were concluded by him;
- always terminate them with the same period of notice as the entrepreneur has stipulated for himself.
Renewal:
4. An agreement which was entered into for a definite period of time and which extends to the regular supply of products
products (including electricity) or services, may not be tacitly extended or
renewed for a limited period of time.
5. Notwithstanding the preceding paragraph, an agreement entered into for a definite period of time and which
5. In deviation from the previous paragraph, a contract for a definite period of time for the regular supply of daily or weekly newspapers and magazines may be tacitly
may be tacitly extended for a fixed period of up to three months if the consumer has
prolonged contract towards the end of the prolongation with a period of notice not exceeding one month.
of at most one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be
products or services may only be tacitly extended for an indefinite period of time if the
The consumer may at all times terminate with a notice of up to one month. The
The notice period is up to three months if the agreement aims to regularly, but less than once a month, deliver products or services.
The period of notice shall not exceed three months if the contract is intended for the regular, but less frequent, delivery of daily or weekly newspapers and magazines.
7. An agreement with a limited duration for the regular supply, by way of introduction, of daily
news and weekly newspapers and magazines (trial or introductory subscription) shall not be
A trial or introductory subscription for a limited period of time to regularly supply daily, news and weekly newspapers and magazines for tasting purposes is not automatically continued and ends at the end of the trial or introductory period.
Duration:
8. If a contract lasts more than one year, after one year the consumer may at any time terminate the
If a contract lasts more than one year, after one year the consumer may at any time terminate the agreement with a notice of up to one month, unless the
reasonableness and fairness resisting the termination before the end of the agreed duration.
resist the end of the agreed duration.
Article 15 - Payment
1. Insofar as not determined otherwise in the agreement or additional terms and conditions, the amounts
sums owed by the consumer must be paid within 14 days after the start of the
cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the agreement.
agreement. In case of an agreement for the provision of a service, this period shall start on the day after the consumer has received the
begins on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may in general terms and conditions
When selling products to consumers, the consumer may never be required to pay more than 50% in advance. When prepayment is
When prepayment is stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned.
If an advance payment is stipulated, the consumer may not assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has
has taken place.
3. The consumer has the duty to report any inaccuracies in payment data provided or mentioned immediately to the
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment, entitled to a period of 14 days.
If the consumer does not meet his payment obligation(s) on time, he is, after being made aware of the late payment by the entrepreneur, entitled to a period of 14 days to
14 days to fulfil his payment obligations after the consumer has been made aware of the overdue payment and the entrepreneur has given the consumer a period of 14 days to do so
payment within this 14-day period, the statutory interest is owed on the amount owing and the entrepreneur is entitled to charge the
owed and the entrepreneur has the right to charge the extrajudicial collection costs
The entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over
These collection costs amount to a maximum of: 15% over amounts owing up to € 2,500; 10% over the next € 2,500 and 5% over the following € 5,000.
5% over the next € 5,000, with a minimum of € 40. The proprietor can deviate from the amounts and
The proprietor can deviate from the aforementioned amounts and percentages in favour of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur shall have a sufficiently notified complaints procedure and shall handle the
complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted within a reasonable time after the
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time after the consumer has found the defects, fully and clearly described.
the entrepreneur.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the
If a complaint requires a foreseeable longer time to process, the entrepreneur shall respond within 14 days with a notice of receipt and an
receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint in
The consumer should at least give the entrepreneur four weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the
dispute resolution procedure.
Article 17 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general
These general terms and conditions are subject to Dutch law only.
Article 18 - Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the
of the customerand should be recorded in writing or in such a way that they can be
can be stored by the customer in an accessible manner on a durable data carrier.
data carrier.
Annex I: Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To:
DoaBuy International Trading Company B.V.
Schoutlaan 10a, 6002EA Weert, The Netherlands
FAX N/A.
Support@doabuy.eu
- I/We* hereby give notice that I/We* have decided to terminate our contract concerning
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
revoked/revoked*
- Received on: to be filled in by the customer date of receipt for products
- Name of customer: to be filled in by the customer
- Address of customer: to be filled in by the customer
- Signature of customer to be filled in by the customer only if this form is notified on paper
- Date: to be filled in by the customer