General Terms and Conditions of Bartang v. o. f.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the economic operator
Article 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 its costs
Article 9 - Obligations of the economic operator in the event of 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 terms and conditions the following definitions apply:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, 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;
Reflection time: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuity agreement: an agreement that provides for the regular delivery of goods, services and/or digital content during a certain period of time;
Durable data carrier: any tool - including e-mail - that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation or use for a period of time that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, in which the contract is concluded exclusively or partly using one or more techniques for distance communication;
Model withdrawal form: The European model withdrawal form set out in Annex I to these conditions;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having to meet simultaneously in the same place.
Article 2 - Identity of the economic operator
Bartang v. o. f. (also acting under the trade names "Bartang" and "Bartang Trading").
Business address: Dorpsstraat 221A 6732AD Harskamp, The Netherlands
Visiting address: Dorpsstraat 221A 6732AD Harskamp, The Netherlands (Visiting by appointment)
CoC number: 67735053
VAT identification number: NL857154308B01
Partners: Peter Scheltens and Leonie Sinnige
Bartang can be reached by telephone on working days from 09:00 - 17:00 hours and on Saturdays from 10:00 hours to 16:00 hours on +316 20 11 27 44 (Peter Scheltens)
Bartang is reached by e-mailed every day via [email protected]
Visit possible by appointment.
Article 3 - Applicability
These general terms and conditions apply to every offer made by the Entrepreneur and to every distance contract concluded at a distance between Entrepreneur and Consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the Entrepreneur shall indicate before concluding the distance contract, in which way the General Terms and Conditions can be viewed by the Entrepreneur and that at the Consumer's request they will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
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 assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that the consumer is clear about the rights and obligations attached to the acceptance of the offer.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the proprietor, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader takes appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures.
The trader can inform himself within legal frameworks whether the consumer is able to fulfil his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons for not entering into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that the consumer can store this information in an accessible manner on a durable data carrier:
the visit address of the business establishment where the consumer can go to with complaints;
the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear reference to the exclusion of the right of withdrawal;
information about warranties and existing after purchase service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the manner of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
The consumer may terminate a contract relating to the purchase of a product for a period of at least 14 days without giving any reason. The trader may ask the consumer for the reason of withdrawal, but he may not oblige the consumer to state his reason (s).
The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party previously designated by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order, the day on which the consumer, or a third party designated by him, has received the last product. Provided that the trader has clearly informed the consumer about this prior to the ordering process, he may refuse an order for several products with a different delivery time.
where the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last consignment or part;
in the case of contracts for the regular supply of products for a specified period of time, the day on which the consumer, or a third party designated by him, has received the first product.
If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the reflection period shall expire 12 months after the end of the initial reflection period set in accordance with the preceding paragraphs of this Article.
If the proprietor has provided the consumer with the information referred to in the previous paragraph within 12 months after the date of commencement of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received this information.
Article 7 - Obligations of the consumer during the reflection period
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that consumers should only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from a way of dealing with the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for the loss of value of the product if the trader has not provided him with all legally required information about 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 its costs
If the consumer exercises his right of withdrawal, he shall report this to the trader within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to an authorised representative of the trader. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the trader's reasonable and clear instructions.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates that he should bear the costs himself, the consumer does not have to bear the costs for return shipment.
If the consumer revokes after having first expressly requested that the provision of the service or the supply of gas, water or electricity which have not been made ready for sale starts during the cooling-off period in a limited volume or quantity, the consumer shall owe the trader an amount proportional to that part of the obligation fulfilled by the trader at the time of withdrawal, compared to the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if such is the case:
the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the standard withdrawal form,
or to supply district heating, if applicable:
the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the standard withdrawal form, or
the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if
prior to its delivery, he did not expressly consent to the commencement of performance of the contract before the end of the cooling-off period;
it has not recognised that it loses its right of withdrawal in granting its consent; or
the entrepreneur has failed to confirm this statement by the consumer.
If the consumer exercises his right of withdrawal, all supplementary contracts shall be dissolved by operation of law.
Article 9 - Obligations of the economic operator in the event of withdrawal
If the trader makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgement of receipt immediately upon receipt of this notification.
The trader reimburses all payments of the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days following the day on which the consumer reports the withdrawal. Unless the trader offers to collect the product himself, he may wait for reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
The trader uses the same means of payment as the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has opted for 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.
Article 10 - Exclusion of the right of withdrawal
The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
Products or services whose price is linked to fluctuations in the financial market which are beyond the operator's control and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is understood to mean a method of sale in which products, digital content and/or services are offered by the proprietor to the consumer who is present in person or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
implementation has started with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal once the trader has performed the contract in full;
Package travel as referred to in Section 7:500 of the Dutch Civil Code and contracts for the carriage of passengers;
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, freight transport, car rental services and catering;
Leisure contracts if the contract provides for a specific date or period of performance;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that deteriorate quickly or have a limited shelf life;
Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price was agreed upon when the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the operator has no influence;
Sealed audio, video recordings and computer software whose seals have been broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to them;
The supply of digital content other than on a material medium, but only if:
implementation has started with the express prior consent of the consumer; and
the consumer has declared that this would deprive him of his right of withdrawal.
Article 11 - The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the trader can offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, with variable prices. This closeness to fluctuations and the fact that any prices mentioned are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or stipulations.
Price increases as from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of contract and additional guarantee
The trader 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 existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never restricts the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the trader has failed to comply with his part of the agreement.
An extra guarantee is understood to mean any obligation of 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 if he has failed to fulfil his part of the contract.
Article 13 - Delivery and execution
The operator shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is deemed to be the address that the consumer has made known to the trader.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out or can only partially be carried out, the consumer will receive a message no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
Unless expressly agreed otherwise, the risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative appointed in advance and announced to the trader, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, termination and extension
Notice of termination:
The consumer may terminate a contract entered into for an indefinite period of time, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may terminate at any time at the end of the fixed-term contract, which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of at most one month.
The consumer may conclude the contracts referred to in the previous paragraphs:
terminate at all times and are not limited to termination at a certain time or in a certain period;
at least terminate in the same way as they have been entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
A contract that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a fixed period of time.
Contrary to the previous paragraph, a contract that has been entered into for a fixed period of time and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a period of time not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of not more than one month.
A contract entered into for a definite period of time and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate at any time with a notice period of not more than one month. The notice period is a maximum of three months in case the agreement covers the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.
A contract with a limited duration for the regular supply of daily, news and weekly newspapers and magazines (test or introductory subscriptions) shall not be tacitly continued and shall automatically end after the trial or introductory period has expired.
Duration
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless the reasonableness and fairness resist termination before the end of the agreed term.
Article 15 - Payment
Unless otherwise stipulated in the contract or additional conditions, the amounts 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 after the conclusion of the contract. In the case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the contract.
When selling products to consumers, the consumer in general terms and conditions may never be obliged to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any right with regard to the execution of the order or service (s) concerned, before the stipulated advance payment has taken place.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the trader.
If the consumer does not fulfil his payment obligation (s) on time, after being informed by the trader of the late payment and the trader has granted the consumer a period of 14 days to still fulfil his payment obligations, after failure to pay within this 14-day period, the consumer will owe the statutory interest on the amount still due and the trader 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 subsequent € 2,500, = and 5% on the next € 5,000, = with a minimum of € 40, =. The proprietor may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure
The trader has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within a reasonable period of time after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days counting from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
The consumer should in any case give the trader 4 weeks to solve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement procedure.
Article 17 - Disputes
Contracts between the proprietor and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Reference I: Withdrawal form
You can use this Withdrawal form when you want to withdraw from the agreement with Bartang v. o. f.
To: Bartang v. o. f.
Dorpsstraat 221A
6732 AD HARSKAMP
Netherlands
I/We* herewith declare that i/we* want to withdraw from our agreement on the following products:
_______________________________________________________ (description of the product )
Ordered on: __________________________________________ (fill in on which date you ordered the product)
Received on: _______________________________________ (fill in on which date you received the product)
Name: ___________________________________________________________ (write your name)
Address:
autograph: ___________________________ (whenever this phrase is written on paper)
-------------------------------
CONTACT
For questions about the withdrawal form, you can contact our helpdesk.
By e-mail [email protected]
We can be contacted by telephone on:
workdays from 09:00 uur - 17:00 uur
Saturday from 10:00 am - 16:00 am
via telephone number:
316 20 112 112 744 (Peter)
