Article 1 - Definitions
In these terms and conditions shall apply:
1. Entrepreneur : the natural or legal products and / or remote services and consumer services;
2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
3. Distance contract : an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services , to conclude the agreement exclusive use of one or more means of distance communication;
4. Technology for distance communication: means that can be used to conclude a contract , without the consumer and trader being in the same room;
5 . Grace period: The period during which the consumer can exercise his right of withdrawal;
6. Right of withdrawal : the ability for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar;
8. Transaction Duration: a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
9. Durable medium: any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the trader
Marja trading under the name HappyThings
Gorinchem, The Netherlands
Phone : 31(0)6-38126321 on weekdays from 09:00 to 20:00 hours (local time)
and on weekends and holidays from 12:00 to 17:00 hours (local time)
E - mail address : [email protected]
Chamber of Commerce number : 30234459
Article 3 - Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
Article 4 - The offer
1. If an offer is of limited duration or subject to conditions , this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services . The description is sufficiently detailed to allow . Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services . Obvious mistakes or errors in the offer does not bind the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations are attached . To the acceptance of the offer This concerns in particular:
· The price including taxes;
· Any costs of delivery;
· The manner in which the agreement will be achieved and what actions are required;
· Whether or not to apply the right of withdrawal;
· The method of payment , delivery or performance of the contract;
· The deadline for accepting the offer , or the deadline for adhering to the price;
· The level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
· Is if the contract is filed after conclusion on how to consult these consumers;
· How the consumer before the conclusion of the agreement by him popular acts can get informed , and the way he can recover before the contract is concluded;
· The possible languages, including Dutch , the contract can be concluded;
· The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
· The minimum duration of the distance contract in the event of a contract, including continuous or periodic delivery of products or services.
Article 5 - The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer . Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the agreement is created electronically , the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment . If the consumer can pay electronically, the trader will take suitable security measures.
4. The entrepreneur can - within the law - to inform or to satisfy the consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract . If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to bind. Implement special conditions
5 . The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium , enclose the consumer in an accessible manner:
the visiting address of the establishment of the business where the consumer can lodge complaints;
b . the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c . information on existing after sales service and guarantees;
d. contained in Article 4 paragraph 3 of these conditions, unless the trader has provided before concluding the contract this information to the consumer;
e . the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. If the entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer can cancel the contract without giving any reason within fourteen calendar days . This period starts on the day following receipt of the product by or on behalf of the consumer. The consumer needs to mail HappyThings
([email protected]) to announce the cancelling and to update HappyThings.
2. During this period the consumer will treat the product and packaging . He will only unpack the product to the extent of use to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal , he shall return the product with all accessories and - return in the original condition and packaging to the operator , in accordance with the reasonable and clear instructions provided by the trader - if reasonably possible. De consumer needs to sent the parcel to HappyThings within fourteen calendar days after the announcement in 1. from this article.
Article 6b - Right of withdrawal upon delivery of services
1. With the delivery of services, the consumer can cancel the contract without giving any reason within seven working days , starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer focus to the information provided by the operator to supply and / or before the relevant provision reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, will not exceed the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible , but no later than 30 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal
1. If do not have a right of withdrawal, the consumer, may be excluded entrepreneur submitted that the conclusion of the agreement, stated. Clearly in the offer, at least in time by the entrepreneur alone
2. Exclusion of the right of withdrawal is only possible for products:
a) which have been made to the consumer's specifications by the entrepreneur;
b ) that are clearly personal in nature;
c ) that can not be returned because of their nature;
d ) that spoil or age quickly;
e ) whose price depends on fluctuations in the financial market over which the trader has no influence;
f ) for individual newspapers and magazines;
g ) for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) to carry on a certain date or during a specified period on accommodation, transport , catering or leisure;
b ) the supply with the express consent of the consumer before the period has expired;
c ) regarding betting and lotteries.
Article 9 - The price
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph , the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence , with variable prices . These fluctuations and the fact that any price targets, are stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
a) they are the result of legislation or regulations, or
b ) the consumer has the power to terminate at the date the increase takes effect.
5 . The supply of products or services mentioned prices include VAT.
Article 10 - Conformity and Guarantee
1. The trader guarantees that the products and / or services meet the contract specifications stated in the offer , the reasonable requirements of reliability and / or usability and and on the date of the conclusion of the agreement existing legal provisions / or government regulations.
2. An arrangement offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that consumers entrepreneur can assert on the basis of the law and / in respect of a failure to fulfill the obligations of the employer against or the distance contract.
Article 11 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has. Known to the company
3. Subject to what is stated in Article 4 of these terms and conditions the company will implement accepted orders expeditiously but within 30 days , unless a longer period has been agreed. If the delivery is delayed, or if an order can not be carried out only partially, the consumer receives them no later than one month after placing the order . The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible , be paid no later than 30 days after repudiation .
5 . If delivery of an ordered product proves impossible , the trader will endeavor to provide a replacement item available. Before the delivery will be notified that a replacement item is delivered. Clear and comprehensible manner For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products until the moment of delivery to the consumer in the business, unless otherwise agreed.
Article 12 - Duration Transactions
1. The consumer may contract concluded for an indefinite period at all times in compliance with the applicable termination rules and a notice of one month.
2. A contract for a definite period has a duration of up to two years . If it is agreed that the silence of the consumer distance contract will be renewed, the contract will be continued as a contract for an indefinite period and will continue after the notice of the agreement up to a month.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or in the case of a contract to provide a service , within 14 days after issuance of the documents relating to this.
2. When selling products to consumers are stipulated . In terms never a prepayment of more than 50 % If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service ( s) before the advance payment has been made.
3. The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
4. In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known.
Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must promptly , fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered from the date of receipt . Within 14 days If a complaint is a foreseeable longer processing time, within the period of 14 days responded with an acknowledgment of the receipt and indicating when the consumer can expect. A more detailed answer.