General Terms & Conditions
Table of Contents:
Article 1 Definitions
Article 2 Identity of the entrepreneur
Article 3 Applicability
Article 4 The offer
Article 5 The contract
Article 6 Right of withdrawal
Article 7 Obligations of the consumer during the reflection
Article 8 Exercise of the right of withdrawal by the consumer and costs Article 9 Obligations of the trader in case of withdrawal
Article 10 Exclusion of right of withdrawal
Article 11 The price
Article 12 Compliance and Warranty extension
Article 13 Delivery and execution
Article 14 Duration Trades: duration, termination and renewal
Article 15 Payment
Article 16 Complaints
Article 17 Disputes
Article 1 Definitions
In these terms and conditions shall apply:
1 Supplementary agreement means an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content
and / or services are provided by the employer or by a third party based on a
arrangement between that third party and the trader;
2 period: the period within which the consumer can exercise his right of withdrawal;
3 Consumer: the natural person who is acting for purposes relating to his
trade, business, craft or profession;
4 Day: calendar;
5. Digital content: data produced in digital form and are supplied;
6. Term Agreement: an agreement that extends to the regular delivery of goods, services
and / or digital content for a certain period;
7 Durable medium: any device including also email that the consumer
or business that enables information that is addressed to him personally, to store in a
way that future consultation or use for a period appropriate to the target
which it was intended, and unaltered reproduction of the stored information
reducer;
8 Right of withdrawal: the ability of the consumer to see the inside the coolingoff
distance contract;
9 Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and products (access to) digital content and / or remote services and consumer services;
10 Distance contract means a contract between the entrepreneur and the consumer
concluded under an organized distance sales of products,
digital content and / or services, which until the conclusion of the agreement only or
also made use of one or more means of distance communication;
11 Model withdrawal form, the form shown in Appendix I of these conditions European
model withdrawal form;
12 Technology for distance communication: means that can be used for closing
a contract, without the consumer and trader being in the same room having to
have come together.
Article 2 Identity of the entrepreneur
Name entrepeneur: Ona Noa
operating under name of: Swaddle-Blankets.com
office address: Koninginnestraat 106. 4818HE Breda
Phone number: 076 – 369 0000 (7 days a week; 09:00 – 18:00 CET)
Email: info [at] swaddle-blankets.com
Chamber of Commerce number: 66021147
VAT identification number: NL193727614B02
Article 3 Applicability
1 These general conditions apply to every offer of the entrepreneur and to every
agreement reached at a distance between businesses and consumers.
2 Before the distance contract is concluded, the text of these general
conditions made available to the consumer. If this is not reasonably possible, the entrepreneur before concluding the distance contract, indicate how the
general conditions for the entrepreneur to see and that they so requested by the consumer soon as possible, be sent free of charge.
3 If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions be added to the consumer by electronic means made a vailable in such a way that
it can be stored on a durable by the consumer in a simple way
medium. If this is not reasonably possible, before the distance contract
is closed, will indicate where the general terms and conditions electronically
can be taken and that upon request of the consumer electronically or on
otherwise will be sent free of charge.
4 In the event that in addition to these terms and conditions specific product or
service conditions apply, the second and third paragraphs
apply and the consumer in case of conflicting terms always rely on
the applicable provision that is most favorable to him.
Article 4 The offer
1 If an offer is of limited duration or subject to conditions, this
explicitly stated in the offer.
2 The offer contains a complete and accurate description of the products offered, digital content and / or services. The description is sufficiently detailed to allow a good assessment of the offer by making the consumer. possible If the business use
making images, they are a true reflection of the offered
products, services and / or digital content. 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, which are connected. to the acceptance of the offer
Article 5 The contract
1 The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the stipulated
terms.
2 If the consumer has accepted the offer electronically confirms the entrepreneur immediately along the receipt of the acceptance of the offer. electronically As long as the receipt of this acceptance has not been confirmed by the entrepreneur to the consumer terminate a 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 makes it
a secure web environment. If the consumer can pay electronically, the trader will observe appropriate safety precautions.
4 The entrepreneur can within the law to inform the consumer or to his
payment obligations, as well as all facts and factors that are important for
engage responsibly in the distance. If the operator under this
Research has good reason not to enter into the agreement, he is entitled
to refuse an order or request or to implement special conditions
connect.
5. It will look at delivery of the product, service, or digital content to the
consumer the following information, in writing or in such a way that the consumer in
an accessible manner can be stored on a durable medium, send:
a. the address of the establishment of the business where the consumer complaints go
can;
b. the conditions and the manner in which the consumer of the right of withdrawal
can use, or a clear statement regarding the exclusion of the
right of withdrawal;
c. information on guarantees and after sales service existing;
d. the price including all taxes of the product, service, or digital content; to the extent that
apply the cost of delivery; and the method of payment, delivery or performance of
the distance;
e. the requirements for terminating the contract, if the contract has a duration of
more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6 In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 Right of withdrawal
For products:
1 The consumer may contract with respect to the purchase of a product throughout
terminate a cooling off period of 14 days without giving reasons. The operator may
ask the consumer the reason for withdrawal, but not stating his reason (s)
oblige.
2 The coolingoff period referred to in paragraph 1 shall commence on the day after the consumer, or in advance by the
consumer designated third party other than the carrier, the product has received, or:
a. if consumers in a given order has ordered several products: the day the
consumer or a third party designated by him has received. the final product the
economic operator may, provided it from the consumer prior to the ordering process clear
has informed manner, an order of multiple products with different over
refuse delivery.
b. if the supply of a product consisting of multiple lots or pieces: the day
which the consumer or a third party designated by him, the last shipment of the last
part has received;
c. the contract is for regular delivery of goods during a certain period:
the day on which the consumer or a third party designated by him, the first product
received.
For services and digital content which is not supplied on a tangible medium:
3. Consumers can a service agreement and an agreement for the delivery of digital
content which is not supplied for at least 14 days without giving a tangible medium
dissolution of reasons. The operator may ask the consumer the reason for revocation,
but does not commit to stating his reason (s).
4 The reflection period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement.
Extended reflection for products, services and digital content that is not on a tangible medium
supplied with no information about the right of withdrawal:
5. If the Consumer statutory information about the right of withdrawal or
the model withdrawal form is not provided, the waiting period is twelve months after
the end of the original, in accordance with the preceding paragraphs of this Article shall
reflection.
6 If the entrepreneur has the information referred to in the preceding paragraph to the consumer
shall, within twelve months after the effective date of the initial grace period, expiring
the reflection period 14 days after the day on which the consumer receives that information.
Article 7 Obligations of the consumer during the reflection
1 During the period the consumer will treat the product and packaging. he
the product will only unpack or use to the extent necessary to establish the nature, characteristics and the operation of the product to be determined. The premise is that the consumer product
may only handle and inspect as he would be allowed to do in a shop.
2 The consumer shall only be liable for the value of the product that is the result
a way of dealing with the product beyond permitted in paragraph 1.
3 The consumer is not liable for the value of the product and the entrepreneur
him before or at the conclusion of the Agreement, all legally required information about the right of withdrawal provided.
Article 8 Exercise of the right of withdrawal by the consumer and costs
1 If the consumer exercises his right of withdrawal, he must within the coolingoff period
through the model withdrawal form or unequivocal manner to the
entrepreneur.
2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1 consumers to send the product back, or he hands it to (a representative of) the
entrepreneur. This does not work if the trader has offered to collect the product yourself. Away the consumer has the return postage period observed in any case as to return the product
before the period has expired.
3 The consumer shall send back the product with all accessories, if reasonably possible
in original condition and packaging, and in accordance with reasonable and provided by the trader
clear instructions.
4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal is with the consumer.
5. The consumer shall bear the direct cost of returning the product. If the
entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur
indicates to bear the costs themselves consumers do not have to bear the cost. for return
6 If the consumer withdraws after first explicitly requested that the provision of the
service or supply of gas, water or electricity are not put up for sale in a
limited volume or some amount to begin during the withdrawal period, the consumer
entrepreneur an amount proportional to that part of the commitment that by
the entrepreneur has fulfilled at the time of withdrawal, compared to the full
fulfillment of the commitment.
7 The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity that does not put up for sale in a limited volume or quantity, or
supply of district heating, if:
a. the Consumer statutory information about the right of withdrawal,
allowance for revocation or the model withdrawal form is not provided, or;
b. the consumer has expressly requested the commencement of the execution of the service or delivery of requested. gas, water, electricity or district heating during the reflection
8. The consumer shall bear no cost for the complete or partial delivery on an
tangible medium supplied digital content if:
a. he has not consented to the start of predelivery is expressly
the fulfillment of the contract before the end of the waiting period;
b. he has not acknowledged losing in granting his permission his right of withdrawal; or
c. the trader has failed to confirm this statement. consumer
9 If the consumer exercises his right of withdrawal, any additional
agreements are automatically dissolved.
Article 9 Obligations of the trader in case of withdrawal
1 If the contractor notification of withdrawal by the consumer electronically
makes, he sends after receiving this notification immediately an acknowledgment.
2 The employer shall reimburse all payments made by the consumer, including any delivery charges charged by the operator for the returned product without delay, but within
14 days following the day on which the consumer notifies him of the revocation. unless the entrepreneur offers to retrieve the product itself off, he should wait until he pay back the
product has received or until the consumer proves that he has returned the product to
whichever is the earliest.
3 The entrepreneur used to refund the same card that the consumer has used,
unless the consumer agrees to another method. The repayment is free to the
consumer.
4 If the consumer has opted for a more expensive method of delivery than the cheapest
Standard delivery, does the entrepreneur, the additional cost of the more expensive method is not to repay.
Article 10 Exclusion of right of withdrawal
The entrepreneur can the following products and services exclude the right of withdrawal, but only if the trader clearly in the offer, at least in time for the conclusion of the
agreement stated:
1 Products or services whose price depends on fluctuations in the financial market
which the trader has no influence and which may within the withdrawal period
occur
2 Agreements concluded at a public auction. Under a public auction
means a method of sale where goods, digital content and / or services by the entrepreneurs are offered to the consumer who is present in person or opportunity will be at the auction, led by an auctioneer and where the physical presence successful bidder is bound products, to comply with digital content and / or services; 3. Service Agreements, after the completion of the service, but only if:
. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal once the entrepreneur agreement is fully implemented;
4. Service Agreements for provision of accommodation, and in the contract
a specific date or period of performance, and other than for residential purposes,
freight transport, car rental services and catering;
5. Agreements related to leisure activities, and in the contract some
date or period of implementation is provided;
6 According to the consumer’s specifications manufactured products, which are not prefabricated and produced on the basis of an individual choice or decision by the consumer, or
are clearly intended for a specific individual;
7 Products that rapidly decay or have a limited shelf life;
8 Sealed products for reasons of health protection or hygiene unsuitable
to be returned after delivery and which the seal has been broken;
9. Products after delivery to their nature, inseparably mixed with other products;
10 Alcoholic beverages, the price has been agreed at the conclusion of the agreement,
the delivery of which can take place after 30 days, and the actual value only
is dependent on fluctuations in the market where the trader has no influence;
11 Sealed audio, video recordings or computer software, which the seal after
delivery is broken;
12 Newspapers, magazines or magazines, except for subscriptions to this;
13 The delivery of digital content not supplied on a tangible medium, but only if:
. the performance has begun with the express prior consent of the consumer; and
b. the consumer stated that he thus loses his right of withdrawal.
Article 11 The price
1 During the period mentioned in the offer prices of the offered
products and / or services have not increased, except for price changes resulting from changes in VAT 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
has, 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 are the result of statutory regulations or stipulations.
4 Price increases from 3 months after the conclusion of the contract are only
permitted if the trader has agreed to this and:
a. they are the result of legislation or regulations; or
b. the consumer has the power to terminate with effect from the day the agreement
which the price increase takes effect.
5. in the provision of products or services mentioned prices include VAT.
Article 12 Compliance agreement and extended warranty
1 The company guarantees that the products and / or services comply with the contract, specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and on the date of conclusion of the agreement existing legal provisions
and / or government regulations. If agreed, the entrepreneur also ensure that
the product is suitable for other than normal use.
2 An additional guarantee provided by the trader, its supplier, manufacturer or importer
never restricted the legal rights and claims that the consumer under the
contract against the trader can assert if the trader has failed
to fulfill his part of the agreement.
3. additional warranty is defined as any commitment of the entrepreneur, its supplier, importer or producer to the consumer which it certain rights or claims which grants
beyond which it is required by law in the case, he has failed to fulfill
his part of the agreement.
Article 13 Delivery and execution
1. It will take the greatest possible care when receiving
and in the execution of orders for products and when assessing applications for
provision of services.
2 The place of delivery address is that the consumer to the trader has known
made.
3 Subject to what is stated in Article 4 of these terms and conditions shall
the entrepreneur accepted orders expeditiously but not later than 30 days
perform, unless a different delivery period has been agreed. If delivery is delayed
whatsoever, or if an order can be executed, not or only partially
the consumer receives them no later than 30 days after placing the order. the
Consumers in this case the right to terminate the contract without penalty and the right to
any compensation.
4 After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid repay promptly.
5. The risk of damage and / or loss of products rests upon the trader to
time of delivery to the consumer or a predesignated and the entrepreneur
announced representative, unless otherwise expressly agreed.
Article 14 Duration Trades: duration, termination and renewal
termination:
1 The consumer may contract for an indefinite period, which extends to the
regular delivery of products (including electricity) or services, at any time
denounce the applicable termination rules and a notice
not exceeding one month.
2 The consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at
terminate the end of the fixed term, taking into account the agreed
termination rules and a notice period of one month.
3. Consumers can the agreements mentioned in the preceding paragraphs:
Terminate at any time and are not limited to termination at a specific time or in a
certain period of time;
Terminate them in the same way as they are concluded;
Cancel at the same notice as the company has negotiated for itself.
extension:
4 A contract is concluded for a definite period, which extends to the regular delivery of products (including electricity) or services may not be extended or tacitly
renewed for a fixed duration.
5. Notwithstanding the preceding paragraph, a contract for a definite period, which may extends to the regular supply of daily and weekly newspapers and magazines tacitly
be extended for a fixed period of up to three months, if the consumer
extended agreement by the end of the extension may terminate with notice
not exceeding one month.
6 A contract concluded for a definite period, which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period as the
consumer may at any time terminate with notice of one month. the
notice period is more than three months in case the agreement extends to the regular, but less than once a month, delivering newspapers, weeklies and magazines.
7 An agreement with a limited duration of regular delivery of daily,
weeklies and magazines (trial or introductory subscription) is not
tacitly continued ends automatically after the trial or introductory.
duration:
8 If a contract has a duration of more than one year, the consumer may, after one year Agreement at any time with notice of cancellation within one month, unless the reasonableness and fairness the termination before the end of the agreed term
resist.
Article 15 Payment
1 Unless otherwise provided in the agreement or additional terms, lump sums
to be paid within 14 days after the start of the amounts due to consumers
cooling off period, or in the absence of a cooling off period within 14 days after the close of the
Agreement. In case of an agreement to provide a service, the time limit begins
on the day after the receipt by the consumer. confirmation of the agreement
2 When selling products to consumers, consumers must in terms
are never required to advance payment of more than 50%. If payment is
stipulated, the consumer may not assert any rights regarding the implementation of the order or service (s), before the advance payment has
occurred.
3 The consumer has the duty to inaccuracies in data supplied or specified payment immediately to report to the entrepreneur.
4 If the consumer does not fulfill his payment obligation (s) meets, this, after the
entrepreneur pointed out the late payment and the Consumer a period of 14
days in which to ensure compliance, following the failure to meet its payment
payment within this 14day period, the amount due the legal interest
due and the entrepreneur is entitled extrajudicial incurred by him
collection costs into account. These collection costs up to 15% over
outstanding amounts to € 2,500; 10% over the next € 2,500 and 5% on the
next € 5,000 with a minimum of € 40, =. The entrepreneur can benefit from the
consumers differ from amounts and percentages.
Article 16 Complaints
1 The entrepreneur has a wellpublicized complaints and deals with the
complaints under this procedure.
2 Complaints about the performance of the contract shall promptly after the
consumer has found the defects completely and submitted to clearly defined
the entrepreneur.
3 Complaints to the entrepreneur within a period of 14 days from
answered the date of receipt. If a complaint is a foreseeable longer processing time asks, within the period of 14 days responded with a message from the
receipt and indicating when the consumer can expect. a more detailed answer
4 A complaint about a product, service or the service of the entrepreneur can also be filed a complaint through the consumer page of the website of Thuiswinkel.org www.thuiswinkel.org. The complaint is then both the entrepreneur and
Sent Thuiswinkel.org.
5. If the complaint is not within a reasonable time or within 3 months after the filing of the complaint can be resolved by mutual agreement creates a dispute that is subject to the dispute.
Article 17 Disputes
1. agreements between the entrepreneur and the consumer of these terms and conditions relate only to Dutch law.
2 Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to such business by supplying or supplied products and
services, may, subject to the provisions below, both the consumer and the
entrepreneur will be submitted to the disputes committee, PO Box 90600, 2509 LP
The Hague (www.sgc.nl).
3 A dispute is handled by the Disputes Committee discussed only if the
Consumer submitted. complaint within a reasonable time to the entrepreneur
4 Within three months after the dispute arose, should the dispute in writing to the
Dispute to be brought.
5. If the consumer wants to submit to the Disputes Committee, the trader is a dispute
bound by this choice. When the entrepreneur that wants to do the consumer within five weeks after a speciallyout is made i n writing by written request, the entrepreneur
speak if he so desires or will be treated by the competent dispute
judge. The entrepreneur learns not the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit to the competent court. dispute
6 The Disputes Committee’s decision under the conditions as laid down in the
Rules of the Arbitration Commission (www.degeschillencommissie.nl/overons/decommissies/ 2404 / home shopping). The decisions of the Disputes Committee take the form
binding advice.
7 The Disputes Committee will not handle a dispute or will terminate if the
entrepreneur moratorium has been granted, the state has become bankrupt or
business has actually ended, before a dispute by the Committee at the session
treated and a final ruling.
8 If, in addition to the disputes committee recognized or affiliated with the Foundation
Disputes Consumer Affairs (SGC) or the Complaints Institute Financial
Services (Kifid) arbitration committee has jurisdiction over disputes concerning
mainly to the method of sale or service remotely the Dispute
IDIS preferably competent. For all other disputes or other approved by the SGC or Kifid disputes committee.
Appendix I: Model withdrawal form
Model withdrawal form
(this form only complete and return if you wish to withdraw from the contract)
To: [name of operator]
[Geographic address operator]
[Fax entrepreneur, if available]
[Email address or electronic address of operator]
I / We * part / parts * hereby give notice that I / our * contract on
the sale of the following products:
the provision of the following digital content [designation digital content] *
the provision of the following service: [service designation] *
revokes / revoked *
Ordered on * / received on * [date order with services or reception in products] [Name of consumer (s)]
[Address of consumer (s)]
[Signature of consumer (s)] (only if this form is submitted on paper)
* Delete whichever is not applicable or complete as applicable.
