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Terms and Conditions

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Terms and Conditions

Terms and conditions from Carp Media B.V. – www.karperwereldshop.nl – V1.1

 

Table of contents:
Article 1 – Definitions
Article 2 – Identify from the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and implementation
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

 

Article 1 – Definitions
In these terms and conditions the following is understood:

 

  1. Reflection period: the term in which a consumer can use his right of withdrawal;
  2. Consumer: the natural person that is not acting in the exercise of his profession nor for a company, and agrees on a contract on distance with the entrepreneur;
  3. Day: calender day;
  4. Duration transaction: a contract on distance concerning a number of products and/or services, whose delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to save information that is pointed to them directly, to consult it in the future and allows unaltered reproduction of the stored information;
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  7. Model form: the model form for withdrawal that the entrepreneur provides for the consumer to fill in when he wants to make use of his right of withdrawal;
  8. Entrepreneur: the natural or legal person that offers the products and/or services to consumers at a distance;
  9. Distance contract: an agreement whereby, within the framework of a system for the distance selling of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, solely on or more techniques for distance communication are used;
  10. Techniques for remote communication: means that can be used to conclude an agreement, without the get together of the consumer and the entrepreneur in the same room;
  11. Terms and Conditions: the present terms and conditions from the entrepreneur.

Article 2 – Identity from the entrepreneur
Overview of all the data:

 

Name: Carp Media B.V., Ambachtsweg 46, 3542 DH Utrecht, The Netherlands
Phone number: + 31(0)20 – 261 01 44 (Available on Monday until Friday from 09:00 until 16:00)
E-mailaddress: [email protected]
Chamber of Commerce number: 56289413
IBAN: NL54RABO 01480 93930
BIC: RABONL2U
VAT NUMBER: NL852059474B01

 

Article 3 - Applicability

  1. These Terms and Conditions apply to every offer from the entrepreneur and on every concluded distant agreement and orders between entrepreneur and consumer.
  2. Before the distant agreement is concluded, the text of the terms and conditions will be made available to the consumer. In case this is reasonably impossible, it will be indicated before the distant contract is concluded that the terms and conditions are available at the entrepreneur and will be sent free of charge at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in a different way at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply and in the event of conflicting terms and conditions, the consumers can always rely on the applicable provision that applies to him most beneficial.
  5. If one or more provisions in these terms and conditions are at any time wholly or partially void or nullified, the agreement and these terms and conditions will continue to apply and the provision in question will be immediately replaced by a provision that is mutually agreed upon, as close as possible to the original provision.
  6. Situation that are not covered by these terms and conditions should be assessed ‘in the spirit’ of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more provisions from our terms and conditions should be explained ‘in the spirit’ of these terms and conditions.

 

Article 4 – The Offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or the services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the product.
  6. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the prices including taxes;
    • shipping costs (if necessary);
    • the way in which the agreement will be concluded and which actions are required for this;
    • whether or not to apply the right of withdrawal;
    • the method of payment, delivery and implementation of the agreement;
    • the period of acceptance for the offer, or the period in which the entrepreneur guarantees the price;
    • the rate for distance communications if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the contract is filed after conclusion and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired;
    • any other languages in which, in addition to Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of an extended transaction.

 

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. information about guarantees and existing after-sales service;
  9. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  11. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
  12. Every agreement is entered under the suspensive conditions of sufficient availability of the products in question.
  13. If you do not enter discount codes, the right to have this discount expires. The discount cannot be refunded afterwards.

 

Article 6 - Right of withdrawal

On delivery of products:

 

  1. When purchasing products, the consumer has the option to dissolve the contract without providing a reason during 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has made notice that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, respectively, the product has not been returned to the entrepreneur, the purchase is a fact.

 

When providing services:

  1. When providing services, the consumer has the option to dissolve the contract without giving any reason during at least 14 days, starting on the day of entering into the contract.
  2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of the right of withdrawal, at most the costs of returning the product(s) will be for his account.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. It is hereby conditional that the product has been received back by the web retailer or conclusive proof of complete return can be submitted.

 

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been created by the entrepreneur in accordance with the consumer's specifications;
  4. which are clearly of a personal nature;
  5. which cannot be returned due to their nature;
  6. that can spoil or age quickly;
  7. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  8. for individual newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal.
  10. for hygienic products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. regarding accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
  13. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
  14. regarding betting and lotteries.

 

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. these are the result of statutory regulations or provisions; or
  6. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.
  8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 - Compliance and Warranty

  1. The entrepreneur 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 statutory requirements existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:

o The consumer has repaired and/or processed the delivered products himself or has them repaired and/or processed by third parties;

o The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

o The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

 

Article 11 - Delivery and implementation

  1. The entrepreneur 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 made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, cancellation and extension

Cancellation

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of up to one month.
  3. Concerning the agreements mentioned in the previous paragraphs, the consumer can:

o cancel at any time and not be limited to cancellation at a specific time or in a specific period;

o cancel at least in the same way as they have been agreed upon;

o always cancel with the same notice period as the entrepreneur has stipulated for himself.

 

Extension

  1. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
  2. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a limited period of up to three months, if the consumer can terminate the agreement by the end of the extension with a notice period of no more than one month.
  3. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily news and weekly newspapers and magazines.
  4. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

 

Duration

  1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration. resist.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this term starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
  3. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
  4. The personal data and/or business data the entrepreneur processes in the context of business operations are (partly) used by her or by third parties to whom the claims assigned (transferred) are used for or with:
  5. (a) risk analysis
  6. (b) preventing, detecting and combating fraud or irregularities
  7. Payment must be paid to Billink B.V. (hereinafter: “Billink”) within the set payment term. After all, all rights under the claim have been transferred by us to Billink, which will take care of the collection of the claim. Your data will be tested and registered by or on behalf of Billink. This data can be used, among other things, for the collection of receivables and assessment of orders in the implementation of the acceptance policy of affiliated organizations. Billink reserves the right to refuse the customer's request for payment on account. The payment term used is a strict deadline. In the event of late payment, the customer is therefore in default without notice of default and Billink is entitled to charge monthly statutory commercial interest (whereby part of a month is regarded as a whole month) from the due date of the invoice. Billink is also entitled to charge extrajudicial collection costs to the customer under the law. In the case of business customers, Billink is also entitled to charge reminders and reminder costs to the customer, without prejudice to Billink's right to charge the customer actually incurred costs if they exceed the amount calculated. These costs amount to a minimum of 15% of the principal with a minimum of 40 euros for consumers and 75 euros for companies. Billink is also entitled to transfer the claim to a third party. What has been determined above with regard to Billink will in that case also transfer to the third party to whom the claim has been transferred. Billink orders can only be ordered at the home address! Not at other addresses.
  8. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
    • Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United KingdomGermanySwedenNorwayDenmarkFinlandAustriaSwitzerlandand the Netherlands.
    • Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United KingdomGermanySwedenNorwayDenmarkand Finland.
    • Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.
    • Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.
    • Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.

    The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

 

Article 14 - Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer must first turn to the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (https://webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to report complaints via the European ODR platform (https://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

 

Article 15 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer lives abroad.
  2. The United Nations Convention on Contract for the International Sale of Goods (CISG), sometimes known as the Vienna Convention, does not apply.

 

Article 16 - Additional or deviating provisions

Additional or deviating provisions 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 medium.

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