Article 1 – Definitions
In these conditions apply:
- Entrepreneur : the natural or legal products and / or remote services to the consumer;
- Consumer : the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
- Distance contract : an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
- Technique for distance communication : means that can be used for the conclusion of a contract, without the consumer and trader being simultaneously in the same space;
- Grace period : The period during which the consumer can exercise his right of withdrawal;
- Right of withdrawal : the ability for consumers to see within the waiting period of the contract;
- Day : calendar day;
- Transaction Duration : a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
- Durable medium : any means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Femur BV trading as Home8
Mayor Keijzerweg 14
3350 AC Papendrecht
T: 078 641 64 10
F: 078 424 90 63
VAT no: NL8218.44.301.B.01
Article 3 – Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded, indicated that the general conditions appearing in the entrepreneur and will be sent free of charge as soon as possible, at the request of the consumer.
- If the contract is concluded electronically distance, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
- In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.
Article 4 – The offer
- If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- how the agreement will be achieved and what actions they require;
- whether 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 size of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the contract is filed after conclusion, how this can be accessed by the consumer;
- how the consumer before the conclusion of the agreement not by him popular acts can get informed, and the way he can rectify these before the contract is concluded;
- the possible languages, including Dutch, can be concluded the agreement;
- 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 that involves the continuous or periodic delivery of products or services.
Article 5 – The contract
- The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
- The entrepreneur can – within the law – inform the consumer’s ability to meet 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 enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- The entrepreneur will the consumer in the product or service the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
A. The address of the establishment of the business where consumers can lodge complaints;
b. the conditions under which and the manner in which the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after sales service and guarantees;
d. the details of these conditions include in Article 4 paragraph 3, unless the operator this information already provided to the consumer prior to concluding the contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur is committed to providing a range of products or services, the stipulation in the previous paragraph applies only to the first delivery.
Article 6a – Right of withdrawal upon delivery of products
1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by or on behalf of the consumer.
2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use the product to the extent necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
Article 6b – Right of withdrawal upon delivery of services
- In service delivery, the consumer has the option to terminate the agreement without giving any reason within 14 days commencing from the day of entering into the agreement.
- To use his right of withdrawal, the consumer focus to the operator to supply and / or appearance on delivery to area provided reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
- 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
- If the consumer does not have a right of withdrawal, this can be done by the entrepreneur only be excluded entrepreneur submitted clearly in the offer, at least in time for the conclusion of the contract refers.
- Exclusion of the right of withdrawal is only possible for products:
a) which are established by the entrepreneur to the consumer’s specifications;
b) that are clearly personal in nature;
c) that can not be returned due to their nature;
d) that spoil or become obsolete;
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 that the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a) on accommodation, transport, carry catering or leisure on a certain date or during a given period;
b) the supply with the express consent of the consumer before the withdrawal period has expired;
c) on bets and lotteries.
Article 9 – The price
- 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.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
a) they are the result of legislation or regulations; or
b) the consumer is authorized to terminate the contract on the day on which the price increase.
- The supply of products or services mentioned prices include VAT.
Article 10 – Compliance and Warranty
- The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
- By the trader, manufacturer or importer as a guarantee scheme does not affect the rights and claims that consumers in respect of a failure in the performance of the trader’s obligations to can the employer claim under the law and / or the distance contract.
Article 11 – Delivery and execution
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer makes known to the company.
- Subject to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, 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.
- In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, back pay.
- If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. By the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The return costs are borne by the entrepreneur.
- The risk of damage and / or loss of products until the time of delivery to the consumers in the business, unless otherwise agreed.
Article 12 – Duration Transactions
- The consumer may contract for an indefinite period at any time denounce the applicable termination rules and a notice of up to one month.
- A contract for a definite period has a maximum duration of two years. If it is agreed that the agreement will be extended remote silence of the consumer, the agreement will continue as a contract of indefinite duration and will continue after the notice of the agreement up to a month.
Article 13 – Payment
- To the extent not otherwise agreed, the amounts owed by the consumer paid within fourteen days after delivery of the goods or in case of a contract to provide a service, within 14 days after issuance of the documents relating to this.
- In general terms the sale of products to consumers may never stipulate an advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
- The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
- In case of default of the consumer, the entrepreneur subject to statutory limitations, the right to charge the reasonable costs incurred to the Consumer.
Article 14 – Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be made fully and clearly described within a reasonable time to the entrepreneur, after the consumer has found the defects.
- When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer .
Article 15 Intellectual Property.
The Buyer acknowledges that all intellectual property rights of information, communications or other expressions concerning the products and / or concerning the internet site at Home8, its suppliers or other claimants.
Article 16 Personal.
Article 17 Governing law and jurisdiction.
All offers of Home8, its agreements and their implementation are subject to Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 18 Links
The site of Home8 may contain third party advertisements or links to other sites. On the privacy policies of these third party sites Home8 has no effect and is therefore not liable.
Article 19 Your Rights
You can always ask Home8 which data are processed about you. For this purpose you can send an e-mail. You can also ask for improvements, additions or corrections by email to Home8 which Home8 will process as soon as possible. If you no longer wish to receive information please Home8 this inform. Transmission of information occurs only if you previously entered your email address.
Article 20 – Additional or different terms
different terms Additional or of these terms should not disadvantage the consumer and should 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.