Conditions voorwaarden Thuiswinkel(download in DPF (Dutch)

These Terms and Conditions of the Dutch Home Shopping Organization (Thuiswinkel.org) are drawn up in consultation with the Consumer under the Self (CZ) of the Social Economic Council and will become effective on June 1, 2014.

Index:
Article 1 - Definitions
Article 2 - Identity of the 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 costs
Article 9 - the entrepreneur's obligations to repeal
Article 10 - Exclusion of right of withdrawal
Article 11 - the price
Article 12 - Compliance and warranty extension
Article 13 - Delivery and implementation
Article 14 - extended duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Trade Guarantee
Article 19 - Additional or different terms
Article 20 - Amendments to the General Conditions IDIS

Article 1 - Definitions

In these conditions, the following definitions apply:

1. Additional agreement : 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 trader or by a third party on the basis of an agreement between the third party and the trader;
2. Grace period : The period during 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 day;
5. Digital content means data which are produced and supplied in digital form;
6. Duration agreement : an agreement that involves the regular delivery of goods, services and / or digital content for a certain period;
7. Durable medium : any device - including also e-mail - that the consumer or business that enables information to him personally, store in a way that future consultation or use for a period that is fit for purpose for which the information is intended, and which allows the natural reproduction of the stored information;
8. Right of withdrawal : the ability of the consumer to see within the waiting period of the 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 to the consumer offering;
10. Distance contract : an agreement concluded under an organized distance sales of goods, digital content and / or services, which until the conclusion of the agreement made solely or partly use between the trader and the consumer is one or more techniques for remote communication;
11. Model withdrawal form : Annex I need not be made available to the consumers in respect of the order has no right of withdrawal;
12. Technology for distance communication : means that can be used for closing an agreement without consumer and business need to be met in the same area.
    
    

Article 2 - Identity of the entrepreneur

Name Entrepreneur: CarFantasy
Acting under the name / names
- CarFantasy

address:
Archimedesweg 8
6662 PS Elst
Netherlands

Phone: +31 (0) 481 353 980

Accessibility:
Monday from 13:00 to 17:00
Tuesday / Friday from 9:00 am to 17:00 pm
Saturday from 10:00 am to 16:30 pm

Email: info@carfantasy.nl

Chamber of Commerce number: 09147592
VAT number: NL819305480B01

Article 3 - Applicability

1. These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the agreement is concluded, the text of these general conditions made available to consumers. If this is not reasonably possible, the trader will before the contract is concluded, indicate how to show the general conditions for the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. 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.
4. In the event that in addition to these general conditions also specific product or service conditions are applicable, the second and third paragraph, mutatis mutandis, and the consumer can not, in the event of conflicting conditions, always rely on the applicable assay that is most beneficial to him .
   
   

Article 4 - The offer

1. If an offer has a 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, digital content and / or services. 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 reflection of the products, services and / or digital content. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer.
   
   

Article 5 - The agreement

1. 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.
2. 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 by the operator, 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 transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can within the law - to inform the consumer's ability to meet its payment obligations, and of all those facts and factors relevant 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.
5. The entrepreneur will look upon delivery of the product, service, or digital content to the consumer 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:
   • the address of the establishment of the business where consumers can lodge complaints;
   • the conditions and how the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
   • information about guarantees and after sales service;
   • the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the agreement at a distance;
   • the requirements for termination of the agreement if the agreement has a duration of more than one year and it is indefinite;
   • 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 previous paragraph applies only to the first delivery.
   
   

Article 6 - Right of withdrawal

For products:

1. The consumer may terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reason. The operator may ask the consumer to the reason for withdrawal, but does not commit to stating his reason (s).
2. In paragraph 1 period begins on the day after the consumer or a pre-designated by the consumer third party other than the carrier has received the product, or:
   • if the consumer ordered several products in the same order: the day on which the consumer or a third party designated by him, has received the final product. The operator may, provided that he has informed the consumer here prior to the ordering process clear manner, refusing an order of several products with different delivery time.
   • if the supply of a product consisting of multiple lots or pieces, the day on which the consumer or a third party designated by the final shipment of the final part has received;
   • in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by, has received the first product.
     
     

In services and digital content which is not supplied on a tangible medium:

3. The consumer has a service contract and a contract for the supply of digital content which is not supplied on a tangible medium for 14 days terminate without giving reasons. The operator may ask the consumer to the reason for withdrawal, but does not commit to stating his reason (s).
4. The grace period referred to in paragraph 3 shall begin on the day following the conclusion of the agreement.

Extended grace period for products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:

5. If the business to the consumer the information required by law about the right of withdrawal or the standard form does not provide for withdrawal, the withdrawal period shall expire twelve months after the end of the original grace period established pursuant to the preceding paragraphs of this article.
6. If the trader has provided information to the consumer as referred to in the preceding paragraph within twelve months after the date of the initial grace period, the grace period will expire 14 days from the day the consumer receives that information.
   
   

Article 7 - Obligations of the consumer during the reflection

1. During this period the consumer will treat the product and packaging. He will only unpack the product or use to the extent necessary to establish the nature, characteristics and functioning of the product. The principle is that the consumer should handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is liable for loss of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer is not liable for diminished value of the product as the entrepreneur him not to or at the conclusion of the agreement has provided all information required by law about the right of withdrawal.
   
   

Article 8 - Exercise of the right of withdrawal by the consumer and costs

1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period using the model withdrawal form or any other 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, the consumer shall return the product, and he hands it to (a representative of) the entrepreneur. This does not offer the entrepreneur to collect the product itself. The consumer has the redirection period observed in any case if he returns the product before the waiting 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 the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the consumer.
5. The consumer must bear the direct cost of returning the product. If the trader has not notified the consumer has to bear them or the trader indicates to bear the costs themselves, consumers do not bear the return charges.
6. If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity are not put up for sale in a limited volume or certain amount of starts during the withdrawal period, the consumer, the entrepreneur amount payable in proportion to that part of the undertaking that is fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, which are not put up for sale in a limited volume or quantity, or the supply of district heating, provided that:
   • the entrepreneur consumer statutory notice of the withdrawal right, the allowance is not provided in case of withdrawal and the model withdrawal form or;
   • the consumer does not expressly the start of the execution of the service or supply of gas, water, electricity or district heating requested during the reflection.
8. The consumer shall bear no cost for the total or partial delivery of digital content not supplied on a tangible medium where:
   • he prior to their delivery has not expressly consented to the beginning of the fulfillment of the agreement before the end of the grace period;
   • He has not acknowledged that he loses his right of withdrawal when giving his consent; or
   • the trader has failed to confirm the consumer's statement.
9. If the consumer exercises his right of withdrawal may be terminated any additional agreements legally.
   
   

Article 9 - the entrepreneur obligations in case of withdrawal

1. If the entrepreneur notification of withdrawal by the consumer electronically allows it sends an acknowledgment immediately upon receipt of this notification.
2. The trader shall reimburse all payments the consumer, including any delivery costs incurred by the operator will be charged for returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product itself, he may refrain from paying back until he has received the product or the consumer can demonstrate that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The reimbursement is free for consumers.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.
   
   

Article 10 - Exclusion of right of withdrawal

The operator may exclude the following products and services from the right of withdrawal, but only if the entrepreneur 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 outside the trader's control, which may occur within the withdrawal period
2. Contracts concluded at a public auction. Under a public auction means a method of sale where goods, digital content and / or services offered by the trader to the consumer who attends or is given the possibility to be present at the auction, conducted by an auctioneer and where the successful bidder is bound to purchase the goods, digital content and / or services;
3. Service contracts, after implementation of the service, but only if:
   • implementation with the express prior consent of the consumer; and
   • The consumer stated that he loses his right of withdrawal once the operator has completed the agreement;
4. Breaks under Article 7: 500 BW and agreements of passengers; 
5. Service contracts for provision of accommodation, as in the contract a specific date or period of performance features and other than for residential purpose, transport of goods, car rental services and catering;
6. Conventions with respect to leisure activities, as a specific date or period of embodiment thereof is provided in the contract;
7. According to specifications for products manufactured by the consumer, not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for reasons of protection of health or hygiene to be sent back and of which the seal has been broken after delivery;
10. Products that are inseparably mixed after delivery by their nature with other products;
11. Alcoholic beverages, the price agreed upon conclusion of the contract, the delivery of which can only take place after 30 days and the actual value is dependent on fluctuations in the market on which the entrepreneur's control;
12. Sealed audio, video recordings or computer software which were unsealed after delivery;
13. Newspapers, periodicals or magazines, except for subscriptions to this;
14. The supply of digital content other than on a tangible medium, but only if:
    • implementation with the express prior consent of the consumer; and
    • 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 products and / or services have not increased, except for price changes due to changes in VAT rates.
2. 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.
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 conclusion of the contract are only allowed if the trader has agreed and:
   • they are the result of legislation or regulations; or
   • the consumer is authorized to terminate the agreement with effect from the date the increase takes effect.
5. The prices include VAT mentioned in the supply of products or services.
   
   

Article 12 - Compliance Agreement and extended warranty

1. The company 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. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. By the trader, its supplier, manufacturer or importer extended warranty limited never legal rights and claims that consumers can do under the contract against the trader valid where the trader has failed to fulfill its part of the agreement.
3. Under additional guarantee means any undertaking by the trader, its supplier, importer or producer certifying that certain rights or claims to the consumer grants beyond which it is required by law in case he failed to fulfill his part of the agreement .
   
   

Article 13 - 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 made known to the trader.
3. Subject to what is stated in Article 4 of these terms and conditions, the company will accepted orders expeditiously but not later than 30 days, unless a different delivery period is agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to 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 with the employer until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise agreed.
   
   

Article 14 - Extended duration transactions: 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 of up to one month.
2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of more than one month.
3. Consumers can the agreements mentioned in the preceding paragraphs:
   • withdraw and not be limited to termination at a certain time or a certain period;
   • at least terminate in the same manner as they are entered by it;
   • Cancel at the same notice as the company has negotiated for itself.

extension:

4. A contract is entered into for a certain period of time, and which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain duration.
5. Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of one month.
6. A contract for a definite period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice period of one month. The notice period is up to three months if the contract extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
7. An agreement with a limited duration of the regular delivery of newspapers, weeklies and magazines (trial or introductory subscription) is not continued implicitly and automatically ends at the end of the trial or introductory.

Expensive:

8. If a contract has a duration of more than one year, after one year the consumer should the agreement at any time terminate with a notice period not exceeding one month, unless the reasonableness and fairness oppose termination before the end of the agreed term.
   
   

Article 15 - Payment

1. Except where otherwise provided in the agreement or additional terms, the amounts owed by the consumer to be paid within 14 days after the start of the reflection period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of a contract to provide a service, that period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer should in general conditions are never required to 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.
3. The consumer is obliged to report immediately to the trader inaccuracies in the payment details.
4. If the consumer is unable to meet its payment (s), it is this, after being rejected by the entrepreneur on the late payment and the trader, the consumer is given a period of 14 days in which to comply with its payment obligations, after failure to pay within this 14-day period, the outstanding amount of the legal interest and the operator is entitled to charge the extrajudicial collection costs incurred by that charge. These collection costs exceed 15% of 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 consumers differ from these amounts and percentages.
   
   

Article 16 - Complaints

1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement should take place promptly after the consumer has found the defects are defined clearly and completely submitted to the entrepreneur.
3. 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.
4. A complaint about a product, service or service of the entrepreneur may also be submitted via a complaints form on the consumer page of the website of Thuiswinkel.org www.thuiswinkel.org . The complaint is then both to the entrepreneur and Thuiswinkel.org.
5. Consumers entrepreneur at least four weeks should give time to resolve the complaint by agreement. After this period, a dispute that is subject to dispute.
   
   

Article 17 - Disputes

1. On similarities between the entrepreneur and the consumer of these terms refer only to Dutch law.
2. Disputes between consumers and entrepreneurs on the creation or implementation of agreements on by this entrepreneur delivered or delivered products and services can be brought in compliance with the provisions below, as well as the entrepreneur by the consumer to the Dispute Thuiswinkel , PO Box 90600, 2509 LP The Hague ( www.sgc.nl ).
3. A dispute will only be dealt with by the Disputes Commission if the consumer has submitted his complaint within a reasonable time to the entrepreneur.
4. Does not the complaint to resolve the dispute must after the date on which the consumer within 12 months submitted the complaint to the trader in writing or in any other form determined by the Commission be submitted to the Disputes Committee.
5. When the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. Preferably, this first report by the consumer to the trader.
6. If the trader wants to submit a dispute to the Disputes Committee, the consumer within five weeks after a written request made by the entrepreneur should express in writing if he so desires or wants to deal with the dispute by the competent court. The entrepreneur learns the consumer choice within the period of five weeks, the company is entitled to submit the dispute to the competent court.
7. The Arbitration Committee's decision under the conditions as set out in the regulations of the Disputes Committee ( www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel ). The decisions of the Disputes Committee as binding advice.
8. The Disputes Committee will not deal or discontinue proceedings if granted to the entrepreneur moratorium, goes bankrupt or its business has actually terminated, before a dispute has been handled by the Committee at the session and a final judgment is highlighted.
9. If in addition to the Dispute Thuiswinkel another recognized or the Foundation for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) disputes committee has jurisdiction over disputes relating mainly to the method of sale or remote services the Dispute Thuiswinkel preferably jurisdiction . For all other disputes or other approved by the SGC Kifid member arbitration committee.
   
   

Article 18 - Branch guarantee

1. Thuiswinkel.org guarantees compliance with the binding recommendations of the Dispute Thuiswinkel by its members unless the member decides to submit the binding opinion within two months of its transmission for review to the court. This guarantee revives if the binding opinion after review is upheld by the court and the verdict from which it appears, has the force of res judicata. Up to an amount of € 10,000, - a binding opinion, this amount is paid by the consumer Thuiswinkel.org. For amounts greater than € 10,000, - a binding opinion, is € 10.000, - paid. For more Thuiswinkel.org has an obligation to ensure that members comply with the binding advice.
2. For purposes of this guarantee requires the consumer to submit a written appeal to Thuiswinkel.org and that his claim on the company transfers to Thuiswinkel.org. If the claim on the entrepreneur exceeds € 10.000, - the consumer is offered his claim to the extent that in excess of € 10,000, - will transfer to Thuiswinkel.org, then this organization pay its own name and costs it will ask in court to satisfy the consumer.
   
   

Article 19 - Additional or different terms

Additional or of these terms and conditions, may 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 medium.

Article 20 - Amendments to the General Conditions IDIS

1. Thuiswinkel.org will not change these terms and conditions in consultation with the Consumer.
2. Changes in these conditions are effective only after they are published in the appropriate way, on the understanding that will prevail most favorable to the consumer amendments apply during the validity of the offer.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede

Eurpese model withdrawal form 
(download in DPF) 

Appendix I: Model withdrawal form Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)

 -To:
Car Fantasy
Archimedesweg8
6662 PS Elst
info@carfantasy.nl

Article 1 - Payment

On orders over € 500 we ask for a down payment of at least 20% of the total purchase price. This also applies to special order items that are purchased specifically for your vehicle, supplied or manufactured.

Article 2 - Warranty

a. CarFantasy giving at least one year warranty on its products supplied, without prejudice to the legal rights of consumers. CarFantasy provides the reliability and / or usability of the delivered items in accordance with the specifications provided. The date on the invoice applies as the date for the guarantee.

b. If within the warranty period a complaint is justified, will bear the shipping costs of CarFantasy. In an unfounded complaint are the costs borne by the consumer.

c. If a complaint is justified, CarFantasy ensures that the article is repaired (partial) or replaced (in part).

e. We do not guarantee chrome and polished parts because they are not resistant to extreme weather conditions.

There can be no claim under the warranty if:

A. Changes were made to the article or device;

b. the existence of defects caused by incorrect or improper use, such as the failure to observe of the associated instructions for use or incorrect assembly;

c. The defect is caused by intent or gross negligence;

d. there is an external cause, such as a car accident, lightning, power outages, natural disasters, etc .;

e. at normal wear and tear.

Article 3 - Right of withdraw for B2B consumers

For B2B dealers/resellers who receive a dealer discount on the recommended prices, return costs are charged at the amount of 15% of the purchase value. This compensates for the costs that Car Fantasy has for stocking or returning to the manufacturer of the products in question.

Do you have any questions?

Do not hesitate and contact CarFantasy:

Internet: www.carfantasy.nl
Email: info@carfantasy.nl