Download our terms and conditions here
Article 01 – Definitions
Article 02 – Identity of the entrepreneur
Article 03 – Applicability
Article 04 – The offer
Article 05 – The agreement
Article 06 – Right of withdrawal
Article 07 – Costs in case of withdrawal
Article 08 – Exclusion of the right of withdrawal
Article 09 – The price
Article 10 – Conformity and Warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Additional or deviating provisions
Article 16 – Amendments to the general terms and conditions
Article 17 – Applicable law and disputes
Article 18 – Location and change of conditions
Article 1 – Definitions
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: an agreement to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers to consumers from a distance;
- Distance agreement: an agreement in which, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
Article 2 – Identity of the entrepreneur
Trade name: Disposal Dent
Business address: Raadhuislaan 23A, 5341 GL Oss
Phone number: 06-24541376
Accessibility (by phone / physical):
From Monday to Friday from 9:00 am to 7:00 pm
Establishment address is not a visiting address / visiting by appointment
E-mail address: email@example.com
Chamber of Commerce number: 62540289
VAT number: NL854858477B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.
- 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 can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
- If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force, whereby as much as possible in the absence of the null and void condition the other provisions will become nature, purpose and tenor. explained. If appropriate, an arrangement will be made in mutual consultation to replace the invalid provision.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficient to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a sufficiently truthful representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
This concerns in particular:
- the price including taxes;
- any delivery costs;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication 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;
- the minimum duration of the distance contract in the event of an extended transaction.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur / if delivery has not yet been carried out, the consumer can terminate the agreement.
- 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.
- 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.
- 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:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- 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;
- information about guarantees and existing after-sales service;
- 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;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option to dissolve the contract without giving any 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.
- 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.
- 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 known 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.
If the customer has not made known that he wishes to make use of his right of withdrawal, respectively, after the periods referred to in paragraphs 2 and 3 have expired. the product has not been returned to the entrepreneur, the purchase is a fact.
When providing services:
- When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.
- 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
If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receipt of the article or withdrawal.
Article 8 – Exclusion of right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for 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.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer’s specifications;
- which are clearly of a personal nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant or leisure activities to be performed on a specific date or during a specific period;
- whose delivery has begun with the express consent of the consumer before the reflection period has expired;
- concerning bets and lotteries.
Article 9 – The price
- 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 or statutory government levies.
- 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 are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 10 – Compliance and warranty
- 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 legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- 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.
- No warranty can be claimed:
- in case of damage due to intent or negligent maintenance
- in case of improper use or negligent maintenance
- with normal wear
- in case of damage due to not or not correctly observing the instructions for use.
Article 11 – Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- Entrepreneur aims for timely and prompt delivery in accordance with the stated delivery times, however the stated delivery times are without obligation and are approximate. Stated delivery times and / or stated delivery dates will never be regarded as deadlines, unless agreed otherwise in writing. In the event of late delivery and / or delivery, the entrepreneur must therefore be given notice of default in writing, stating a reasonable term for compliance. A reasonable period is in any case the period that is considered to be reasonably applicable in the industry.
- The specified delivery times and / or delivery dates are based on the working conditions applicable at the time of the conclusion of the agreement, the available stock or the timely delivery of the stocks ordered by the entrepreneur.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. 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 placing the order. In that case, the consumer has the right to terminate the contract at no cost.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
- 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 can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
- 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 representative announced to the entrepreneur, unless expressly agreed otherwise.
- Delivery takes place while supplies last.
- Ownership of the delivered items will pass to you after the amount due has been paid. The risk of the items passes to you at the time of delivery to you.
- The entrepreneur is not obliged to comply with any obligation to the consumer if he is hindered to do so as a result of a circumstance that is not due to fault and is not at his expense under the law, a legal act or prevailing opinions .
- In these general terms and conditions, force majeure means, in addition to what is understood in this respect in law and case law, all external causes, foreseen or unforeseen, over which the entrepreneur cannot exert influence, but as a result of which the entrepreneur is unable to fulfill his obligations. to come.
The entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than three months, then each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other party.
Article 12 – Duration transactions duration, cancellation and extension
- 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.
- 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 at least top one month.
- The consumer can the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
An agreement 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.
- 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 extended for a maximum period of three months, if the consumer has this extended contract for a can terminate the extension with a notice period of up to one month.
- 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 at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- 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
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 up to one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration. .
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place.
- The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- In case of default by the consumer, the entrepreneur has the right to charge the reasonable costs made known to the consumer, subject to legal restrictions.
- If, after being reminded, you do not pay or do not pay in full, the amount due will be increased by extrajudicial collection costs in accordance with the decision on compensation for extrajudicial collection costs. This means an increase with extrajudicial collection costs of:
- 15% on an outstanding principal up to and including € 2500;
- 10% on an outstanding principal amount of 2500.01 to 5,000.00; with a minimum of 40, -.
Article 14 – Complaints procedure
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- 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.
Article 15 – Additional or different stipulations
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 data carrier.
Article 16 – Changes to the general terms and conditions
Changes to these terms and conditions are only effective after they have been published in an appropriate manner, with the proviso that applicable changes during the term of an offer will prevail the most favorable provision for the consumer.
Article 17 – Applicable law disputes
- Dutch law is exclusively applicable to all legal relationships to which the consumer is a party.
- The court in whose district the entrepreneur is established is exclusively authorized to take cognizance of disputes, unless mandatory legislation or regulations prescribe otherwise. Nevertheless, the entrepreneur has the right to submit the dispute to the competent court according to the law of his choice.
- Parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.