Terms and conditions
General Terms and Conditions ARKASIS BV
Version for delivery to companies, institutions and government
1. Definitions and applicability
1.1 In these conditions, the following definitions apply
Customer: any natural person or legal entity other than a consumer, acting in the exercise of his profession or business, who is registered with the Chamber of Commerce in the Netherlands and who has a Business account created at Arkasis BV.
Day: calendar day;
Arkasis: the private company Arkasis established at Limbrichterstraat 1, 6131 EA in Sittard, operating in the Netherlands under VAT number: NL854027178B01 and Chamber of Commerce no.
Agreement: every agreement relating to the delivery of products by Arkasis to the Customer.
Offer / Quotation: any non-binding proposal sent by Arkasis to the customer, the purpose of which is to conclude an agreement, whether or not by electronic means.
Products: any product offered, to be delivered or delivered by the entrepreneur on the basis of the agreement.
In writing: in writing, by e-mail or by fax.
General conditions: the present general conditions applied by Arkasis.
Business account: an account that is created on behalf of the customer and on which the customer can log in with an obtained login code and can see which orders have been placed, delivered and all other changes that relate to the business account.
1.2 These General Terms and Conditions apply to every offer, quotation and Agreement between Arkasis and Customer, insofar as the parties have not explicitly deviated from these terms and conditions in writing.
1.3 These General Terms and Conditions do not apply to offers to and agreements with natural persons who do not act in the exercise of a profession or business.
1.4 The applicability of any purchase or other terms and conditions of the Customer is expressly rejected.
1.5 If one or more provisions in these terms and conditions are wholly or partially invalid at any time or should be annulled, the remaining provisions in these terms and conditions will remain fully applicable. Arkasis and Customer will then enter into consultation in order to agree new provisions to replace the void or voided provisions, whereby the purpose of the original provisions will be taken into account as much as possible.
1.6 If there is uncertainty about the interpretation of one or more provisions of these conditions, the explanation must be in the spirit of these provisions.
1.7 If a situation occurs between the parties that is not regulated in these conditions, then this situation must be assessed in the spirit of these conditions.
1.8 All that is stipulated in the General Terms and Conditions and in any further agreements for Arkasis is also stipulated for intermediaries and other third parties engaged by Arkasis.
2. Offers / quotations
2.1 Any offer / quotation from Arkasis on the websites, in mailings and by telephone, is free of obligation and can always be withdrawn by Arkasis.
2.2 Obvious mistakes or errors in the offer do not bind Arkasis.
2.3 Any offer / quotation can be withdrawn in writing by Arkasis within seven calendar days after receipt of acceptance, in which case no agreement has been concluded between the parties.
2.4 Each offer contains such information that it is clear to the Customer what rights and obligations are attached to accepting the Offer. This concerns in particular:
- the price excluding taxes, unless otherwise agreed;
- the possible costs of delivery;
- the manner in which the Agreement will be concluded and which actions are required for this;
- the method of payment, delivery or implementation of the Agreement.
3. Ordering and conclusion of the agreement
3.1 If the Customer places an order / order, the Agreement will only come into being because Arkasis accepts this in writing.
3.2 Orders can be placed on the Arkasis websites, by fax, by e-mail or by telephone.
3.3 Arkasis reserves the right to charge a surcharge in the case of orders above a maximum total weight to be delivered.
3.4 Conditions may be attached to the acceptance of orders such as payment in advance, see Article 6.2.
3.5 If acceptance of an order for a certain product appears to be impossible for whatever reason, Arkasis will attempt to deliver an item comparable in price and quality in consultation with the Customer. The order will be accepted in accordance with adapted form after agreement.
3.6 Arkasis has the right at all times to verify an order in advance or to refuse it without giving any reason, which Arkasis will inform the Customer as soon as possible.
4.1 The prices on the Arkasis websites are in euros and are current prices. All Arkasis prices are subject to programming and typing errors.
4.2 All prices include costs of packaging, excluding VAT * and costs of transport, shipping and statutory contributions unless stated otherwise. Per order, depending on the method of payment, a one-off contribution to shipping costs stated on the websites will be charged.
4.3 Arkasis cannot be held to the prices stated by it at the moment that Arkasis indicates that the quotation or part of the quotation contains a manifest error, printing or typing error, failure or typing error, unless the Customer proves that in terms of reasonableness and fairness and generally accepted beliefs is unreasonable not to hold Arkasis to the Tender.
4.4 Arkasis is entitled to adjust the prices or parts thereof for goods or services that have not yet been delivered and / or have not been paid for any changes in price-determining factors, such as raw material prices, wages, taxes, production costs, currency exchange rates and the like.
4.5 Arkasis is always authorized to adjust the prices without delay if a legal price-determining factor gives cause for this.
4.6 Price changes as described in this article, to which Arkasis is entitled at all times, will be notified to the Customer in the usual manner as soon as possible. Failure to receive a price change notification does not entitle you to delivery at prices previously stated by Arkasis.
4.7 Special offers are only valid for the duration stated in that offer on the website.
5. Delivery, transport and risk
5.1 Arkasis determines the mode of transport and the carrier. If the Customer has special transport wishes, the extra costs will be for his account. All orders are delivered to the collection point or street address specified by the Customer.
5.2 The ordered product is at the risk of the Buyer from delivery, even if ownership has not yet been transferred to the Buyer.
5.3 Arkasis strives to deliver the order as soon as possible, but at the latest within 2 weeks after the order date. In the event of a delay in the delivery of all or part of the order, Arkasis will inform the Customer in a timely manner.
5.4 All (delivery) periods stated by Arkasis are approximate and have been determined on the basis of the information and circumstances known to Arkasis at the time of entering into the Agreement. The agreed delivery time is never a strict deadline, unless explicitly agreed otherwise.
5.5 If a product that is (temporarily) out of stock is ordered by the Customer, the Customer will be notified in writing when the product will be available again. Arkasis can never be held liable for delays at suppliers in the delivery of products.
5.6 Arkasis reserves the right to deliver the order in parts. There are no additional costs associated with partial deliveries or subsequent deliveries.
5.7 If an order is unexpectedly incomplete upon delivery, the Customer must report this to Arkasis immediately upon receipt. Arkasis will then deliver the missing part of the order as soon as possible.
5.8 If an order delivered by Arkasis contains products that have not been ordered by the Customer, the Customer must report this to Arkasis immediately upon receipt. The Buyer can then return the incorrectly delivered items in accordance with the procedure to be communicated by Arkasis to the Buyer, after which Arkasis will send any missing items.
5.9 As soon as the Buyer takes the incorrectly delivered items into use or resells them, the right to return these items will lapse and Arkasis will charge these items to the Buyer.
5.10 The customer is obliged to take delivery of the purchased goods at the time they are made available to him or at the time that they are delivered to him. If the Customer refuses the purchase or is negligent in providing information or instructions necessary for the delivery, the goods will be stored for a maximum of 4 weeks at the expense and risk of the Customer. In that case, the customer owes all additional costs, including at least storage costs.
6. Payment and bank details
6.1 Payment is made by bank or giro collection, credit card, online banking, on account, or in any other way specified on the website, under conditions further specified on the websites and in mailings.
6.2 Arkasis always has the right to demand (partial) advance payment or any other security for payment from the Customer.
6.3 If it has been agreed that the Customer pays by giro collection or invoice, a (fatal) payment period of 14, 30 or 60 days after the invoice date applies, depending on what has been agreed with the Customer. The customer is not authorized to deduct any amount from this purchase price due to a counterclaim made by him. Payment must be made to bank account number IBAN NL76 RABO0129124990 BIC: RABONL2U of Rabobank Nederland, stating the customer and order number.
6.4 If an invoice has not been paid in full after the expiry of the term referred to in the previous paragraph or if direct debit has not been able to take place, the Buyer will owe Arkasis a default interest of 2% per month with effect from the expiry of that term, where a part of a month is charged for a whole month.
6.5 Payment must be made in the agreed currency without settlement, discount or suspension for whatever reason.
6.6 In appropriate cases, Arkasis reserves the right not to accept a proposed payment method. In that case it will be announced and the order will be sent after payment in advance.
6.7 If, after a reminder from Arkasis, payment is still not made, Arkasis is furthermore entitled to charge the Customer extrajudicial collection costs.
6.8 The extrajudicial collection costs referred to in the previous paragraph amount to:
- 15% of the amount of the principal on the first € 2,500.00 of the claim (with a minimum of € 40.00);
- 10% of the amount of the principal on the following € 2,500.00 of the claim;
- 5% of the amount of the principal on the following € 5,000.00 of the claim;
- 1% of the amount of the principal on the next € 1900,000.00 of the claim
- 0.5% over the excess of the principal with a maximum of € 6,775.00.
6.9 In the absence of full payment by the Customer, Arkasis has the right, without further notice of default, to dissolve the Agreement by a written statement or to suspend its obligations under the agreement until the Customer has yet paid. Arkasis also has the aforementioned right of suspension if it has reasonable grounds to doubt the creditworthiness of the Buyer before the Customer is in default.
6.10 Payments made by the Customer will first be deducted by Arkasis from all interest and costs due and then from the invoices that have been outstanding the longest, unless the Customer states in writing that it relates to a later invoice.
6.11 The Customer may not settle the claims of Arkasis with any counterclaims it has on the Customer.
6.12 Arkasis reserves the right to hold an order from a customer, further orders or to cancel until Arkasis has confirmed payment of the customer of the invoice to its account.
6.13 Electronic invoices are sent to the e-mail address specified by the Customer when applying for the business account. For changes to the e-mail address and the method of sending invoices, the Customer can contact Arkasis. For invoices sent by post, Arkasis reserves the right to charge a surcharge for shipping costs.
6.14 Arkasis has the right to demand a deposit of 100% from newly registered companies
7. Retention of title
7.1 Arkasis retains ownership of all products delivered and to be delivered to the Customer until the time at which the Customer has paid all his payment obligations to Arkasis.
7.2 The payment obligations referred to in the previous paragraph consist of paying the purchase price of the products plus claims for work performed in connection with the delivery and claims for attributable failure of the Customer to fulfill his obligations, such as claims for paying compensation, extrajudicial collection costs, interest and any fines.
7.3 The Customer must carefully store the products and as identifiable property of Arkasis as long as the retention of title rests on this.
7.4 As long as the delivered products are subject to a retention of title, the Buyer cannot pledge the products in any way or grant any other right to them to a third party.
7.5 The Customer must immediately inform Arkasis in writing if third parties pretend to have ownership or other rights to the products that are subject to retention of title.
7.6 The Customer must ensure that business or household effects insurance is included in such a way that the products delivered under retention of title are co-insured at all times and Arkasis will, upon first request, grant access to the insurance policy and the corresponding premium payment receipts.
7.7 If the Customer acts contrary to the above provisions of this article or Arkasis invokes the retention of title, Arkasis and its employees have the irrevocable right to enter the grounds of the Customer and to take back the products delivered under retention of title. This applies without prejudice to Arkasis' right to compensation for loss, lost profit and interest and the right to terminate the agreement by giving written notice without further notice of default.
7.8 The Customer cannot transfer or pledge claims against Arkasis, for whatever reason, to a third party. This clause has property law effect within the meaning of art. 83 paragraph 2 (in conjunction with Article 98) of Book 3 of the Dutch Civil Code.
8. Defects, complaint periods and warranty
8.1 Arkasis guarantees that the delivered goods comply with the agreement, on the understanding that minor deviations accepted in the sector with regard to specified sizes, weights, numbers, discolorations and slight mutual color deviations etc. do not count as a shortcoming on the part of Arkasis.
8.2 Arkasis gives at least one year warranty on all technical devices - regardless of which brand or type.
8.3 The Customer must examine the products delivered upon delivery, the Customer must check
a. whether the delivered goods meet the agreement;
b. whether the correct items have been delivered;
c. whether the delivered goods correspond in terms of quantity and number with what has been agreed;
d. whether the goods delivered meet the requirements that may be set for normal use and / or commercial purposes.
8.4 Customer must report complaints to Arkasis in writing within 5 working days after delivery.
8.5 If the Customer does not report any defects or complaints within the specified periods, his complaint will not be processed and his rights will lapse.
8.6 Legal claims and defenses against Arkasis, based on facts that would justify a claim that the products delivered do not comply with the agreement, expire one year after delivery.
8.7 In addition, any claim by the Customer with regard to delivered products will lapse if:
a. Products can no longer be identified as originating from Arkasis;
b. the defects are the result of normal wear and tear, improper and / or incorrect treatment, use and / or storage or maintenance of the products;
c. Arkasis has not immediately been given the opportunity by the Customer to investigate the complaints and to fulfill its obligations;
d. Customer has not, not timely or not properly fulfilled the fulfillment of any obligation on him.
8.8 Complaints about invoices must be submitted In Writing within five working days after the date of dispatch of the invoices.
8.9 If it has been demonstrated that the products do not comply with the agreement, Arkasis has the choice either to repair the products in question against their return, or to replace them with new products or to refund the invoice value thereof. These terms and conditions apply in full to this new delivery.
9.1 Arkasis always has the right to terminate the agreement without further notice by giving written notice to the Customer at the time when the Customer:
1. is declared bankrupt or an application for bankruptcy has been made;
2. apply for a (temporary) suspension of payment;
3. is affected by enforceable seizure;
4. is placed under guardianship or administration;
5. otherwise loses the power of disposition or legal capacity with regard to its assets or parts thereof, including the situation that the debt rescheduling arrangement has been declared applicable.
9.2 The Customer must always inform the liquidator or administrator of the (content of the) agreement and these general terms and conditions.
10.1 Each party is obliged to maintain confidentiality vis-à-vis third parties of all data of a confidential nature, in whatever form, that have been obtained from the other party. Parties will not use information of a substantive nature for their own benefit.
10.2 Arkasis records the data of the Customer and the data provided by him / her in a data file. Arkasis will use the data from this file in accordance with Dutch privacy legislation. Arkasis has the right to use name and address data from its files for commercial purposes, with due observance of the provisions in the first paragraph of this article, unless the Customer has notified Arkasis in writing that the data provided by him / her may not be used for this purpose. are used.
11. Force majeure
11.1 The delivery period referred to in Article 5.3 is extended by the period during which Arkasis is prevented from fulfilling its obligations due to force majeure.
11.2 Force majeure on the part of Arkasis exists if, after concluding the agreement, Arkasis is prevented from fulfilling its obligations under this agreement or the preparation thereof as a result of war, danger of war, civil war, terrorism, riot, molestation, fire , water damage, flooding, work strike, company occupation, exclusion, import and export restrictions, government measures, defects in machinery, disruptions in the supply of energy, all in the Arkasis company as well as with third parties, of which Arkasis needs all or part of the required materials as well as during storage or during transport, whether or not under own management, and furthermore due to all other causes, arisen through no fault or risk of Arkasis.
11.3 If the force majeure occurs, while the agreement has already been partially implemented, the Customer, the authority to either retain the part of the articles that has already been delivered and the aforementioned to pay the required purchase price, or to regard the agreement also for the already executed part as terminated under the obligation to return what had already been delivered to Arkasis for the account and risk of the Customer, if the Customer can demonstrate that the already delivered part of the items can no longer be used effectively by the Buyer as a result of the non-delivery of the remaining items.
12.1 Arkasis is not liable for direct damage in the performance of an agreement, except for intent. Arkasis is in any case not liable for indirect damage, including physical damage, business losses, loss of use and other consequential damage, which the Customer suffers due to (possible) shortcomings or non-performance of Arkasis in the performance of the agreement. The liability of Arkasis is in any case limited to the amount of the invoice amount of the articles.
12.2 Arkasis cannot be held liable for failure to achieve performance, tolerances or properties of the products, unless these are specifically and explicitly guaranteed in writing by Arkasis. Responsibility of whether the articles are sufficiently suitable for the intended use of the Buyer is the responsibility of the Buyer even if Arkasis has advised the Buyer about the application.
12.3 Arkasis is not liable for consequential damage resulting from repair work, including (non-exhaustive) business disruption, stagnation, evacuation costs, damage to other objects, all in the broadest sense of the word.
12.4 Arkasis is not liable for damage as a result of or in connection with atmospheric conditions changed during the warranty period, as well as as a result of or in connection with long-term contamination with construction products such as lime, cement, solvent, dust caused by public transport and the like;
12.5 Arkasis is not liable for damage as a result of or in connection with defective and / or improper and / or insufficient actions in the field of cleaning and maintenance, transport and storage, assembly, mechanical load, delivery.
12.6 Damage as referred to in this article must be reported to Arkasis in writing as soon as possible but no later than within 2 (two) weeks after it arises Damage that has not been notified to Arkasis within that period is not eligible for compensation, unless the Customer can demonstrate that he / she could not have reported the damage earlier.
12.7 Arkasis is not liable for advice or recommendations made by Arkasis on NetcamCenter.com or by its employees or suppliers, whether or not in writing or verbally.
13. Intellectual Property Rights
13.1 Arkasis guarantees that the goods delivered by it as such do not infringe Dutch patent rights, design rights or other industrial or intellectual property rights of third parties,
13.2 If Arkasis has to recognize or it is established by a Dutch court in a legal case in a decision that is no longer appealable that any case delivered by Arkasis does infringe the rights of third parties as referred to here, Arkasis will take back the case concerned. The Customer is obliged to cooperate in the return of the item concerned.
14. Disputes and applicable law
14.1 Only Dutch law applies to the agreement concluded between Arkasis and the Customer.
14.2 The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
14.3 Any disputes will be submitted to the competent court in the place where Arkasis is located, albeit that Arkasis always retains the right to submit a dispute to the competent court in the place where the Customer is located.
14.4 If the Customer is established outside the Netherlands, Arkasis has the right to choose to submit the dispute to the competent court in the country or state where the Customer is established.
General Terms and Conditions Arkasis B.V.
Version for delivery to private individuals
Arkasis BV focuses on sales to companies. A limited part of the range can be purchased by private individuals. For this, please contact us beforehand if we can deliver the desired item to a private individual. If you place the order online, it will be determined afterwards whether we accept the order and deliver it to a private individual, you will receive a confirmation from us.
The following definitions apply in these terms and conditions:
1.1 Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
1.2 Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
1.3 Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
1.4 Day: calendar day;
1.5 Digital content: data that is produced and delivered in digital form;
1.6 Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
1.7 Sustainable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
1.8 Right of withdrawal: the ability of the consumer to cancel the distance agreement within the cooling-off period;
1.9 Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
1.10 Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusive or joint use one or more techniques for distance communication are made;
1.11 Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions;
1.12 Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.
2. Identity of the entrepreneur
Name of entrepreneur: NetcamCenter.com / ARKASIS BV
Acting under the name: ARKASIS BV / NetcamCenter.com
6131 EA Sittard
Telephone number: 046-2021000
From Monday to Friday from 9 a.m. to 5 p.m.
Email address: firstname.lastname@example.org
Chamber of Commerce number: 60711574
VAT number: NL854027178B01
3.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
3.2 The general terms and conditions are on the entrepreneur's website and can be viewed by anyone. Only in exceptional cases, before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur.
3.3 If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it is made available by the consumer. can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be read electronically.
3.4 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 in the event of conflicting conditions the consumer can always invoke the applicable provision that is most favorable to him is.
4. The offer
4.1 If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
5. The agreement
5.1 The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
5.2 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 entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
5.4 The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, and of all those facts and factors that are important for a sound conclusion of the distance agreement. 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 or to attach special conditions to the implementation.
5.5 The entrepreneur will send the following information to the consumer at the latest on delivery of the product, service or digital content, 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;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model form for withdrawal.
5.6 In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
6. Right of withdrawal
6.1 The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
6.2 The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
c. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
6.3 The consumer cannot terminate a service agreement and an agreement for the delivery of digital content that is not supplied on a material medium without reason. Entrepreneur has the right to declare the dissolution invalid.
7. Obligations of the consumer during the cooling-off period
7.1 During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
7.2 The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
7.3 The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
8. Exercise of the right of withdrawal by the consumer and costs thereof
8.1 If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
8.3 The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
8.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
8.6 If the consumer cancels after having first explicitly requested that the provision of the service that is not made ready for sale starts in a limited volume or certain amount during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the undertaking that was fulfilled by the entrepreneur at the time of cancellation, compared to full compliance with the undertaking.
8.7 The consumer does not bear any costs for the performance of services that are not made ready for sale in a limited volume or quantity, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs or the model form for withdrawal, or;
2. the consumer did not explicitly request the start of the service during the cooling-off period.
8.8 The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
1. prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
2. he has not acknowledged that he has lost his right of withdrawal when granting his permission;
3. or the entrepreneur has failed to confirm this statement from the consumer.
8.9 If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
9. Obligations of the entrepreneur in case of withdrawal
9.1 If the trader makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
9.2 The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier.
9.3 The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.
10. Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
10.1 Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period. Service contracts, after full performance of the service, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement; Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
10.3 Products that spoil quickly or have a limited shelf life.
10.4 Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery.
10.5 Products that by nature are irrevocably mixed with other products after delivery.
10.6 Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
10.7 The delivery of digital content other than on a material medium, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has stated that he thereby loses his right of withdrawal.
11. The price
11.1 During the validity period stated in the offer, the prices of the products and / or services offered are not increased, subject to price changes as a result of changes in VAT rates.
11.2 Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
11.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
11.4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. these are the result of statutory regulations or provisions; or
2. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
11.5 In the range of products or services, prices are stated both excluding and including VAT.
12. Compliance with agreement and extra guarantee
12.1 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 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.
12.2 An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfill his part of the agreement. .
12.3 An additional guarantee is understood to mean any obligation of the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the contract. agreement.
13. Delivery and execution
13.1 The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
13.2 The place of delivery is the address that the consumer has made known to the entrepreneur.
13.3 With due observance of what is stated in this regard in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the 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 without costs and is entitled to any compensation.
13.4 After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
13.5 The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
14. Duration transactions: duration, cancellation and extension
14.1 The consumer can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of at most one month.
14.2 The consumer can at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of at most one month.
14.3 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 are entered into by him;
cancel with the same cancellation period as the entrepreneur has negotiated for himself.
14.4 An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a specific duration.
14.5 An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of one month at most.
14.6 If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.
15.1 Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement . In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
15.2 When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
15.3 The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
15.4 If the consumer does not meet his payment obligation (s) in time, he will be reminded after he has been informed by the trader of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations. the absence of payment within this 14-day period, the statutory interest on the remaining amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. For the benefit of the consumer, the entrepreneur can deviate from the stated amounts and percentages.
16. Complaints procedure
16.1 The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
16.2 Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
16.3 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 respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
16.4 The consumer must at least give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
17.1 Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
18. Additional or different provisions
18.1 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 in an accessible manner on a durable medium by the consumer.
19. Modification of the General Terms and Conditions
19.1 Changes to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail.
20. Annex I: Model withdrawal form
(only complete and return this form if you wish to withdraw from the contract)
To: Netcamcenter.com / ARKASIS BV
6131 EA Sittard
Fax number entrepreneur: +31 46 4586 684
e-mail address: email@example.com
I / We * share / share * herewith that I / we * our agreement regarding the sale of the following products: ………………………… (designation product) *
the delivery of the following digital content: ………………………… .. (indication of digital content) *
the provision of the following service: ………………. (indication of service) *, revoked / revoked *
Ordered on * / received on * ……… …… (date order for services or receipt for products)
Name of consumers: …………………………………….
Consumer address (s): …………………………………….
Consumer (s) signature: …………………………………………… (only when this form is submitted on paper)
* Delete what does not apply or enter what applies.