frucek: Rechtliche Informationen

TERMS AND CONDITIONS
Index:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 - Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the reflection

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

Article 9 – Obligations of the trader in case of withdrawal

Article 10 – Exclusion of withdrawal right

Article 11 – The price

Article 12 – Compliance and Warranty extension

Article 13 – Delivery and execution

Article 14 – Extended duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 – Additional or different terms

ARTICLE 3 – Applicability


1 – These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.

2 – Before the contract is concluded, the text of these general conditions have to be made available to the consumer. If this is not reasonably possible, the trader will indicate how to see the general conditions for the entrepreneur, before the contract is concluded, and they will be sent free of cost as soon as possible, at the request of the consumer.

3 – If the contract is concluded electronically, 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 store them in a durable medium. If this is not reasonably possible, before the contract is concluded, it should be indicated where these general conditions can be inspected electronically and that at the request of the consumer, electronically or by other method, will be sent free of charge.

4 – In the event that, besides these general conditions, for a specific product or service, specific conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him.


ARTICLE 4 – The Offer


1 – If an offer has a limited duration or is subject to specific conditions, this will be explicitly stated in the offer.


2 – The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses images, these are a truthful representation of the products, services and /or digital content provided. Obvious mistakes or errors in the offer should not be considered.


ARTICLE 5 – The contract


1 – The agreement is subject to provision of paragraph 4, concluded at the time that 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 – inform the consumer’s ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

5 – The entrepreneur will look upon delivery of the product, service or digital content to the consumer the following information in written format or in such a way that it can be stored by the consumer in an accessible manner on a durable medium;

6 – The address of the establishment of the business where consumers can lodge complaints;

7 – The conditions under which and the manner in which the right of withdrawal by the consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;

8 – Information on guarantees and after sales service;

9 – The price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the payment method, delivery of performance of the contract;

10 – the requirements for terminating the agreement, if the agreement has a duration of more than one year or is indefinite;

11 – If the consumer has a right of withdrawal and the model withdrawal form.

12 – In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.


ARTICLE 6 – Right of withdrawal


For products:

1 – The consumer may rescind an agreement regarding the purchase of a product during a period of 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but does not commit to stating his reason/s.

2 – In paragraph 1, the period begins on the day after the consumer, or is pre-designated by a third party that the product has been received.

3 – If the consumer ordered several products in the same order, the day on which the consumer o a third party designated by him, has received the final product. The operator may, provided that he has informed the consumer before the ordering process, in a clear manne, refusing an order for multiple products with different delivery times.

4 – If the supply of a product consists of multiple lots or pieces, the day on which the consumer or a third party designated by him has received the final shipment or the last item.


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

1 – The consumer has a service contract and a contract for the supply of a digital content which is not supplied on a tangible medium dissolve for at least 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but does not commit to stating hi reason/s.

2.- The waiting period referred to in paragraph 3 shall begin on the day following the conclusion of the contract.


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

1 – If the entrepreneur consumer statutory notice of the withdrawal right or the standard form does not provide for withdrawal, the withdrawal period shall expire twelve months after the end of the original period of reflection determined in accordance with the preceding paragraphs of this article.

2 – If the trader has provided the consumer information referred to in the preceding paragraph within twelve months after the effective 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 protect the product and the packaging. He will only extract the product or use it to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.

2 - The consumer shall only be liable for diminished value of the product which 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 unless the entrepreneur has informed 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, within the withdrawal period, using the withdrawal model 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, or hand it to the entrepreneur (or to a representative of), if the entrepreneur has not offered to collect the product himself.

3 – The consumer must return 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 risks, the costs and the proof of the correct and timely exercise of the right of withdrawal is a responsibility of 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 if the operator indicated to bear the costs himself, consumer does not bear the return shipping costs.

6 – If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity which are not put up for sale in a limited volume or certain amount begin during the withdrawal period, the consumer, the entrepreneur amount due proportion to that part of the commitment which 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, where they are not put up for sale in a limited volume or quantity, or the supply of district heating, provided that:

8 – the entrepreneur consumer statutory notice of the withdrawal right, the allowance has not been provided in case of withdrawal and the model withdrawal form, or;

9 – the consumer does not explicitly the beginning of the implementation of the service or supply of gas, water, electricity or district heating requested during the reflection period.

1. The consumer shall bear no cost for the total or partial delivery of digital content not supplied on a tangible medium where:

2. he prior to their delivery has not expressly agreed to the start of the fulfillment of the contract before the end of the reflection period;

3. he has not acknowledged that he loses his right of withdrawal when giving his consent; whether

4. the trader has failed to confirm this consumer statement.


10 - If the consumer exercises his right of withdrawal, all additional agreements of law are canceled.


ARTICLE 9 – The operator obligations in case of withdrawal


1 – If the electronically notification of withdrawal to the entrepreneur by the consumer allows, the entrepreneur should immediately send the acknowledgment upon receipt of this notification.

2 – The trader shall reimburse all payments to 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 wait to refund until he has received the product, or the consumer demonstrates that he has returned the product, which ever is the earlier.

3 – The entrepreneur uses the same means of payment used by the consumer for reimbursement unless the consumer agrees to a different method. The repayment is free of charge 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 reimburse the additional costs of the more expensive method.


ARTICLE 10 – Exclusion of withdrawal right


The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur clearly in the offer, at least in the time for the conclusion of the agreement stated:

1 – Goods or services whose price is dependent on the 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 opportunity to be personally 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 full implementation of the service, but only if:

4 – The performance has begun with the explicit prior consent of the consumer, and

5 – The consumer has stated that he will lose his right of withdrawal once the operator has completed the agreement:

1. Package tours referred to in Article 7: 500BW and agreements of passenger transport

2. Service contracts for provision of accommodation, as in the agreement a specific date or period of performance features and others for residential purpose, transport of goods, car rental services and catering.

3. Agreements related to leisure activities, a specific date or period of execution provided for in the agreement.

4. 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.

5. Products that spoil quickly or have a limited shelf life.

6. Sealed products that are not suitable for reasons of protection of health or hygiene to be returned and which were unsealed after delivery.

7. Products that are inseparably mixed after delivery by their nature with other products.

8. Alcoholic beverages, the price is 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 has no influence.

9. Sealed audio, video recordings or computer software which were unsealed after delivery.

10. Newspapers, periodicals or magazines, except for subscriptions to this.

11. The supply of digital content other than on a tangible medium, but only if:

12. The performance has begun with the explicit prior consent of the consumer, and;

13. the consumer has stated that he thus loses his right of withdrawal.


ARTICLE 11 – The price.


1 – During the period mentioned in the price offer of the products and/or services, price will not increase, except for price changes due to changes in BTW rates.

2 – Notwithstanding the preceding paragraph, the business products or services which prices are subject to fluctuations in the financial market and where the entrepreneur has no control are variable prices. These fluctuations and the fact that any price target is an estimation, 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:

A. They are the result of legislation or regulations; wheter

B. The consumer is authorized to terminate the contract with effect from the date the increase takes effect.

5 – The prices include BTW mentioned in the supply of products or services.


ARTICLE 12 – Compliance agreement and extended warranty.


1 – The operator guarantees that the products and/or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

2 – By the trader, its supplier, manufacturer or importer provided additional guarantee restricted 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 – Among 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 accept orders expeditiously but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer should receive them no later than 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and be entitled to any compensation.

4 – After dissolution in accordance with the preceding paragraph, the operator should repay immediately the amount payed by the consumer.

5 – The risk of damage and/or loss of products rest upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.


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 conclude the contract 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 end of the fixed-term in compliance with the applicable termination rules and a notice of more than one month.

3 – Consumers can, in agreements referred to in the preceding paragraphs:

- Withdraw and not be limited to termination at a particular time or in a given period;

- Terminate them in the same way as they are concluded;

- Cancel at the same notice as the company negotiated for it.


Extension:

1 – A contract for a definite period and that extends to the regular delivery of products (including electricity) or services many not be automatically extended or renewed for a fixed duration.

2 – Notwithstanding the preceding paragraphs, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of up to one month.

3 – 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 up to one month. The notice period shall not exceed three months in case the agreement extends to the regular, but less than once a month, delivering daily, weeklies and magazines.

4 – A contract with a limited duration of regular delivery of dailies, weeklies and magazines (trial or introductory subscription) will not continue in silence and ends automatically after the trial or introductory.


Duration:

1 – If a contract has a duration of more than one year, after a year, the consumer should terminate the agreement at any time 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 – Unless otherwise provided in either the agreement or other additional terms, the amounts owed by the consumer have to be paid within 14 days after the start of the cooling period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this 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 terms, never be obliged to advance payments 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 any inaccuracies in data supplied or specified payment.

4 – If the consumer is unable to meet its payment/s above, after he has been warned by the trader about the late payment, the consumer is given a period of 4 days in which to comply with its payment obligations, after non-payment 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 him. These collection costs exceed 15% of outstanding amounts to 2500€; 10 on the next 2500€, and 5% on the next 5000€, with a minimum of 40€. The entrepreneur can benefit consumers with lower amounts than these percentages, if he wants.


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 and are defined clearly and completely submitted to the operator.

3 – Complaints should be done within a period of 14 days from the date of receipt. If a complaint requires a foreseeable 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 – If the complaint created a dispute that is subject to dispute, within a reasonable time or within 3 months after filling the complaint, can be resolved by mutual agreement.


ARTICLE 17 – Disputes.

1 – On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.


ARTICLE 18 – Additional or different terms.


Additions to these terms and conditions, may not be to the detriment of consumers 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 mention