Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur upon withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and performance
Article 14 – Duration transactions: duration, cancellation and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 1 – Definitions In these terms and conditions:
Additional agreement:
a contract whereby the consumer products, digital
acquires content and/or services in connection with a distance contract and these items,
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;
Cooling off period: the period within which the consumer can make use of his
right of withdrawal;
Consumer: the natural person who is not acting for purposes related to
his trade, business, craft or profession;
Day: calendar day;
Digital content:
data produced and delivered in digital form;
Permanence agreement:
an agreement that extends to the regular delivery of goods,
services and/or digital content for a certain period of time;
Durable data carrier: any tool – including e-mail – that the
enables the consumer or entrepreneur to store information that is personally addressed to him
save in a way that is future reference or use over a period of time
tailored to the purpose for which the information is intended, and that unaltered reproduction
of the stored information;
Right of withdrawal: the option of the consumer to waive the right of withdrawal within the cooling-off period
the distance contract;
Entrepreneur:
the natural or legal person who products, (accesses to) digital content
and/or offers remote services to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer
is concluded within the framework of an organized distance selling system
products, digital content and/or services, up to and including the conclusion of the agreement
use is made exclusively or jointly of one or more techniques for communication on
distance;
Model withdrawal form:
it is included in Appendix I of these terms and conditions
European model withdrawal form. Annex I need not be made available
stated if the consumer has no right of withdrawal with regard to his order;
Technique for remote communication: means that can be used for closing
of an agreement, without the consumer and entrepreneur being in the same room at the same time
need to have come together.
Article 2 – Identity of the entrepreneur
Biertaxi247.nl;
Daalderweg 12, 1057 DT Zaandam,
Phone number: 06 87 99 04 14,
E-mail address: info@biertaxi247.nl
Chamber of Commerce number: 88062279, VAT identification number: NL864491554B01
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every
concluded distance contract between entrepreneur and consumer.
Before the distance contract is concluded, the text of this general
conditions made available to the consumer. If this is not reasonably possible,
before the distance contract is concluded, the entrepreneur will indicate which
way the general terms and conditions can be viewed at the entrepreneur and that they are available at the request of the
be sent to the consumer free of charge as soon as possible.
If the distance contract is concluded electronically, contrary to the
previous paragraph and before the distance contract is concluded, the text of this general
conditions are made available to the consumer electronically on
in such a way that it can be easily accessed by the consumer
stored on a durable data carrier. If this is not reasonably possible,
before the distance contract is concluded, it is indicated where of the
general terms and conditions can be read electronically and that they are on
consumer’s request, electronically or otherwise, will be free of charge
sent.
In the event that specific product or
terms and conditions of service apply, the second and third paragraphs are corresponding
applicable and the consumer can always opt out in the event of conflicting conditions
invoke the applicable provision most favorable to him.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions,
this is explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered,
digital content and/or services. The description is detailed enough to be a good one
assessment of the offer by the consumer. As the entrepreneur
uses images, they are a true representation of the
offered products, services and/or digital content. 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 the rights and
are obligations that are attached to the acceptance of the offer.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time
of acceptance by the consumer of the offer and compliance with the stipulations
conditions.
If the consumer has accepted the offer electronically, the consumer will confirm
entrepreneur without delay by electronic means of receipt of the acceptance of it
offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur,
the consumer to dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate measures
technical and organizational measures to secure the electronic transmission
of data and ensures a secure web environment. If the consumer can do it electronically
payment, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform or contact the consumer
can meet its payment obligations, as well as of all those facts and factors that are important
for a responsible conclusion of the distance contract. If the entrepreneur
has good grounds on the basis of this investigation not to enter into the agreement, he is
entitled to refuse an order or request or to make a special request
attach conditions.
The entrepreneur will at the latest upon delivery of the product, service or digital content to the
consumer the following information, in writing or in such a way that the
consumer can be stored in an accessible way in a sustainable way
data carrier, enclose:
a. the visiting address of the establishment of the entrepreneur where the consumer with complaints
can go;
b. the conditions under which and the manner in which the consumer of the right of withdrawal
can use, or a clear statement about being excluded from it
right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; for
where applicable, the costs of delivery; and the method of payment, delivery or
execution of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration
is of more than one year or of an indefinite duration;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
In the case of an extended transaction, the provision in the previous paragraph only applies to the
first delivery.
Article 6 – Right of withdrawal For products:
The consumer can enter into an agreement regarding the purchase of a product
during a cooling-off period of at least 14 days without giving reasons. The
entrepreneur may ask the consumer about the reason for withdrawal, but not until
to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a predetermined period by the consumer
consumer designated third party, 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 the last product
received. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, place an order for several
refuse 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 the
received the last part;
c. in agreements for regular delivery of products during a certain period
period: the day on which the consumer, or a third party designated by him, first
received the product.
For services and digital content that is not supplied on a material carrier:
The consumer can enter into a service contract and a digital delivery contract
content not provided on a tangible medium for at least 14 days without
cancellation of reasons. The entrepreneur may ask the consumer for the reason
withdrawal, but not oblige it to state its reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the closing of the
agreement.
Extended reflection period for products, services and digital content that is not on a material carrier
delivered if not informed about the right of withdrawal:
If the entrepreneur provides the consumer with the legally required information about the
right of withdrawal or has not provided the model form for withdrawal, the
cooling-off period twelve months after the end of the original one, in accordance with the previous one
paragraphs of this article set cooling-off period.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph
provided within twelve months of the effective date of the original cooling-off period,
the cooling-off period expires 14 days after the day on which the consumer has that information
received.
Article 7 – Obligations of the consumer during the reflection period
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 necessary to determine the nature, the
characteristics and operation of the product. The starting point here is that the
consumer may only handle and inspect the product as he would in a shop
allowed to do.
The consumer is only liable for the resulting reduction in value of the product
is of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the
entrepreneur did not provide him with all legally required obligations before or at the time of concluding the agreement
information about the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he will report this within the
cooling-off period by means of the model withdrawal form or otherwise
unequivocally to the entrepreneur.
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 over to (an authorized representative 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 has received the product
returns before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonable
possibly in original condition and packaging, and in accordance with the information provided by the entrepreneur
reasonable and clear instructions.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with you
the consumer.
The consumer bears the direct costs of returning the product. As the
entrepreneur has not reported that the consumer must bear these costs or if the
the entrepreneur indicates that he will bear the costs himself, the consumer does not have to pay the costs
return not beer.
If the consumer revokes after first expressly requesting that the performance of
the service or supply of gas, water or electricity that are not ready for sale
made in a limited volume or quantity starts during the cooling-off period, the
consumer owes the entrepreneur an amount that is proportional to that part of the
obligation that has been fulfilled by the entrepreneur at the time of withdrawal,
compared to the full performance of the undertaking.
The consumer bears no costs for the performance of services or the supply of water,
gas or electricity, which are not put up for sale in a limited volume or
quantity, or to supply district heating, if:
a. the entrepreneur provides the consumer with the legally required information about it
right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for
revocation has not provided, or;
b. the consumer does not expressly request the commencement of the performance of the service or delivery
of gas, water, electricity or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial delivery of not on a
material carrier digital content supplied, if:
a. he has not expressly agreed to commence prior to delivery
of compliance with the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when granting his
permission; or
c. the entrepreneur has failed to confirm this statement from the consumer.
If the consumer makes use of his right of withdrawal, all additional
agreements legally dissolved.
Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur notifies the consumer of the withdrawal electronically
possible, he will immediately send an acknowledgment of receipt after receipt of this notification.
The entrepreneur reimburses all payments made by the consumer, including any
delivery costs charged by the entrepreneur for the returned product,
without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait
with repayment until he has received the product or until the consumer demonstrates that he has received it
returned the product, whichever is earlier.
The entrepreneur uses the same means of payment that the consumer has for reimbursement
used, unless the consumer agrees to another method. The refund is free of charge
for the consumer.
If the consumer has opted for a more expensive method of delivery than the
cheapest standard delivery, the entrepreneur does not have to pay the additional costs for the
more expensive method not refundable.
Article 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 makes this clear with the offer, at least in time for the closing of the contract
agreement stated:
Products or services whose price is subject to fluctuations in the financial market
market on which the entrepreneur has no influence and which is within the withdrawal period
may occur;
Agreements concluded during a public auction. Under a public auction
means a sales method whereby products, digital content and/or services are sold
the entrepreneur are offered to the consumer who is personally present or the
will be given the opportunity to be personally present at the auction, under the supervision of a
auctioneer, and where the successful bidder is obliged to sell the products, digital content
and/or purchase services;
Service agreements, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer;
and
b. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur
has performed the agreement in full;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, as in the
agreement a specific date or period of performance is provided for and other than before
residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement contains a specific
date or period of implementation thereof is provided;
Products manufactured according to consumer 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;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for reasons of health protection or hygiene
to be returned and of which the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic drinks whose price has been agreed upon at the conclusion of the
agreement, but the delivery of which can only take place after 30 days, and of which the
actual value depends on fluctuations of the market served by the trader
has no influence;
Sealed audio, video recordings and computer software, of which the sealing after
delivery is broken;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer;
and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The price
During the period of validity stated in the offer, the prices of the offered
products and/or services not increased, except for price changes as a result of
changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices
are subject to fluctuations in the financial market and where the entrepreneur has none
affects, with variable pricing offering. This bondage to fluctuations and
the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only valid
permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only valid
permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel 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 12 – Compliance with the agreement and extra guarantee
The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, the reasonable requirements of
soundness and/or usability and on the date of the creation of the
agreement existing legal provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.
An extra provided by the entrepreneur, his supplier, manufacturer or importer
warranty never limits the legal rights and claims that the consumer has under
can enforce the agreement against the entrepreneur if the entrepreneur is
failed to fulfill its part of the agreement.
An additional guarantee is understood to mean every obligation of the entrepreneur, his
supplier, importer or producer in which the consumer has certain rights or
grants claims that go beyond what it is legally obliged to do in case it is
failed to fulfill its part of the agreement.
Article 13 – Delivery and performance
The entrepreneur will take the greatest possible care when receiving
taking and in the execution of orders of products and in the assessment of
requests for services.
The place of delivery is the address that the consumer has made known to the entrepreneur
made.
With due observance of what is stated in article 4 of these general terms and conditions
stated, the entrepreneur will accept orders expeditiously, 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 placing the order.
posted message. In that case, the consumer has the right to terminate the agreement without
costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer
has to repay without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the
time of delivery to the consumer or a predetermined and to the entrepreneur
announced representative, unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, termination and renewal
Termination:
The consumer can enter into an agreement that has been entered into for an indefinite period and that extends to
the regular delivery of products (including electricity) or services, at all
terminate at any time with due observance of the agreed termination rules and a
notice period of at most one month.
The consumer can enter into an agreement that has been entered into for a definite period and that extends to the
regular delivery of products (including electricity) or services, at all times
at the end of the specified term, with due observance of this
agreed cancellation rules and a notice period of no more than one month.
The consumer can use the agreements referred to in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a specific time or in
a certain period;
– cancel at least in the same way as they have been entered into by him;
– always cancel with the same notice period as the entrepreneur has for himself
stipulated.
Extension:
An agreement that has been entered into for a definite period and that extends to regular delivery
of products (including electricity) or services, may not be tacit
extended or renewed for a specified duration.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period of time and
which extends to the regular delivery of daily news and weekly newspapers and magazines
be tacitly renewed for a specified period of up to three months, if the
consumer can cancel this extended agreement at the end of the extension
with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to regular delivery
of products or services, may only be tacitly renewed indefinitely if
the consumer may cancel at any time with a notice period of no more than one month.
The notice period is a maximum of 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 for the regular delivery of daily,
news and weeklies and magazines (trial or introductory subscription) are not
continued tacitly and ends automatically at the end of the trial or
introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may after one year
cancel the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the
agreed duration.
Article 15 – Payment
Unless otherwise stipulated in the agreement or additional terms and conditions, the
amounts owed by the consumer must be paid within 14 days after the
commencement of the cooling-off 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 commences on the day after the consumer has received confirmation of the
agreement has been received.
When selling products to consumers, the consumer may comply with the general terms and conditions
never be obliged to pay more than 50% in advance. When prepayment is
stipulated, the consumer cannot assert any rights with regard to the execution of the
relevant order or service(s), before the stipulated advance payment has been received
occurred.
The consumer has the obligation to correct inaccuracies in payment details provided or stated
to report immediately to the entrepreneur.
If the consumer does not meet his payment obligation(s) in time, this will be after he
the entrepreneur has pointed out the late payment and the entrepreneur has informed the consumer
period of 14 days to still meet its payment obligations, after
the failure to pay within this 14-day period, on the amount still due
owes the statutory interest and the entrepreneur is entitled to the costs incurred by him
to charge extrajudicial collection costs. These collection costs amount to
maximum: 15% on outstanding amounts up to € 2,500; 10% on the subsequent €
2,500.= and 5% over the next € 5,000.= with a minimum of € 40.=. The entrepreneur can
deviate from the stated amounts and percentages to the benefit of the consumer.
Article 16 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and
handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be made within a reasonable time after the
consumer has discovered the defects, are fully and clearly described
submitted to the entrepreneur.
Complaints submitted to the entrepreneur are counted within a period of 14 days
from the date of receipt. If a complaint is a foreseeable longer
processing time is requested by the entrepreneur within the period of 14 days
replied with an acknowledgment of receipt and an indication when the consumer needs one more
can expect a detailed answer.
The consumer must give the entrepreneur at least 4 weeks to submit the complaint
to be resolved by mutual agreement. After this period, a dispute arises that is susceptible to the
dispute settlement.
Article 17 – Disputes
On agreements between the entrepreneur and the consumer to which these general
terms and conditions, only Dutch law applies.
Article 18 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not apply
to the detriment of the consumer and must be recorded in writing or in such a manner
in such a way that they can be stored in an accessible manner by the consumer
a durable data carrier.
Annex I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you want to cancel the contract)
– To: Biertaxi247.nl
Daalderweg 12, 1057 DT Zaandam
06 87 99 04 14
info@biertaxi247.nl
– I/We* share(s)* hereby informing you that I/We* concerning our agreement
the sale of the following products: [description of product]*
the delivery of the following digital content: [digital content designation]*
the provision of the following service: [designation of service]*,
revoked/revoked*
– Ordered on*/received on* [date of order for services or receipt for products]
– [Name of consumer(s)]
– [Address consumer(s)]
– [Signature consumer(s)] (only if this form is submitted on paper)
* Strike out what is not applicable or fill in what is applicable.