Algemene voorwaarden

General Terms and Conditions Daaloumaa


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 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions


Article 1 - Definitions

In these terms and conditions, the following definitions apply:


Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuing performance contract: a contract for the supply of goods or services of which the obligation to deliver or perform is spread over time and which has been concluded between the entrepreneur and the consumer in the context of a system organised by the entrepreneur for distance selling of goods or services;

Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to them in a way that makes future consultation and unaltered reproduction of the information possible;

Right of withdrawal: the possibility for the consumer to dissolve the distance contract within the cooling-off period;

Model withdrawal form: the model withdrawal form provided by the entrepreneur that the consumer can fill in if they wish to exercise their right of withdrawal;

Entrepreneur: the natural or legal person who offers goods and/or services to consumers from a distance;

Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of a system organised by the entrepreneur for distance selling of goods and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment that the contract is concluded;

Means of distance communication: any means that can be used to conclude a contract between the consumer and the entrepreneur without them being together in the same place at the same time;

  1. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Translation:


Article 2 - Identity of the entrepreneur

Daaloumaa

Phone number: 0343-849313

Email address: info@daaloumaa.nl

Chamber of Commerce number: 72286652


Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order between entrepreneur and consumer that has been concluded remotely.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer free of charge as soon as possible upon request.

If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them 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 viewed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.

In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

If one or more provisions in these general terms and conditions are null and void or are destroyed at any time, the agreement and these terms and conditions shall remain in force for the rest and the relevant provision shall be replaced by a provision that approaches the scope of the original provision as much as possible in mutual consultation without delay.

Situations that are not regulated in these general terms and conditions must be judged "in the spirit" of these general terms and conditions.

  1. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.


Article 4 - The offer


If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to any compensation or termination of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains sufficient information for the consumer to understand the rights and obligations associated with accepting the offer. This concerns in particular:

the price including taxes;

the possible shipping costs;

the manner in which the agreement will be concluded and what actions are necessary for this;

whether the right of withdrawal applies;

the manner of payment, delivery, and execution of the agreement;

the term for acceptance of the offer or the term within which the entrepreneur guarantees the price;

the amount of the tariff for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular basic rate for the communication means used;

whether the agreement will be archived after its conclusion, and if so, where the consumer can access it;

how the consumer can check and, if desired, correct the information provided by him in the context of the agreement before its conclusion;

the possible other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and

  • the minimum duration of the remote agreement in the case of a durable transaction..

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for that purpose.

The entrepreneur may - within legal frameworks - become informed as to whether the consumer can meet his payment obligations, as well as of all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse a request or application, or to attach special conditions to its execution.

When sending the product or service to the consumer, the entrepreneur shall enclose the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

- The visiting address of the entrepreneur's establishment where the consumer can address complaints;

- The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;

- Information about guarantees and existing after-sales service;

- The data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

- The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.

  1. Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

In case of product delivery:


When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons for a period of 14 days. This cooling-off period starts on the day after the consumer or a previously designated representative of the consumer, who is known to the entrepreneur, has received the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product to the entrepreneur with all accessories supplied, and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer shall make this known by means of the model withdrawal form or by any other means of communication such as e-mail. After the consumer has made known that he wishes to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by means of proof of shipment.

If the consumer has not made his intention to make use of his right of withdrawal known to the entrepreneur within the periods mentioned in paragraphs 2 and 3, respectively, or if the product has not been returned to the entrepreneur, the purchase is a fact.

In case of service delivery:


When services are delivered, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, starting on the day of entering into the agreement.

  1. To make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of return shall be borne by him at most.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly agrees to another payment method.

In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.

The consumer cannot be held liable for any depreciation in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be provided before the conclusion of the purchase agreement.


Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

- that have been created by the entrepreneur in accordance with the consumer's specifications;

- that are clearly of a personal nature;

- that cannot be returned by their nature;

- that can spoil or age quickly;

- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

- for loose newspapers and magazines;

- for audio and video recordings and computer software that the consumer has broken the seal of;

- for hygiene products that the consumer has broken the seal of.

Exclusion of the right of withdrawal is only possible for services:

- relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;

- whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;

  • - relating to betting and lotteries.

Article 9 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no influence. The dependence on fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

- they are the result of legal regulations or provisions; or

- the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.


Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that existed on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer's legal rights and claims against the entrepreneur based on the agreement.

Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period is the same as the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

- the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in violation of the entrepreneur's instructions and/or have been treated in a way that is contrary to the packaging;

  • - the defectiveness is entirely or partially the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving orders for products and when evaluating requests for the provision of services, as well as in the execution of these orders and requests.

The place of delivery shall be the address that the consumer has made known to the company.

Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer shall be entitled to terminate the contract free of charge. The consumer shall not be entitled to any damages.

All delivery times stated are indicative. The consumer cannot derive any rights from any of the stated deadlines. Exceeding a deadline does not entitle the consumer to any damages.

In the event of termination pursuant to paragraph 3 of this article, the entrepreneur shall refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.

If it turns out to be impossible to deliver a product that has been ordered, the entrepreneur shall make every effort to make a replacement item available. At the latest, at the time of delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage to and/or loss of products shall rest with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing Performance Contracts: Duration, Termination and Renewal

Termination


The consumer may terminate an agreement for an indefinite period of time that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate an agreement for a definite period of time that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and shall not be restricted to termination at any given time or during any given period;

by the same means as those used by him to enter into the agreement;

with the same notice period as that which the entrepreneur has stipulated for himself.

Renewal


An agreement for a definite period of time that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified duration.

In deviation from the previous paragraph, an agreement for a definite period of time that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specified duration of up to three months if the consumer is able to terminate this extended agreement at the end of the extension period with a notice period of no more than one month.

  1. An agreement for a definite period of time that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer is at liberty to terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once per month, delivery of daily news and weekly newspapers and magazines.

Article 13 - Payment


Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 (1). In the case of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.

The consumer has the obligation to notify the entrepreneur immediately of any inaccuracies in the payment details provided or stated.

In the event of default by the consumer, the entrepreneur shall be entitled, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.


Article 14 - Complaints Procedure


The entrepreneur has a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If the complaint is still not resolved, the consumer has the option of submitting the dispute to the independent dispute settlement committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute settlement committee incurs costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

  1. If a complaint is found to be valid by the entrepreneur, the entrepreneur shall, at its option, replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer is resident abroad.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 - Additional or deviating provisions

Provisions that supplement or deviate 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 the consumer can store them in an accessible manner on a durable medium.


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