Conditions d'utilisation

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 the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Continuous Performance Contracts: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

The following terms shall have the following meanings in these Terms and Conditions:

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

Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous performance contract: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

Durable medium: any tool that allows the consumer or entrepreneur to store information directed to them personally in a way that enables future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

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

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

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

Means of distance communication: a tool that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time;

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

AZcom BV

Parallelweg 95
1948NL Beverwijk
The Netherlands

T: (316) 102-3444
E: info@azcom.nl
Chamber of Commerce number: 62804634
VAT number: NL854963972B01

Article 3 - Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the General Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible upon the consumer’s request.

If the distance contract is concluded electronically, then in deviation from 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be viewed electronically, and that they will be sent free of charge, either electronically or otherwise, at the consumer’s request.

In cases where specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer may invoke the applicable provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in effect for the remainder, and the relevant provision will be replaced promptly in mutual consultation by a provision that closely approximates the purpose of the original provision.

Situations not covered in these General Terms and Conditions should be assessed in accordance with the spirit of these General Terms and Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our terms should be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 - The Offer

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

The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products 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 will be 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 compensation or dissolution of the agreement.

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

Each offer includes such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

The price, including taxes;
Any shipping costs;
The manner in which the agreement will be concluded and what actions are necessary for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The term for accepting the offer or the period within which the entrepreneur guarantees the price;
The level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
The manner in which the consumer can check and, if necessary, correct the data provided by them in the context of the agreement before concluding the agreement;
Any other languages in which, in addition to Dutch, the agreement can be concluded;
The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the case of a continuous performance contract.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.

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

The entrepreneur may, within the bounds of the law, gather information about the consumer’s ability to meet their payment obligations, as well as about all facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has valid grounds not to conclude the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it on a durable medium, along with the product or service:

The visiting address of the entrepreneur’s business location where the consumer can lodge complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about guarantees and existing after-purchase services;
The information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the right to dissolve the agreement without providing any reason within 14 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer, who is not the carrier, receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. This notification can be made using the model withdrawal form or another communication method, such as email. After the consumer has expressed their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for instance, by means of a shipment receipt.

If the consumer has not notified the entrepreneur of their wish to exercise the right of withdrawal or has not returned the product within the timeframes specified in paragraphs 2 and 3, the purchase is final.

For the delivery of services:

In the case of services, the consumer has the right to dissolve the agreement without providing any reason for at least 14 days, starting from the day the agreement is entered into.

To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the cost of returning the product.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional upon the entrepreneur having received the returned product or the consumer providing conclusive proof of return shipment. Refunds will be made using the same payment method as used by the consumer, unless the consumer explicitly agrees to a different method.

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

The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal prior to concluding the agreement.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as specified in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement.

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

That have been created according to the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That spoil or age quickly;
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal;
or hygiene products where the consumer has broken the seal.

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

Related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
Whose delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
Related to betting and lotteries.

Article 9 - The Price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices, which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and the fact that any listed prices are target prices will be stated in the offer.

Price increases within 3 months of the agreement’s conclusion are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the agreement’s conclusion are only allowed if the entrepreneur has stipulated this and:

They result from statutory regulations or provisions; or
The consumer has the right to terminate the agreement effective from the day the price increase takes effect.

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

All prices are subject to printing and typing errors. No liability will be accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at 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, reasonable requirements of reliability and/or usability, and any existing statutory provisions and/or government regulations at the date of the agreement’s conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any additional guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.

The entrepreneur’s warranty period corresponds to 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 had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions, are otherwise handled carelessly, or are handled contrary to the entrepreneur’s instructions and/or the packaging;
The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has provided to the entrepreneur.

With due regard to the provisions of paragraph 4, the entrepreneur will execute accepted orders promptly but at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from the mentioned delivery periods. Exceeding a delivery term does not entitle the consumer to compensation.

In case of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. No later than at the time of delivery, it will be clearly communicated 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 are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

1. The consumer may terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period not exceeding one month.

2. The consumer may terminate an agreement that has been entered into for a definite period and which involves the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.

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

At any time and not limited to termination at a specific time or during a specific period;
In the same manner as they were entered into by the consumer;
Always with the same notice period as the entrepreneur has stipulated for itself.

Renewal

1. A fixed-term agreement that involves the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a fixed term.

2. In deviation from the previous paragraph, a fixed-term agreement that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate the extended agreement at the end of the extension with a notice period not exceeding one month.

3. A fixed-term agreement that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period not exceeding one month, and a notice period not exceeding three months if the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

4. A fixed-term agreement for the regular supply of daily, news, and weekly newspapers and magazines for introductory or trial purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless the reasonableness and fairness dictate otherwise.

Article 13 - Payment

Unless otherwise agreed, 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, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

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

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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In case of complaints, the consumer should first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved mutually, the consumer can contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if the online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution still cannot be reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur, whose decision is binding. Both the entrepreneur and the consumer agree to this binding decision. Costs are associated with submitting a dispute to this committee, which must be paid by the consumer. Complaints can also be submitted 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.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention is not applicable.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions deviating 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 accessed and stored by the consumer on a durable data carrier.