La Boule general conditions

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 right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and Warranty
• Article 11 - Delivery and execution
• Article 12 - Duration Transactions: Cancellation, Renewal and Duration
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information .
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance agreement: an agreement in which exclusive use is made in the context of a system for distance selling of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement. of one or more techniques for remote communication;
9. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

 

Article 2 - Identity of the entrepreneur

Company: La Boule B.V.
Address: Barteljorisstraat 44-46
Phone number: +31 235329583
Email address: laboule.online.nl
Chamber of Commerce number: 34083957
VAT identification number: NL811978412B01

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is the consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. /li>
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that applies to him in the event of conflicting general terms and conditions. is most beneficial.

 

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
4. The price includes taxes;
5. The possible costs of delivery;
6. Whether or not the right of withdrawal applies;
7. The method of payment, delivery and execution of the agreement;
8. The term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
9. The amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
10. The way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
11. Any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
12. The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
13. The minimum duration of the distance contract in case of a duration transaction.

 

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
3. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
• a) There is no visiting address for consumers of La Boule Online, communication is exclusively by email or telephone.
• b) The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• c) The information about guarantees and existing after-sales service;
• d) The information included 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;

 

Article 6 - Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. 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 assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

On delivery of services:

1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least fourteen days, commencing on the day of entering into the agreement.

2. To make use of his right of withdrawal, the consumer will refer to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.< /p>  

Article 7 - Costs in case of withdrawal< /p>

1. If the consumer makes use of his right of withdrawal, the costs of the shipment (outward) and return are at the most for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

 

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement. /li>
2. Exclusion of the right of withdrawal is only possible for products:
• a) that have been established by the entrepreneur in accordance with the consumer's specifications;
• b) that are clearly personal in nature;
• c) which by their nature cannot be returned;
• d) that can spoil or age quickly;
• e) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• f) for individual newspapers and magazines;
• g) for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
• a) concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
• b) the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
• c) regarding betting and lotteries.

 

Article 9 - The price

1. 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 as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. The prices mentioned in the offer of products or services include VAT.

 

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing on the date of the conclusion of the agreement. legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

 

Item 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing 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 company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration Transactions: Cancellation, renewal and duration

Cancellation

1. The consumer can enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity)  or services, at all times with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can enter into an agreement that has been entered into for a definite period of time and which extends to the regular delivery of products (including electricity)  or services, terminate at all times towards the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can accept the agreements referred to in the previous paragraphs:
• a) cancel at any time and not be limited to cancellation at a specific time or period;
• b) at least denounce in the same way as they entered into by him;
• c) always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. An agreement for certain  time has entered into and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a certain period.
2. Notwithstanding the previous paragraph, an agreement that is for certain  time  and which extends to the regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for a fixed period of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a maximum notice period one month.
3. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period. of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription)  will not be continued tacitly and will automatically end at the end of the trial or introductory period.

 Expensive

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 of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed period. expensive.

 

Item 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid when entering into the transaction, in this case when ordering an item offered by the entrepreneur.
2. In the event of non-payment 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

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement.

 Article 15 - Disputes

1. On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies.

Article 16 - Additional or different provisions

1. Additional provisions or provisions that 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 they can be stored by the consumer in an accessible manner on a durable data carrier.