These Terms and Conditions have entered into force from January 2019.
Article 1 Definitions
For the following conditions:
"Purchase agreement" means a purchase agreement in which you buy products remotely (such as via the webshop, by telephone or e-mail) and these products are delivered by us (or by a third party);
"you" means a consumer (natural person) who does not act in the context of a commercial, business, crafts or professional activity;
"Right of withdrawal" means your ability to waive the Purchase Agreement within the cooling-off period; "we" means the natural or legal person who offers the products to you remotely;
"Model form for withdrawal" means the European Draft Certificate for Withdrawal set out in Annex I to these conditions;
Article 2 Who are we
Hopperpiston Street 7A
1333 HB Almere
Phone number: 036 5245561
Email address: info@Procartech.nl
KvK number: 60626259
Article 3 Applicability
- 3.1 These terms and conditions apply to any offer from us and to any purchase agreement concluded with you.
- 3.2 Before you buy from us, we will bring these terms and conditions and any specific product conditions to your attention. We must do so in such a way that you can download, print and store these terms and conditions.
- 3.3 Where the terms and conditions and specific product or service conditions are contrary to each other, you may invoke the applicable provision that is most beneficial to you.
Article 4 The offer
- 4.1 If a product is only available temporarily or under certain conditions, it is clearly stated on the product page.
- 4.2 The product page contains a full and accurate description of the products offered. The description is sufficiently detailed so that you can properly assess the product. If we use images, they must be truthful.
- 4.3 Each product page must be so clear that it is clear to you what your rights and obligations are when purchasing the product.
- 4.4 We are just not bound by mistakes or errors on the product page, if it is obvious to you that this is a mistake or error.
Article 5 The Purchase Agreement
- 5.1 The Purchase Agreement is established when you have accepted the purchase of the product and its terms.
- 5.2 After the conclusion of the Purchase Agreement, we will send you an email receipt immediately.
- 5.3 We ensure that you can order and pay securely and we ensure sufficient technical and organizational security of all (personal) data.
- 5.4 Apart from our other legal information obligations, we will send you the following information in writing no later than when the product is delivered: a. our visiting address where you can contact you with complaints;
b. the conditions under which and how you may exercise the Right of Withdrawal, or a clear notification if the Right of Withdrawal is excluded;
c. information on warranties and existing post-purchase service;
(d) the price including all taxes on the product; the cost of delivery; the method of payment, delivery or implementation of the Purchase Agreement;
e. if you have a Right of Withdrawal, the Revocation Model Form.
Article 6 Right of withdrawal
- 6.1 You can revoke a Purchase Agreement with a cooling-off period of at least 14 days without giving reasons. We may ask you about the reason for revocation, but you do not need to answer.
- 6.2 The cooling-off period starts on the day after you, or a third party you have appointed:
received the product; Or
if you have ordered several products in the same order: the day on which you, or a third party you have received, receive the last product;
if the supply of a product consists of several consignments or components: the day on which you, or a third party you have received, receive the last shipment or the last part;
in the case of agreements for regular delivery of products for a certain period of time: the day on which you, or a third party you have received, receive the first product.
Your obligations during the cooling-off period
- 7.1 During the cooling-off period, you must carefully deal with the product and packaging. You may only unpack or use the product if necessary to determine the nature, characteristics and operation of the product. The starting point here is that you can only use and inspect the product as you should in a store.
- 7.2 If you do not handle the product carefully, as set out in paragraph 1, and the product is damaged as a result, you will be liable for the depreciation of the product.
- 7.3 You are not liable for the depreciation of the product if we have not provided you with all legally required information about the Right of Withdrawal before or when the Purchase Agreement is concluded.
Article 8 Exercise of the Right of Withdrawal by you and its costs
- 8.1 If you use your legal Right of Withdrawal, please notify us within the time frame of reflection by means of the Revocation Model Form or in any other unambiguous manner.
- 8.2 You return the product, or give the product to (an authorized representative of) us, within 14 days of the withdrawal.
- 8.3 You return the product with all accessories supplied, as much as possible in original condition, packaging and according to the reasonable and clear instructions we provide.
- 8.4 The risk and burden of proof for the proper and timely exercise of the Right of Withdrawal lies with you.
- 8.5 You bear the direct cost of returning the product, unless we have not reported that you must bear these costs or if we bear these costs ourselves.
Article 9 Our obligations in the case of withdrawal
- 9.1 If you notify us that you wish to use the Revocping Right, we will send you an email receipt immediately after this notification.
- 9.2 If you notify within 14 days of receipt of the products that you wish to use your Right of Withdrawal, we will reimburse all payments made by you within 14 days of your notification including any delivery costs. If we offer to pick up the product ourselves, we may wait until we receive the product or until you prove that you have returned the product.
- 9.3 We use the same means of payment as you have used for refund, unless you agree to a different payment method. The refund is free of charge for you.
- 9.4 If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to pay back the additional costs for the more expensive method.
Article 10 Exclusion Right of withdrawal
We may exclude the following products from the Right of Withdrawal if we clearly mention this on the product page:
- Products manufactured according to your specifications, which are not manufactured and manufactured based on your individual choice or decision, or which are clearly intended for a specific person.
- Products whose price is tied to fluctuations in the financial market on which we have no influence and which may occur within the withdrawal period;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which are not suitable for return for reasons of health protection or hygiene and whose sealing has been broken after delivery;
- Products which, by their very nature, are irrevocably mixed with other products after delivery;
- Alcoholic beverages whose price has been agreed upon at the conclusion of the Purchase Agreement, but whose supply can only take place after 30 days, and whose actual value depends on fluctuations in the market on which we have no influence;
- Sealed audio, video recordings and computer software, the sealing of which was broken after delivery;
- Newspapers, magazines or magazines.
Article 11 The price
- 11.1 During the period of validity of the offer mentioned on the product page, the prices of the products offered shall not be increased unless a price change is necessary as a result of changes in VAT rates.
- 11.2 We may offer products whose prices are tied to fluctuations in the financial market and which we have no influence on with variable prices. This is listed in the offer.
- 11.3 The prices listed on the product page include VAT.
Article12 Compliance Purchase Agreement Extra Warranty
- 12.1 We ensure that the products comply with the Purchase Agreement and the specifications listed on the product page. We also ensure that the products comply with the reasonable requirements of soundness and/or usability, the legal provisions and/or government regulations and any agreements made with you on other than normal use.
- 12.2 An additional guarantee means any commitment made by us, our supplier, importer or producer in which they grant certain rights or claims to you that go beyond what is legally required, in case we fail to comply with our part of the Purchase Agreement.
- 12.3 An additional guarantee never limits your legal rights and claims.
Article 13 Delivery
- 13.1 We take the utmost care in the implementation of the Purchase Agreement and the delivery of the products.
- 13.2 We deliver the product to the address you have passed on to us.
- 13.3 We will deliver the products as soon as possible and within 30 days at the latest. We can agree with you a different delivery period.
- 13.4 If delivery is delayed or an order cannot be executed or only partially executed, you will receive a message as soon as possible, no later than 30 days after you have placed the order. In that case, you have the right to terminate the Purchase Agreement at no cost.
- 13.5 After dissolution as referred to in the previous paragraph, we will pay back the amount you paid immediately.
- 13.6 The risk of damage and/or disappearance of products rests with us until the time of delivery to you or to a representative appointed and informed to us in advance, unless otherwise agreed.
Article 14 Payment
14.1 You pay the amounts due within 14 days of the start of the cooling-off period, unless otherwise provided in the Purchase Agreement. If a cooling-off period is missing, you will pay the
amounts within 14 days of the conclusion of the Purchase Agreement, unless otherwise provided in the Purchase Agreement.
- 14.2 You should not be required to pay more than 50% in advance. If a prepayment has been negotiated, you cannot assert justice regarding the execution of the relevant order, before the negotiated prepayment has taken place.
- 14.3 You are required to report inaccuracies in payment details provided or listed directly to us.
- 14.4 If you do not meet your payment obligation(s) in good time, we must alert you to the late payment and grant you a period of 14 days to comply with your payment obligations. If you do not pay within this 14-day period, you also owe the legal interest on the amount due. We may then charge you out-of-court collection fees. These collection fees are maximum: 15% on outstanding amounts up to € 2,500,=; 10% over the following € 2,500,= and 5% over the next € 5,000,= with a minimum of € 40,=. We may deviate to your advantage from these amounts and percentages.
Article 15 Complaints scheme
- 15.1 Complaints about the implementation of the Purchase Agreement should be submitted to us as soon as possible after you have identified the deficiencies.
- 15.2 We reply to our complaints within 14 days of receipt. If we need a longer processing time, we will confirm within 14 days that we have received the complaint and give an indication to you when you can expect a more detailed response.
Article 16 Disputes
- 16.1 Only Dutch law applies to purchase agreements concluded between you and us to which these terms and conditions relate.
- 16.2 If the complaint cannot be resolved by mutual agreement, the Dutch court of the district where the legal contract is situated, or the competent judge of the district in which you live, is competent to hear of the dispute.
Article 17 Amendments and additions to terms and conditions
- 17.1 Amendments to these terms and conditions shall apply only after they have been published appropriately. If these changes apply to you during the term of an offer, the most favourable provisions apply to you.
- 17.2 Additional or different provisions may not be to your detriment. These must be recorded in writing and may be stored by you.
Annex I: Model form for revocation Model form for revocation
(fill out and return this form only when you wish to revoke the agreement)
- – To: [ seller's name] [ seller's geographical address][ fax number seller, if available] [ email address or electronic address of seller]
- – I/We* share/share* you hereby, that I/we* revoke/revoke our agreement on the sale of the following products: [product designation]**
- – Ordered on*/received on* [product receipt date]
- – [Consumer Name(s)]
- – [Consumer address(s)]
- – [Consumer Signature(s)] (only when this form is submitted on paper)* Go through what does not apply or fill out what applies.
Article 18 Kieskeurig.nl
The entrepreneur is in favour of the products and/or services complying with the agreement, the
specifications listed in the offer, the reasonable requirements of soundness and/or usability and the specifications listed on the date
existing legal provisions and/or government rules.