Algemene voorwaarden raamfolie-winkel.nl
Terms and conditions Window Foil Shop
ARTICLE 1 – DEFINITIONS
In these general terms and conditions, the following definitions apply:
Reflection: the period within which the consumer can exercise his right of withdrawal;
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;
Day: calendar:
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable 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.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur:Windowfoilshop
Distance agreement: an agreement in which, in the context of a system for the distance sale of products and/or services organised by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques of distance communication are used;
Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur having come together in the same room at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Drievoud-reclame trading under the name:
Raamfolie-winkel.nl
Windowfilmshop.com
Windowfoilshop.com
Campagneweg 11A 4761 RM Zevenbergen Holland
ARTICLE 3 – APPLICABILITY
1. These terms and conditions apply to any offer of Windowfoilshop and to any distance agreement concluded between Window Foil Shop and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed on the website of Windowfoilshop.com and that Windowfoilshop.com they will be sent free of charge as soon as possible at the request of the consumer. and that they will be sent by electronic means or otherwise free of charge at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded, how the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
ARTICLE 4 – THE OFFER
1. If an offer has a limited period of validity or will take place under different conditions, this will be explicitly stated in the offer.
2. An offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Window Foil Store displays images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Window Foil Shop. When in doubt, Windowfoilshop always advises you to request a sample first.
3. Each offer shall contain information in such a way that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular: – the price including taxes; – any costs of delivery; – the manner in which the agreement will be concluded and what actions are necessary for this purpose;
– whether or not the right of withdrawal applies; – the method of payment, delivery and performance of the contract. – the period for acceptance of the offer, or the period for within whichWindowfoilshop guarantees the price agreement; – the level of the distance communication rate if the costs of using the distance communication technique 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 formation, and if so, how it can be consulted by the consumer;
– the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him in the context of the contract; – any other languages in which, in addition to Dutch, the agreement may be concluded. – the minimum duration of the distance contract in the case of a long-term 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 fulfilment of the conditions set therein. 2. If the consumer has accepted the offer electronically, Window Foil Shop will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by Windowfoilshop, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Windowfoilshop will take appropriate technical and organizational measures to secure the electronic transfer of data and Windowfoilshop will ensure a secure web environment. If the consumer wishes to pay electronically via mollie, Windowfoilshop will observe appropriate security measures.
4. Windowfoilshop reserves the right – within legal frameworks – to inform whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, Windowfoilshop has good grounds not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution.
5. Windowfoilshop will provide the following information with the product or service to the consumer, in writing or electronically so that it can be stored by the consumer in an accessible manner on a durable data carrier.
a. the visiting address of the branch of the Window Foil shop where the consumer can go with complaints;
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 warranties and existing after-sales service;
d. the information contained in Article 4 paragraph 3 of these terms and conditions, unless Windowfoilshop has already provided this information to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the delivery time is more than 1 week.
ARTICLE 6 – RIGHT OF WITHDRAWAL
Upon delivery of products:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a responsible person designated in advance by the consumer and made known to Windowfoilshop After dissolution, the consumer has another period of 14 days for the actual return.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able 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 in the original condition and packaging to Window Foil Store, in accordance with the clear and reasonable instructions provided by Window Foil Store.
ARTICLE 7 – EXCLUSION OF THE RIGHT OF WITHDRAWAL (Consumer Law)
1. "Custom products cannot be returned."
2. Windowfoilshop may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Windowfoilshop has clearly stated this in the offer that it concerns customization, and has stated this in time for the agreement.
3. Exclusion of the right of withdrawal is only possible for products:
a. which have been created by Windowfoilshop in accordance with the consumer's specifications; b. which are clearly personal in nature; c. which, by their nature, cannot be returned; d. the price of which is linked to fluctuations in the financial market over which Windowfoilshop has no influence;
4. If the indication is shown in a cut-to-size order for an ordered product or if a single order is carried out with cut-to-size formats and is therefore manufactured very specifically for that consumer, any right of withdrawal lapses.
ARTICLE 8 – COSTS IN CASE OF WITHDRAWAL
1. If the consumer makes use of his right of withdrawal, the costs of return will be borne by him.
2. If the consumer has paid an amount, Windowfoilshop will refund this amount as soon as possible, but no later than within 14 days after the return or withdrawal, (excluding the shipping costs incurred for the first shipment).
ARTICLE 9 – THE PRIZE
1. During the period of validity 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, Windowfoilshop may or offer services whose prices are tied to fluctuations in the financial market and over which Window Foil Shop has no influence, with variable prices. This will be announced in advance in the offer.
ARTICLE 10 – CONFORMITY AND WARRANTY
Windowfoilshop guarantees that the products comply with the concluded agreement, the stated specifications, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. Windowfoilshop does not guarantee when its products are used for other than normal use.
ARTICLE 11 – DELIVERY AND EXECUTION
1. Window Foil Webshop will take the greatest possible care when receiving and executing orders for products. Deviations of up to 5 cm are allowed in excess or deficiency in the cut formats of the roll lengths and widths. These are outside our responsibility or that of the manufacturer.
2. The place of delivery shall be the address that the consumer has given to Window Foil shop.
3. With due observance of what is stated in article 4 of these general terms and conditions, Window Foil Store will execute accepted orders with due speed, unless a longer delivery period has been agreed.
Windowfoilshop tries to deliver all orders within 3 working days, if in stock. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order.
4. In case of dissolution in accordance with the previous paragraph, Windowfoilshop will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
5. If delivery of an ordered product proves impossible, Window Foil Shop will make every effort to make a replacement item available. Within 1 week it will be reported that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. 6. The goods will be delivered ex warehouse.
The products are delivered for shipment in an undamaged packaging.
We delivered for shipment in an undamaged packaging. We are therefore not responsible for defects or missing persons that may occur on the route to the addressee.
Window foil shop is not an intermediary in the event of a loss. If a customer explicitly indicates that he wants to insure the products, the products will be shipped insured at an additional cost that will be passed on to the customer. If a package is accepted damaged upon receipt, the consumer can never recover the damage from Windowfoil shop. In the event of damage, the consumer must refuse the package in order to be eligible for compensation. In the event of refusal, the consumer must also immediately indicate the reason for refusal to the courier and inform Windowfoilshop in writing or by email.
ARTICLE 12 – PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer must be paid immediately via the Window Film shop.
2. Each purchase agreement is made on account against advance payment. Or via the payment options offered by Mollie. If an invoice is desired, it will be sent by e-mail.
3. In the event of permanent non-acceptance / refusal of a shipment, i.e. a cancellation, in addition to administration costs, shipping costs will also be charged again. If an order can still be cancelled, 15% of the total amount will be charged, with a minimum of 7.50 euros administration costs. Credits will be transferred within 30 days.
4. The consumer has the obligation to report inaccuracies in the payment details provided or stated to the Windowfoil store without delay.
5. In the event of non-payment by the consumer, Windowfoilshop has the right to charge the reasonable costs made known to the consumer in advance.
ARTICLE 13 – COMPLAINTS PROCEDURE
1. Complaints about the execution of the agreement must be submitted to Windowfoilshop within a reasonable time, complete and clearly described, after the consumer has discovered the defects.
2. Complaints submitted to Windowfoilshop will be answered within a period of 8 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Windowfoilshop will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 14 – DISPUTES
Agreements between Windowfoilshop and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
ARTICLE 15 – USE
Window films / Static films / Stickers;
It is the responsibility of the user (consumer) to check before use whether the surface is suitable for applying the ordered product. Think of the type of glass, plastic or other carriers. The application of the film implies acceptance of the goods. The supplier's instructions for use must be followed at all times. The surface on which a sticker or foil is applied must be smooth, grease-free and non-porous. Walls that have been treated with wall paint should be dried for at least 2 weeks (at about 18 degrees). Walls treated with poor quality wall paint or lime can cause detachment of sticker/foil. Glass must be free of grease and dirt. Note should be taken on which type of glass is glued. For outdoor use, always mount above 15 degrees day temperature. Your glass supplier or contractor can provide you with this information.Windowfoilshop is not liable for the consequences of window breakage when unsuitable film is applied to the glass. Not even when suitable foil is applied to older glass. Older glass can show hairline cracks over time that can tear through the applied film due to the change in temperature. Not even if the film is applied incorrectly (e.g. partial sticking of the glass) Window Foil Shop is also not liable if the substrate of older plastic windows and roofs is weathered to such an extent that the film cannot build up sufficient adhesive strength on the weathered top layer and can lead to the film coming off. Window foil shop is also not liable if discoloration of goods occurs while a UV-resistant window film has been used, in addition to the UV radiation, infrared radiation also causes discoloration. Windowfoilshop is also not liable if the film used does not produce the desired result. The films have been tested in such a way that the expected effects can be guaranteed. Secondary circumstances are often the cause of these disappointing effects of the film. (e.g. poor insulation roofs, walls) Window foil shop is not liable if the film is applied incorrectly to the glass (e.g. partial sticking)
Colour deviations, on the one hand between the different production batches and on the other hand between production batches and examples in books or images on the shop or samples sent cannot give rise to complaints or refusal of the goods. No rights can be derived from calculations carried out by Windowfoilshop.
ARTICLE 16 – ADDITIONAL OR DEROGATING PROVISIONS
Retention As long as the customer has not made full payment in respect of the agreement to Windowfoilshop, the goods and/or materials remain the property of Windowfoilshop. The customer is not entitled to hand over the delivered goods or materials as referred to in the previous sentence to third parties or to pledge them as collateral, to pledge them or to remove them from the premises where they were delivered, until the entire purchase price and any associated costs have been paid in full. In the event that the customer does not comply with any obligation under the agreement, we are entitled to take back the above-mentioned goods after a reminder, in which case the agreement is dissolved without judicial intervention, without prejudice to our right to compensation for costs, damages and interest. The risk in respect of the products is transferred to the buyer at the time of delivery.
ARTICLE 17 – LIABILITY
Windowfoilshop is never obliged to pay any compensation to the customer in the execution of the agreement, other than expressly laid down in these terms and conditions. Window Foil Shop is never liable for any indirect damage such as personal accidents and/or damage to objects, machines, installations and buildings, business shutdown, delay and/or malfunction, delay in construction flow, damage to the environment or any other (business) damage for any reason or nature, unless the damage is the result of intent or gross negligence on the part of the directors or management staff of Window Foil Shop.
Window Foil Shop only delivers items from the shop, as a service provision Window Foil Shop forwards the request for quotation for installation to an assembly company in the region. This company provides this assembly service completely independently and under its own responsibility. There is no question of subcontracting and Windowfoilshop is under no circumstances liable for damage or abuses in the broadest sense of the word caused by this company. The customer is free to do business with this company.
ARTICLE 18 – FORCE MAJEURE
1. Without prejudice to the other rights to which it is entitled, in the event of force majeure, Window Foil Shop has the right, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you of this in writing and without Window Foil Shop being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
2. Force majeure is understood to mean any shortcoming that cannot be attributed to Windowfoilshop, because it is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted opinions.
ARTICLE 19 – PROCESSING OF PRIVACY DATA
In order to be able to implement the agreement, Windowfoilshop asks to provide the personal data of the consumer. In addition, Windowfoilshop can use this data to inform the consumer about its products. If the consumer does not wish to receive such information, the consumer can report this to: info@raamfolie-winkel.nl or when filling in the digital order form. The personal data will be handled with the greatest care in accordance with the General Data Protection Regulation (GDPR).