Article 1 – Definitions.
In these terms and conditions, the following definitions shall apply:
- Entrepreneur : the natural or legal person and products and / or services at a distance to
- Consumer : the natural person not acting in the exercise of profession or business and
Enters into a distance contract with the Entrepreneur;
- Distance contract : an agreement whereby, within the framework of a by the entrepreneur
System organized by the entrepreneur for distance selling of products and / or services, up to and including the
conclusion of the agreement exclusive use is made of one or more techniques for
- Technique for distance communication : means that can be used for concluding
an agreement, without the consumer and entrepreneur being in the same room simultaneously
- Grace period : the period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal : the possibility for the consumer to renounce to
the distance contract;
- Day : calendar day;
- 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 : every means that enables the consumer or entrepreneur to
information that is addressed to him personally, to store in a way that future
future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Divi.deals part of MediaRBLZ
Address: Oude Prinsenweg 1a, 3881 PJ Putten – The Netherlands
Phone number: +850604434
E-mail address: firstname.lastname@example.org
VAT identification number: VAT NL003261330B12
Article 3 – Applicability
- These general conditions apply to every offer of the entrepreneur and to every
concluded at a distance between entrepreneur and consumer.
- Before the remote agreement is concluded, the text of these general
conditions is made available to the consumer. If this is not reasonably possible
Before the remote agreement is concluded, it will be indicated that the general
conditions at the entrepreneur to see and they are at the consumer’s request as soon as possible
be sent free of charge as soon as possible.
- If the distance contract is concluded electronically, notwithstanding the previous
paragraph and before the remote agreement is concluded, the text of these general
terms and conditions electronically to the consumer be made available in
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 contract is concluded, will indicate where the general
conditions electronically can be viewed and that at the request of the consumer they
consumer electronically or otherwise will be sent free of charge.
- In case in addition to these general conditions also specific product or
- Where specific product or service conditions apply in addition to these general
In case of conflicting general terms and conditions the consumer can always refer to the applicable provision
rely on the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer has a limited validity or is made subject to conditions, this will be
This will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the offered products
and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
offer by the consumer as possible. If the entrepreneur uses
images are a true reflection of the products and / or services offered.
services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations
obligations which are attached to the acceptance of the offer. This concerns in particular
o the price including taxes;
o any costs of delivery;
o the way in which the agreement will be concluded and which actions are necessary for this;
o whether or not the right of withdrawal is applicable;
o the method of payment, delivery or performance of the agreement;
o the period for accepting the offer, or the period for adhering to the price
o the height of the tariff for distance communication if the costs of using the
technique for distance communication are calculated on a basis other than the
o if the contract is archived after its conclusion, in what way it can be consulted by the
consumer to consult;
o the manner in which the consumer before the conclusion of the agreement by him not wanted
o the way in which the consumer can become aware of actions he did not want to take and the way he can remedy this before the
the conclusion of the agreement;
o any languages other than Dutch in which the agreement can be concluded;
o the codes of conduct to which the trader is subject and the manner in which the consumer may
consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in case of a contract that involves
continuous or periodic delivery of products or services.
Article 5 – The agreement
- The agreement comes about, subject to the provisions of paragraph 4, at the moment
of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.
- If the consumer has electronically accepted the offer, the
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer.
offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the
dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to protect the electronic transfer of data and ensure a secure web environment.
he ensures a secure web environment. If the consumer can pay electronically, the
entrepreneur will observe appropriate security measures to this end.
- The entrepreneur will include with the product or service to the consumer the following information, in writing
or in such a way that the consumer can accessibly
stored on a durable data carrier:
o the visiting address of the establishment of the entrepreneur where the consumer can go with complaints
can go to
o the conditions under which and the way in which the consumer can make use of the right of withdrawal
or a clear statement about the exclusion of the right of withdrawal;
o the information on existing after-sales services and guarantees;
o the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already
data already provided to the consumer before the execution of the agreement;
o the requirements for terminating the agreement if the agreement has a duration of
more than one year or is of indefinite duration.
- If the entrepreneur has undertaken to deliver a series of products or
services, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal on delivery of services
- In case of delivery of services, the consumer has the possibility of dissolving the agreement without giving reasons
In case of delivery of services, the consumer has the option of dissolving the agreement without giving reasons during fourteen days, starting on the day of entering into the agreement.
- In order to make use of his right of withdrawal, the consumer will focus on the by the entrepreneur
entrepreneur in the offer and / or no later than the delivery provided reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
- If the consumer uses his right of withdrawal, at most the cost of
return at his expense.
- The entrepreneur will reimburse all payments received from the consumer, including,
if applicable, the delivery costs, immediately and in any case within 14 days after the day on which
it is informed of the consumer’s decision to cancel the contract.
- The entrepreneur shall make the refund using the same means of payment as
that was used by the consumer during the original transaction, unless the
consumer has expressly agreed to another means of payment and on the understanding that
the consumer may not incur any costs as a result of such repayment.
- The additional costs resulting from the consumer’s express choice to opt for a
other mode of delivery than the cheapest offered by the business
standard delivery, shall not be refunded by the entrepreneur.
- Unless the company has offered to collect the goods itself, the
company, in the context of sales contracts, wait to make a refund until it has
has recovered all the goods, or until the consumer has proved that he has returned the
returned the goods, whichever comes first.
Article 8 – Exclusion of right of withdrawal
- If the consumer does not have a right of withdrawal, this may only be
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly in the offer, at least in time for the
the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for:
service contracts after full performance of the service if the performance has
begun with the express prior consent of the consumer, and provided that the
consumer has acknowledged that he loses his right of withdrawal as soon as the company has
contract has been fully performed;
the supply or provision of goods or services whose price is subject to
fluctuations in the financial market over which the company has no influence and
which may occur within the withdrawal period;
the delivery of goods manufactured to the consumer’s specifications, or which are
are clearly intended for a specific person;
the supply of goods that spoil quickly or have a limited shelf life;
the supply of sealed goods which are not suitable to be returned
for reasons of health protection or hygiene and whose seal has been broken after the
delivery has been broken;
the supply of goods which after delivery are by their nature irrevocably mixed with
the delivery of alcoholic beverages whose price has been agreed upon at the conclusion
of the sales contract, but whose delivery can only take place after 30
days, and whose actual value depends on fluctuations in the market
over which the company has no control;
contracts where the consumer has specifically requested the company to visit him
visit him to carry out urgent repairs or maintenance there; however, when
the firm provides additional services during such a visit which the
consumer has not expressly requested, or provides goods other than
spare parts necessarily used to carry out the maintenance or repairs
carried out, the right of withdrawal shall apply to those additional services or goods
the supply of sealed audio and sealed video recordings and sealed
computer software whose seal has been broken after delivery;
the supply of newspapers, periodicals or magazines, with the exception of contracts
for a subscription to such publications;
contracts concluded at a public auction;
the provision of accommodation other than for residential purposes, transport,
car rental services, catering and leisure services, if
the contracts provide for a specific date or period of performance;
the supply of digital content not supplied on a tangible medium, if the
performance has begun with the express prior consent of the consumer
and provided that the consumer has acknowledged that he thereby loses his right of withdrawal;
contracts for betting and lottery services.
Article 9 – The prize
- During the validity period stated in the offer, the prices of the offered
products and/or services are not increased, except for price changes due to changes in
changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are
are subject to fluctuations in the financial market and on which the entrepreneur has no influence.
has no influence on, with variable prices. This link to fluctuations and the fact
that any prices mentioned are target prices shall be mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only
allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed
allowed if the entrepreneur has stipulated it and:
o they are the result of legal regulations or stipulations; or
o the consumer is authorized to terminate the contract on the day on which the price
price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 10 – Compliance and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement,
the specifications stated in the offer, to the reasonable requirements of reliability and/or
usability and the existing legal provisions and/or government regulations on the date of conclusion of the contract.
statutory provisions and/or government regulations.
- An arrangement offered as a guarantee by the trader, manufacturer or importer does not detract
the rights and claims that the consumer has in respect of a shortcoming in the performance of the obligations of
obligations of the entrepreneur against the entrepreneur can assert on the basis of
the law and / or the distance contract.
Article 11 – Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and
receiving and in the execution of orders of products and in the assessment of requests to provide services.
for the provision of services.
- The place of delivery is the email address that the consumer has made known to the company.
made known to the company.
- Subject to what is stated in article 4 of these general conditions,
the company will execute accepted orders expeditiously but at the latest within 2 days
unless a longer delivery period has been agreed. If delivery is delayed, or if an
experienced, or if an order is not or only partially carried out,
the consumer receives them no later than one month after the order was placed.
notice. The consumer in that case has the right to terminate the contract without cost
dissolve the contract, to request an equivalent replacement product, or to obtain possible damages.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer
paid as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery
clear and comprehensible manner that a replacement article is delivered. At
replacement articles, the right of withdrawal cannot be excluded. The costs of
return shipment shall be borne by the entrepreneur.
- The risk of damage and / or loss of products rests until the time of
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer, unless otherwise expressly agreed.
Article 12 – Duration transactions
- The consumer may contract for an indefinite period at any time
- The consumer may terminate an agreement that has been entered into for an indefinite period of time at any time, subject to the applicable termination rules and a
notice of up to one month.
- An agreement entered into for a definite period has a maximum term of two years.
If it is agreed that in case of silence of the consumer the distance contract will be
be extended, the agreement will be continued as an agreement for an
indefinite period and the notice period after continuation of the agreement will not exceed one
Article 13 – Payment
- To the extent not subsequently agreed by the consumer amounts due
be paid immediately upon checkout for delivery of the goods or in case of
an agreement to provide a service.
- When selling products to consumers, general terms and conditions may stipulate partial
or full advance payment may be stipulated (during the withdrawal period). When
advance payment is stipulated, the consumer may not assert any rights regarding the
execution of the relevant order or service(s) before the stipulated advance payment has been made.
has taken place.
- The consumer has the duty to inaccuracies in payment data provided or mentioned
- The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the entrepreneur. In case of default of payment by the consumer, the
subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs previously communicated to the consumer.
reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles
the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be within reasonable time, fully and
clearly described and submitted to the entrepreneur, after the consumer has found the defects.
- Complaints submitted to the entrepreneur within a period of 14 days from the date of receipt.
the date of receipt. If a complaint is a foreseeable longer processing time
If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice
receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement a dispute arises that is susceptible
for the dispute settlement. The consumer can appeal to
the consumer ombudsman service. The consumer has the possibility to request
for mediation via the Belmed platform of the Federal Public Service Economy.
- The consumer may at any time submit a complaint online to the European Commission
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general
conditions are subject to Dutch law.
Article 16 – Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the
to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can easily understand them.
way that they can be stored by the consumer in an accessible way on a durable data carrier.
a durable medium.
Article 17 – Amendments to the general terms and conditions
Amendments to these terms and conditions are only effective after they have been published in the appropriate
provided that, in case of applicable changes during the duration of an offer, the most
the most favorable provision for the consumer shall prevail.