Terms and Conditions
Article 1 - Definitions
In these terms and conditions shall apply:
1. Entrepreneur: the natural or legal products and / or remote services to the consumer;
2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
3. Distance contract means an agreement whereby part of the organized system for distance selling of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
4. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area have come together;
5. Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the ability for consumers within the waiting period to see the distance contract;
7. Day calendar;
8. Duration transaction: a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
9. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
A. Akkerman trading as P.W. Akkerman B.V.
Plantation and visiting address:
Passage 15
2511 AB The Hague
Phone: 070-3462264, Monday 13:00 to 17:30, Tuesday / Friday from 09.00 t / m 17.30,
Saturday from 9.00 t / m 17.00.
E-mail: info@vulpennen.nl
Chamber of Commerce number: 27057290 The Hague
VAT identification number: NL0017.64.974.B01
Article 3 - Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
2. Before concluding a distance contract, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible without any charge.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable is.
Article 4 - The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information, that clear to the consumer what rights and obligations, to the acceptance of the offer are attached. This concerns in particular:
• the price including taxes;
• any costs of delivery;
• how the agreement will be concluded and which actions this will require;
• whether or not to apply the right of withdrawal;
• the method of payment, delivery or performance of the contract;
• the period for accepting the offer, or the period for adhering to the price;
• the level of the rate of distance communication if the cost of using the means of distance communication are calculated on a basis other than the basic rate;
• If the agreement after the adoption is filed, how these consumers to consult;
• The way in which the consumer before the conclusion of the agreement by him popular acts can get informed, and the way he can rectify these before the contract is concluded;
• the languages in which, in addition to Dutch, the contract can be concluded;
• the conduct to which the trader is subject and the manner in which the consumer can conduct electronic consult and
• the minimum duration of the distance contract in the event of a contract, including continuous or periodic delivery of products or services.
Article 5 - The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can - within the law - to inform consumers of its payment obligations, as well as all facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
5. The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, enclose:
the visiting address of the establishment of the operator where the consumer can lodge complaints;
b. the conditions and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after sales service and guarantees;
d. in Article 4 paragraph 3 of these Terms and Conditions, unless the operator this information already provided to the consumer prior to concluding the contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
6. If the entrepreneur is committed to providing a range of products or services, the provision of the preceding paragraph shall apply only to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer can cancel the contract without giving any reason to cancel within 14 working days. This period starts on the day following receipt of the product by or on behalf of the consumer.
2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use as necessary to assess whether he would prefer to retain. If he exercises his right of withdrawal, he will be the product with all accessories and - if reasonably possible - in their original condition and packaging to the Entrepreneur in conformity with the Entrepreneur's reasonable and clear instructions.
Article 6b - Right of withdrawal upon delivery of services
1. When providing services, the consumer can cancel the contract without giving any reason to cancel within 14 working days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer focus to the trader to supply and / or by delivery to area provided reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, will not exceed the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the contract refers.
2. Exclusion of the right of withdrawal is only possible for products:
a) by the entrepreneur to have been made to the consumer's specifications;
b) that are clearly personal in nature;
c) which by their nature can not be returned;
d) that rapidly decay or become obsolete;
e) whose price depends on fluctuations in the financial market outside the trader's control;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
b) the supply with the express consent of the consumer, before the period has expired;
c) relating to bets and lotteries.
Article 9 - The price
1.Gedurende in the offer validity indicated the prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
2.In Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
3.Prijsverhogingen within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4.Prijsverhogingen from 3 months after the conclusion of the contract are only permitted if the trader has agreed and:
a) they are the result of legislation or regulations, or
b) the consumer has the power to terminate at the date the increase takes effect.
5.De in the supply of products or services mentioned prices include VAT.
Article 10 - Compliance and Warranty
1. The trader guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. By the trader, manufacturer or importer as a guarantee scheme does not affect the rights and claims that consumers in respect of a breach of the obligations of the employer against the employer may make under the law and / or the distance contract.
Article 11 - Delivery and implementation
1. It will be the greatest possible diligence in receiving and in the execution of orders and products in 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. Subject to what is stated in Article 4 of these terms and conditions, the company accepted orders expeditiously but within 30 days, unless a longer delivery has been agreed. If the delivery is delayed, 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. The consumer in this case the right to cancel the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after repudiation.
5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item available. Before the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The cost of return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products until the moment of delivery to the consumer by the trader, unless otherwise expressly agreed.
Article 12 - Duration Transactions
1. The consumer may contract for indefinite always denounce the applicable termination rules and a notice not exceeding one month.
2. A contract for a definite period has a maximum duration of two years. If it is agreed that the silence of the consumer distance contract will be renewed, the contract will be continued as a contract for an indefinite period and will continue after the notice of the agreement up to a month.
Article 13 - Payment
1. Unless subsequently agreed by the consumer amounts to be paid within fourteen days after delivery of the goods or in the case of a contract to provide a service, within 14 days after issuance of the documents relating to this.
2. When selling products to consumers in terms never a prepayment of more than 50% are stipulated. If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the advance payment has been made.
3. The consumer has the duty to inaccuracies in the supplied or specified payment immediately to the entrepreneur.
4. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.
Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints and resolve the complaint under the complaints procedure.
2. Complaints about the execution of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. When the trader complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 14 days responded with a message confirming receipt and indicating when the consumer can expect a more detailed answer.
Article 15 - Additional or different terms
Additional or different provisions of these terms should not disadvantage the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.