Terms

Table of contents

• Article 1 – Definitions
• Article 2 - Identity of the entrepreneur
• Article 3 – Applicability
• Article 4 - The offer
• Article 5 - The Treaty
• Article 6 – Right of withdrawal
• Article 7 - Costs in case of revocation
• Article 8 - Exclusion of the right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and warranty
• Article 11 - Delivery and execution
• Article 12 - Continuing transactions: duration, termination and renewal
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes
• Article 16 - Additional or different provisions

Article 1 - Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
2. consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing business: a distance contract for a set of products and/or services whose obligation to supply and/or purchase extends over time;
5. Durable medium: any means that enables the consumer or trader to store information addressed to him personally in such a way as to allow future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Sample form: the model withdrawal form provided by the entrepreneur and which a consumer can fill in if he wishes to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
9. Distance contract: a contract in which only one or more distance communication techniques are used within the framework of a system organised by the entrepreneur for the distance sale of products and/or services up to and including the conclusion of the contract;
10. Distance communication technology: means that can be used to conclude an agreement without consumers and traders having come together in the same room at the same time.
11. General Terms and Conditions: these General Terms and Conditions of Sale of the Entrepreneur.

Article 2 - Identity of the entrepreneur

Spartamet-onderdelen.nl

Duivelandstraat 4

3161BB Rhoon

Phone number: +31 653 139 201

Email address: jhcvaal@kabelfoon.nl
Chamber of Commerce number: 24365772
VAT identification number: NL001470795B23

Article 3 - Applicability

1. These General Terms and Conditions apply to any offer made by the Entrepreneur and to all distance contracts and orders concluded between the Entrepreneur and the Consumer.
2. Before concluding the distance contract, the text of these General Terms and Conditions is made available to the consumer. If this is not reasonably possible, it is pointed out before the conclusion of the distance contract that the general terms and conditions will be viewed by the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If, by way of derogation from the preceding paragraph, the distance contract is concluded by electronic means and before the conclusion of the distance contract, the text of these General Terms and Conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonable, it is pointed out before the conclusion of the distance contract that the general terms and conditions can be accessed electronically and that they will be sent free of charge by electronic means or otherwise at the request of the consumer.
4. In the event that specific product or service 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.
5. If at any time one or more provisions of these General Terms and Conditions of Sale are or are declared null and void, in whole or in part, the contract and these General Terms and Conditions of Sale shall remain in force and the provision in question shall be replaced immediately, by mutual agreement, by a provision that is as close as possible to the content of the original.
6. Situations not regulated by these Terms and Conditions must be judged "by the spirit" of these Terms and Conditions.
7. Any ambiguity about the interpretation or content of one or more provisions of our Terms and Conditions must be construed "in the spirit" of these Terms and Conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, it is a truthful representation of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.
5. The images attached to the products faithfully represent the products offered. The Contractor cannot guarantee that the displayed colors will exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular:
• the price including taxes;
• the possible cost of shipping;
• the way in which the contract is concluded and what measures are required to achieve it;
• whether the right of withdrawal applies or not;
• the method of payment, delivery and execution of the contract;
• the deadline for accepting the offer or the deadline within which the entrepreneur guarantees the price;
• the amount of the fee for distance communication, if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
• whether the contract is archived after it has been concluded and, if so, at what point in time it can be consulted by the consumer;
• the way in which the consumer can check and, if desired, correct the data provided by him under the contract before entering into the contract;
• any other languages in which the contract may be concluded in addition to Dutch;
• the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum term 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 contract shall be concluded at the time of acceptance of the offer by the consumer and the fulfilment of the conditions set out therein.
2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of the acceptance of the offer by electronic means. As long as the consent to this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the Entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can find out - within the legal framework - whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has valid reasons not to conclude the contract, he is entitled to refuse an order or an application or to attach special conditions to its execution, stating reasons.
5. With the product or service, the entrepreneur sends the consumer the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
• the visiting address of the trader's establishment, to which the consumer can turn with complaints;
• the conditions under which and in what way the consumer can exercise his right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
• information about warranties and existing after-sales service;
• the information contained in Article 4(3) of these General Terms and Conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
• the conditions for the termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the regulation of the preceding paragraph applies only to the first delivery.
7. Each contract is concluded subject to conditions precedent of sufficient availability of the products in question.

Article 6 - Herroepingsrecht

On delivery of the products:

1. When purchasing products, the consumer has the option of terminating the contract for a period of 14 days without giving reasons. This cooling-off period begins on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and notified to the entrepreneur.
2. During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able to judge whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and, as far as reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions of the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the product. The consumer must announce this by means of the model form or by means of another means of communication, such as e-mail. Once the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of postage.
4. If, after the expiry of the deadlines referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In the case of the provision of services:

1. In the case of the provision of services, the consumer has the option of terminating the contract without giving reasons for at least 14 days, starting from the day of conclusion of the contract.
2. In order to exercise his right of withdrawal, the consumer must follow the reasonable and clear instructions given by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of revocation

1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of the complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer specifically authorizes another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in the value of the product.
4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all the information required by law on the right of withdrawal, this must be done before concluding the purchase contract.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
2. An exclusion of the right of withdrawal is only possible for products:
• determined by the trader in accordance with the consumer's specifications;
• which are clearly personal in nature;
• which by their nature cannot be returned;
• which can spoil or age quickly;
• the price of which is linked to fluctuations on the financial market over which the entrepreneur has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygiene products for which the consumer has broken the seal.
3. An exclusion of the right of withdrawal is only possible for services:
• To carry out accommodation, transportation, restaurant, business or leisure activities on a specific date or during a specific period;
• the delivery of which has commenced before the end of the cooling-off period with the express consent of the consumer;
• Betting and lotteries.

Article 9 - The price

1. During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
2. By way of derogation from the preceding paragraph, the Entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and over which the Entrepreneur has no influence, with variable prices. This fact that prices are subject to fluctuations and the fact that the prices quoted are indicative prices are indicated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permissible if they result from legal rules or regulations.
4. Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has determined this and:
• they result from legal provisions or regulations; or
• The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices mentioned in the product or service offer include VAT.
6. All prices are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to supply the product at the wrong price.

Article 10 - Conformity and warranty

1. The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications specified in the offer, the reasonable requirements for solidity and/or usability and the legal and/or official regulations in force at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty granted by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
3. The legal warranty applies to all products. The duration of the legal warranty may vary depending on the type of product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
5. The warranty does not apply if:
• the consumer has repaired and/or processed the supplied products himself or had them repaired and/or processed by a third party;
• the delivered products have been subjected to abnormal conditions or have otherwise been handled negligently, or have violated the instructions of the entrepreneur and/or have been treated on the packaging;
• The defectiveness is wholly or partly the result of regulations that the government has issued or will impose in relation to the type or quality of the materials used.

Article 11 - Delivery and execution

1. The Entrepreneur will exercise the greatest possible care in the receipt and execution of product orders and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. In compliance with the provisions of paragraph 4 of this article, the Company will execute the accepted orders with the necessary speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to contractual compensation.
4. All delivery times are approximate. The consumer cannot derive any rights from the aforementioned periods. Exceeding a deadline does not entitle the consumer to contractual compensation.
5. In the event of termination pursuant to paragraph 3 of this Article, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but no later than within 14 days after the termination.
6. If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return are borne by the entrepreneur.
7. The risk of damage and/or loss of products lies with the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and notified to the Entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing transactions: duration, termination and renewal

Termination

1. The consumer may terminate a contract concluded for an indefinite period of time and which serves the regular supply of products (including electricity) or services at any time, in compliance with the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract concluded for a certain period of time and which provides for the regular supply of products (including electricity) or services at any time until the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may conclude the contracts referred to in the preceding paragraphs:
• terminable at any time and not limited to termination at any time or period;
• denounce them at least in the same way as they have received from him;
• always terminate with the same notice period that the entrepreneur has set for himself.

Extension

1. A contract concluded for a certain period of time and which has as its object the regular supply of products (including electricity) or services cannot be tacitly renewed or extended for a specific period.
2. Contrary to the preceding paragraph, a contract concluded for a certain period of time and aimed at the regular delivery of daily, news, weekly and periodical magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended contract at the end of the renewal with a notice period of no more than one month.
3. A contract concluded for a specified period of time and which has as its object the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer is entitled to terminate at any time with a notice period of not more than one month and a notice period of not more than three months,  if the contract is aimed at the agreed, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines for launch (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Expensive

1. If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins to run after the consumer has received the confirmation of the contract.
2. The consumer is obliged to report any inaccuracies in the payment data provided or provided to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to the legal restrictions, to charge the reasonable costs announced to the consumer in advance.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently well-known complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur within 2 months after the consumer discovers 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 foreseeably longer processing time, the entrepreneur responds within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
5. In the event of complaints, a consumer should first contact the entrepreneur. If the webshop is connected to WebwinkelKeur and in case of complaints that cannot be resolved amicably, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which mediates free of charge. Check via https://www.webwinkelkeur.nl/ledenlijst/ if this webshop has a current membership. If a solution is still not found, the consumer has the option of having his complaint dealt with by the independent dispute resolution committee appointed by WebwinkelKeur, whose decision is binding and which both entrepreneur and consumer agree with this binding decision. Filing a dispute with this dispute resolution committee involves costs that must be paid by the consumer to the relevant committee. 
6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states otherwise in writing.
7. If the Entrepreneur has found a complaint to be well-founded, the Entrepreneur will replace or repair the delivered products free of charge at its own discretion.

Article 15 - Disputes

1. Contracts between the entrepreneur and the consumer to which these General Terms and Conditions refer are exclusively subject to Dutch law. Even if the consumer lives abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or different provisions

Any additional terms or provisions that deviate from these Terms and Conditions shall 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 medium.