Article 1 – Definitions.
In these terms and conditions, the following definitions shall apply:
- Complementary agreement: an agreement whereby the consumer acquires products, in related to a distance contract and these items are delivered or by a third party based on an agreement between that third party and the entrepreneur;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Contract for an indefinite period of time: an agreement for the regular delivery of goods during a certain period of time;
- Distance contract: an agreement that is concluded between the entrepreneur and the consumer concluded in the context of an organized system of distance selling of products, in which, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more remote communication techniques;
- Durable medium: any device – including e-mail – that the consumer or entrepreneur to store information addressed to him personally on a way that future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that unaltered reproduction of the stored information enables;
- Entrepreneur: the natural or legal person offering products to consumers at a distance;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the possibility of the consumer to waive the remote agreement;
- Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be in the same room at the same time have come together.
Article 2 – Identity of the entrepreneur.
Indian Books holding office in Zoetermeer;
Email address: email@example.com
Chamber of Commerce number: 89902440
Article 3 – Applicability.
- These general terms and conditions apply to every offer of the entrepreneur and to every up to established remote agreement between entrepreneur and consumer.
- Before the remote agreement is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the entrepreneur before the distance contract is concluded, indicate the manner in which the general terms and conditions are available for inspection at the entrepreneur’s premises and that, at the consumer’s request, they are as be sent free of charge as soon as possible.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions 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, before the remote agreement will is concluded, indicate where of the general conditions electronically may be inspected and that, at the consumer’s request, they may be inspected electronically or on otherwise will be sent free of charge.
- In case in addition to these general conditions, specific product conditions of apply, the second and third paragraphs shall apply equally and the consumer may always rely, in the event of conflicting terms and conditions, on the applicable provision governing most favorable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, it shall be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow proper evaluation of the offer by the consumer as possible. If the entrepreneur uses images, they are a truthful representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer shall contain such information that it is clear to the consumer what rights and obligations attached to the acceptance of the offer.
Article 5 – The agreement.
- The agreement, subject to the provisions of paragraph 4, comes into effect at the time of consumer’s acceptance of the offer and compliance with the accompanying conditions.
- If the consumer has accepted the offer electronically, the entrepreneur confirms immediately electronically receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been acknowledged by the entrepreneur, the consumer may accept the dissolve agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure for a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures for this purpose.
- The entrepreneur shall, no later than upon delivery of the product, provide in writing or in such a way that this can be stored by the consumer in an accessible manner on a durable data carrier, provide:
- The conditions under which and the manner in which the consumer of the right of withdrawal may use, or a clear notification regarding being excluded from the right of withdrawal;
- The information about warranties and existing service after purchase;
- The price including all taxes of the product; to the extent applicable, the cost of delivery; and the method of payment, delivery or performance of the contract on distance;
- If the consumer has a right of withdrawal, the manner in which it can be invoked.
- In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 – Compliance with the agreement and additional warranty.
- The entrepreneur guarantees that the products comply with the agreement, the in the offer specifications listed, to the reasonable requirements of soundness and/or usability and the specifications listed on the date of the formation of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims the consumer has under the agreement against the entrepreneur can assert if the entrepreneur has failed in the performance of its part of the contract.
- Additional warranty means any undertaking by the entrepreneur, its supplier, importer or manufacturer in which it grants to the consumer certain rights or claims that are go beyond what it is legally obliged to do in case it has failed to perform of its part of the agreement.
Article 7 – Prices.
- All prices used in the offer of products are in euros, include VAT and excluding any other charges such as handling, shipping or transportation costs, unless expressly stated otherwise or otherwise agreed upon.
- All prices used by the entrepreneur for its products, on its website or otherwise communicated are made, may change at any time.
- Increases in the cost prices of products or parts thereof, which the entrepreneur could not foreseen at the time the offer was made or the agreement concluded, may lead to price increases.
- The consumer has the right to dissolve a contract due to a price increase referred to in paragraph 3, unless the increase results from a statutory regulation.
- All prices are subject to printing and typesetting errors. For the consequences of printing – and typesetting errors, no liability is accepted. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 8 – Payment.
- The full purchase price is always paid immediately in the webshop. In case of reservations some cases, a down payment is expected. In that case, the consumer is given proof of the reservation and prepayment.
- If the consumer does not pay on time, he is in default. If consumer remains in default, then the entrepreneur entitled to suspend obligations until the consumer has fulfilled his payment obligation met.
- If consumer remains in default, entrepreneur will proceed to collection. The costs with related to such collection shall be borne by the consumer. These collection costs shall be calculated on the basis of the Compensation for Extrajudicial Collection Costs Decree.
- If consumer refuses to cooperate with the implementation of the assignment by entrepreneur, then he is still obliged to pay the agreed price to the entrepreneur.
Article 9 – Delivery and execution.
- The entrepreneur will take the greatest possible care when receiving and in fulfilling orders for products.
- Delivery will take place while supplies last.
- Delivery is made by letterbox mail, unless the parties have agreed otherwise.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in this regard in article 4 of these general conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
- All delivery terms are indicative. The consumer cannot derive any rights. Exceeding a deadline does not entitle the consumer to compensation, unless the parties have expressly agreed otherwise in writing.
- If the consumer receives a package after 14 days, observing the indicative delivery times, has not been received, the consumer should contact the entrepreneur and a refund may follow or reshipment of the package.
- The delivery time starts when the customer has completed the (electronic) ordering process completely completed and received an (electronic) confirmation thereof.
- In case of dissolution in accordance with paragraph 5 of this article, the entrepreneur will pay the amount that the consumer paid without delay.
- If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and understandable manner be notified that a replacement item will be provided. In the case of replacement articles, the right of withdrawal cannot be excluded.
- The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and to the entrepreneur disclosed representative, unless expressly agreed otherwise.
Article 10 – Right of withdrawal.
- The consumer may enter into a contract relating to the purchase of a product during a cooling-off period of 7 days without giving reasons. The entrepreneur may cancel the asking consumers about the reason for withdrawal, but not making them oblige to state their reason(s).
- The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a prior by the consumer designated third party, who is not the carrier, has received the product, or:
- If the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he clearly indicates this to the consumer prior to the ordering process manner about it, refuse an order of multiple products with different delivery dates.
- If the delivery of a product consists of several shipments: the day on which the consumer, or a third party designated by the consumer, the last shipment last part received;
- In contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product received.
Extended cooling-off period for products in case of failure to inform about right of withdrawal:
- If the entrepreneur provides the consumer with the legally required information about the right of withdrawal has not provided, the reflection period expires 12 months after the end of the original, reflection period established in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph provided within twelve months of the effective date of the original reflection period, expires the cooling-off period 7 days from the day the consumer received that information.
Article 11 – Obligations of the consumer during the reflection period.
- During the reflection period, the consumer will handle the product and its packaging with care. He shall unpack or use the product only to the extent necessary to enable assess whether he wishes to keep the product. The premise here is that the consumer should keep the plastic seal to be eligible to return and/or exchange the product.
- The consumer is liable only for diminished value of the product resulting from of handling the product beyond that permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur him before or at the conclusion of the contract all legally required information about the right of withdrawal has provided.
Article 12 – Exercise of the right of withdrawal by the consumer and costs thereof.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to make that known within the 7-day cooling-off period, after receiving the product, in writing to the entrepreneur via firstname.lastname@example.org.
- As soon as possible, but in any case within 7 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct cost of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur has indicated to bear the cost himself, the consumer does not have to bear the cost of return shipment.
- If after the expiration of the deadlines referred to in paragraphs 2 and 3, the consumer has not expressed wanting to exercise his right of withdrawal or has not given the product to the entrepreneur returned, the sale is a fact.
- To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest with the delivery.
Article 13 – Obligations of the entrepreneur in the event of withdrawal.
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to refund the product until he receives the product or until the consumer proves that he has returned the product, to whichever time is earlier.
- For reimbursement, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
Article 14 – Exclusion of right of withdrawal.
- The entrepreneur can exclude the products, as described in paragraph 2, from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- For products whose seal has been broken by the consumer.
- Those purchased at a discounted price.
Article 15 – Liability.
- The entrepreneur is only liable for any damages suffered by the consumer if and for to the extent that such damage was caused by intentional or deliberate recklessness.
- If the entrepreneur is liable for any damages, it is only liable for direct damages arising out of or in connection with the performance of a contract.
- The entrepreneur is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
- If entrepreneur is liable, this liability is limited to the amount paid by a concluded (professional) liability insurance is paid and in the absence of (full) payment by an insurance company of the amount of damage, liability is limited to the (portion of the) invoice amount to which the liability relates.
- All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to damages and/or (partial) rescission of the agreement and/or suspension of only obligation.
Article 16 – Complaints procedure.
- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- The consumer should examine a product delivered by entrepreneur as soon as possible for any deficiencies.
- Does a delivered product not meet what the consumer reasonably expects from the agreement, then the consumer should inform the entrepreneur as soon as possible, but at least within 7 days of discovering the defects.
- Complaints should be described fully and clearly at least in as much detail as possible and to be submitted to the entrepreneur via email@example.com so that the entrepreneur is able to respond to it respond appropriately.
- Complaints submitted to the entrepreneur are processed within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time requests, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
- In any case, the consumer must give the entrepreneur 4 weeks to submit the complaint in resolve by mutual agreement.
- If the complaint cannot be resolved in mutual consultation and after the aforementioned term has been provided, a dispute arises that is subject to the dispute settlement procedure.
- If, when a complaint arises, it is not opted for under paragraph 1 of this article said complaint procedure or in combination with it libel and/or slander becomes the result of the complaint reserves entrepreneur the right to take the legal route in this regard.
Article 17 – Transfer of rights.
- Rights of a Party under this Agreement may not be assigned without the prior written consent of the entrepreneur.
- This provision shall be considered a clause with property law effect as referred to in Article 3:83, second paragraph, Burgerlijk Wetboek.
Article 18 – Modification of general conditions.
- Indian Books is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance may be made at any time.
- Indian Books will discuss major changes in content as much as possible in advance with the consumer.
- The consumer is entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Article 19 – Disputes.
- On contracts between the entrepreneur and the consumer to which these general conditions are relate to, Dutch law applies exclusively. Even if the consumer residing abroad.
- The Dutch court in the district where Indian Books is located is authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
- The applicability of the Vienna Sales Treaty is excluded.
- The other provisions remain in full force if one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings.
Article 20 – Additional or different provisions.
Additional or different provisions from these general terms and conditions may not be to the detriment of the consumer and must be in writing or in such a way that they are can be stored by the consumer in an accessible manner on a durable data carrier.