TERMS AND CONDITIONS
Article 1 – Definitions
The following is understood under these general conditions:
1. Entrepreneur: the natural or legal entity that provides products and/or services remotely to consumers;
2. Consumer: the natural person not acting as a professional or business and has entered into a remote Agreement with the Entrepreneur;
3. Remote Agreement: an agreement whereby, in the ambit of an Entrepreneur organized system for remote sales of products and / or services, up to the conclusion of the Agreement only one or more remote sales technique is (are) used;
4. Technique for distance communication: Means that can be used for entering into an Agreement, without the Consumer and the Entrepreneur being in the same location at the same time.
Cool-off period: the period in which the Consumer can use the right of withdrawal;
6. Right of withdrawal: an opportunity for the Consumer to withdraw from the remote Agreement within the cool-off period;
7. Day: calendar day;
8. Transaction duration: a remote sales agreement relating to a series of products and / or services, of which the supply and / or collection is spread in this time;
9. Sustainable data storage medium: every product that allows the Consumer or Entrepreneur to store any information directed at him / her personally, to consult it if needed, and that makes an unedited reproduction of the information possible.
Article 2 – identity of the Entrepreneur
Article 3 – Applicability
1. These general conditions apply to every offer of the Entrepreneur and to every remote sales Agreement entered into between the Entrepreneur and the Consumer.
2. Before the remote sales Agreement is entered into the text of the General Conditions is made available to the Consumer. If this is not reasonably possible, before the remote sales Agreement is entered into, it will be indicated that the General Conditions are available for consultation at the Entrepreneur, and that, at request, a copy of these General Conditions can be sent to the Consumer, as soon as possible, at no charge.
3. If the remote sales Agreement is entered into electronically, in deviation to the previous section, and before the remote sales Agreement is entered into, the text of these General Conditions may be made available to the Consumer in a digital form in such a way that it can be saved by the Consumer in a simple way, on a sustainable data carrier. If this is not reasonably possible, before the remote sales Agreement is entered into, it will be indicated where the General Conditions may be electronically consulted, and that they may, at electronic request, be sent in a different way, free of charge, to the Consumer.
4. If there is specific product or service conditions applicable on top of these General Conditions, then the second and third section also applies to the corresponding application, and the Consumer can, in the event of a contradiction in the General Conditions, appeal to the applicable provisions most suitable to him / her.
Article 4 – The offer
1. If an offer has a limited validity period, or is covered by specific provisions, this is specifically indicated in the offer.
2. The offer contains a full and accurate description of the presented products and/or services. The description is sufficiently detailed to make a proper assessment of the offer by the Consumer possible. If the Entrepreneur makes use of images, these should be a true rendition of the presented products and / or service. Obvious mistakes or errors in the offer do not bind the Entrepreneur.
3. Every offer contains sufficient information, so that the rights and obligations incorporated to the acceptance of the offer is clear. This involves particularly:
• the price including taxes;
• the possible delivery expenses;
• the way in which the Agreement will come into force, and which actions are necessary for this;
• whether or not there can be an application of a right of withdrawal;
• the means of payment, delivery or implementation of the Agreement;
• the terms for acceptance of the offer, or the deadline for adhering to the price;
• the level of the rate for distance communication if the expenses for the use of the technique for distance communication is calculated on a different basis than the basic rate;
• if the contract is registered after coming into force, how this contract may be consulted;
• the way in which the Consumer, before the Agreement is entered into, can be informed of undesired actions, as well as the way in which he / she can rectify these before the Agreement is entered into;
• the possible languages in which, apart from Dutch, the Agreement can be entered into;
• the conduct to which the Entrepreneur is subject and the way the Consumer can consult these behavioral codes electronically, as well as the minimum duration of the remote sales Agreement, in the event of an Agreement that involves continuous or periodic episodes or services.
Article 5 – The Agreement
1. The Agreement comes, subject to the provisions under section 4, into force at the moment that the Consumer accepts the offer, and complies with the corresponding conditions.
2. If the Consumer has accepted the offer electronically the Entrepreneur immediately verifies the receipt of the acceptance of the order, electronically. The Consumer may dissolve the agreement for as long as receipt of this acceptance has not been confirmed.
3. If the agreement is entered into electronically the Entrepreneur will take the necessary technical and organizational measures to protect the electronic transfer of data, and provide for a safe web environment. If the consumer can make electronic payment the Entrepreneur will take the suitable safety measures into consideration.
4. The Entrepreneur can – within the statutory context – investigate whether the Consumer will be able to meet the payment obligations, as well as of the facts and factors that are important for a sound conclusion of the remote Agreement. If the Entrepreneur, based on this investigation, is justified to not conclude the Agreement, he / she is entitled to refuse an order or request, or to incorporate particular conditions to the execution.
5. The Entrepreneur shall provide the following information, in writing or in such a way that it can be stored in an accessible manner by the Consumer on a sustainable data carrier:
a. the physical address of the establishment of the Entrepreneur where the Consumer can lodge complaints;
b. the conditions under which, and the manner in which the Consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information concerning existing after sales service and guarantees;
d. the details indicated in Article 4 section 3 of these conditions, unless the Entrepreneur has already provided the Consumer with these details before commencement of the Agreement;
e. the requirements for terminating the Agreement if the Agreement has a duration of more than one year, or is indefinite.
6. If the Entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6a – Right of withdrawal upon delivery of the products
1. When purchasing products the Consumer can cancel the Agreement, without stating the reasons for dissolution, within 14 days. This period starts on the day after receipt of the product by, or on behalf of the Consumer.
2. During this period the Consumer shall handle the products and the packaging cautiously. He / she will only unpack the product as much as is needed to be able to assess if he / she wishes to keep the product. If he / she wishes to make use of the right of withdrawal he / she will return all supplied accessories and – if reasonably possible – in the original state and packaging, to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.
Article 6b – Right of withdrawal upon delivery of services
1. With delivery of services the Consumer has the opportunity to dissolve the Agreement, without stating the reason, for 14 days, starting on the day of entering into the Agreement.
2. To use this right of withdrawal the Consumer will focus on the reasonable and clear instructions received upon offer and / or delivery.
Article 7 – Expenses in the event of withdrawal
1. If the Consumer makes use of his / her right of withdrawal, at the most the expenses of the return shipment may be accounted to him / her.
2. If the Consumer has paid an amount the Consumer will refund this as soon as possible, but within 30 days after return or withdrawal.
Article 8 – Exclusion of the right of withdrawal
1. If the Consumer has no right to a withdrawal, this can only be excluded by the Entrepreneur I the Consumer was clearly informed of this, in time, before entering into the Agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) which have been manufactured to the Consumers specifications;
b) which are obviously personal in nature;
c) which in their nature cannot be returned
d) which can spoil or age quickly
e) which price depends on fluctuations of the financial market on which the Consumer has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the Consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) related to accommodation, transport, catering or leisure to be rendered on a specific date or during a specific period;
b) of which the delivery was started with the explicit approval of the Consumer, for which the cool-off period has expired;
c) related to bets and lotteries.
Article 9 – The price
1. During the in het offer mentioned validity period the prices of the presented products and/or services may not be increase, except for price adjustments as a result of changes in the VAT rates.
2. Without prejudice to the previous paragraph the Entrepreneur can offer products or services of which the price is bound to fluctuations on the financial market and which the Entrepreneur has no influence on, at variable prices. This commitment to fluctuations and the fact that possible indicated prices are price guidelines, is indicated with the offer.
3. Price increases within 3 months after establishment of the Agreement is only allowed if they are the result of statutory regulations or conditions.
4. Price increases from 3 months after establishment of the Agreement are only allowed if the Entrepreneur has negotiated this, and:
a) these are due to the statutory regulations or conditions; or
b) the consumer is authorized to dissolve this Agreement on the day on which the price increase starts.
5. The prices of products or services indicated in the offer are VAT exclusive.
Article 10 – Conformity and Guarantee
1. The Entrepreneur guarantees that the products and / or services meet the provisions of the Agreement, the reasonable requirements of quality and/or efficacy and the statutory stipulations and / or government regulations applicable on the date of the establishment.
2. An Entrepreneur, manufacturer or importer offered guarantee scheme does not affect the rights and claims that Consumers may assert with regard to a flaw in the observance of the commitments of the Entrepreneur against the Entrepreneur under the law and / or remote sales Agreement.
Article 11 – Delivery and execution
1. The Entrepreneur shall take the greatest possible care when receiving and executing the orders of the products and when assessing applications for provision of services.
2. The delivery location is the address that the Consumer has provided to the Company.
3. Considering the provisions on this in Article 4 of these General Conditions, the Company accepted orders will be carried out expeditiously, within 30 days, unless a longer delivery period has been agreed on. If the delivery is delayed, or if an order can only be carried out partially, the Consumer will be informed of this no later than one month after placing the order. In this case the Consumer has the right to dissolve the Agreement without penalty or being entitled to any compensation.
4. In the event of dissolution in accordance with the previous section the Entrepreneur will refund the amount that the Consumer paid as soon as possible, within 30 days after dissolution.
5. If the delivery of an ordered product appears to be impossible the Entrepreneur will endeavor to provide a replacement item. At the latest upon delivery it will be clearly and comprehensibly indicated that a replacing article is being delivered. For replacement articles there can be no right of withdrawal. The cost of return shipment is borne by the Entrepreneur.
6. The risk of damage and / or loss of products lie with the Consumer until the moment of delivery, unless explicitly agreed to otherwise.
Article 12 – Duration of the transactions
1. The Consumer can dissolve an Agreement that was entered into for an indefinite period, at all times in compliance with the applicable termination rules and a notice of at least one month.
2. An Agreement that was entered into for a specific duration has a duration of up to two years. If it was agreed to that the remote sales Agreement would be extended with the silence of the Consumer, the Agreement is continued as an Agreement for an indefinite period, and the notice period for the Agreement, after continuation of the agreement will amount to maximum one month.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the Consumer must be paid within fourteen days after delivery of the goods, or in the case of a service Agreement, within 14 days after issuance of the documents related to this.
2. An advance payment of more than 50% may never be negotiated in the General Conditions with the sale of products to Consumers. When advance payment is negotiated, 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 a duty to immediately report irregularities in issued or mentioned payment details to the Entrepreneur.
4. In the event of default by the Consumer the Entrepreneur, subject to the statutory stipulations, has the right to charge the Consumer reasonable expenses in advance.
Article 14 – Complaints regulation
1. The Entrepreneur has a well-publicized complaints procedure and deals with the complaints in accordance with this complaints procedure.
2. Complaints on the execution of the Agreement must be submitted to the Entrepreneur, within reasonable time, completely and clearly described, after the consumer has established the defects.
3. Complaints submitted to the Entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Entrepreneur answers within a period of 14 days with an acknowledgement of receipt, with an indication of when the consumer can expect a more detailed answer.
Article 15 Intellectual Property Rights.
The Buyer acknowledges that all intellectual property rights of provided information, announcements or other expressions with regard to the products and/or with regard to the internet site are owned by Bioracer, its suppliers or other rightful beneficiaries.
Article 16 Personal details.
Article 17 – Applicable law and jurisdiction of the court.
Dutch law is exclusively applicable on all Bioracer offers, its Agreements and the execution thereof.