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Terms and conditions
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer's Obligations During the Cooling-off Period
Article 8 - Exercising the Right of Withdrawal by the Consumer and Its Costs
Article 9 - Obligations of the Entrepreneur Upon Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - Price
Article 12 - Fulfillment of the Contract and Additional Warranty
Article 13 - Delivery and Performance
Article 14 - Payment
Article 15 - Complaints Procedure
Article 16 - Disputes
Article 17 - Additional or Deviating Provisions
Article 1 - Definitions
In these terms and conditions, the following terms are defined as:
Supplementary Agreement: an agreement where the consumer acquires products and/or services related to a distance contract, and these products and/or services are provided by the entrepreneur or a third party based on an arrangement between the entrepreneur and the third party.
Cooling-off Period: the period within which the consumer can exercise their right of withdrawal.
Consumer: a natural person acting for purposes not related to their trade, business, craft, or professional activity.
Day: calendar day.
Digital Content: data that is produced and supplied in digital form.
Continuous Agreement: an agreement for the regular delivery of products, services, and/or digital content over a specified period.
Durable Data Carrier: any tool, including email, that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation or use, for a period suited to the purpose for which the information is intended, and allows unaltered reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services to consumers remotely.
Distance Contract: a contract concluded between the entrepreneur and the consumer in the context of a structured system for the remote sale of products and/or services, where one or more remote communication techniques are used up to and including the conclusion of the contract.
Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have the right of withdrawal for their order.
Technique for Remote Communication: a means that can be used for concluding a contract without the consumer and entrepreneur being in the same physical space at the same time.
Article 2 - Identity of the entrepreneur
Histoparts VOF
Histoparts BV
Aldewei 1
8582KX Oudega
Phone: 0514-581916
Chamber of Commerce: 61594318
VAT: NL854406293B01
Email: Klantenservice@histoparts.com
Customer Service Availability:
Monday: 8:30 AM to 5:00 PM
Tuesday: 8:30 AM to 5:00 PM
Wednesday: 8:30 AM to 5:00 PM
Thursday: 8:30 AM to 5:00 PM
Friday: 8:30 AM to 5:00 PM
Saturday: Closed
Sunday: Closed
Article 3 - Applicability
These general terms and conditions apply to all offers from the entrepreneur and all distance contracts concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will inform the consumer on how they can view the general terms and conditions and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can easily be stored on a durable data carrier. If this is reasonably not possible, the entrepreneur will inform the consumer, before the conclusion of the distance contract, of where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, either electronically or otherwise.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and the consumer may always invoke the provision that is most favorable to them in case of conflicting terms.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
The offer contains a full and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, these will be as accurate as possible representations of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer includes sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer.
All product images shown are for illustration purposes and may differ in color or composition/detail from the actual product delivered, though this is not subject to technical variation.
All referenced original numbers (OEM numbers) are for reference purposes only and do not need to be original unless explicitly stated in the product description.
Article 5 - The agreement
The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets any conditions attached to it.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can, within legal boundaries, check whether the consumer can fulfill their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reason to not proceed with the contract based on this investigation, they have the right to refuse a purchase or impose special conditions on its execution.
The entrepreneur will, at the latest, upon delivery of the product, service, or digital content, provide the following information to the consumer in writing or in such a way that the consumer can store it on a durable data carrier:
- The address where the consumer can send complaints;
- The conditions and method for exercising the right of withdrawal or a clear indication of the exclusion of the right of withdrawal;
- Information on warranties and post-purchase service;
- The price, including taxes, for the product, service, or digital content; where applicable, the delivery costs and the method of payment, delivery, or execution of the distance contract;
- The requirements for cancellation if the agreement lasts for more than one year or for an indefinite period;
- If the consumer has a right of withdrawal, the model withdrawal form.
For continuous contracts, the provisions of the previous paragraph apply only to the first delivery.
Article 6 - Right of withdrawal
For products:
The consumer can cancel a contract concerning the purchase of a product within a minimum of 14 days without providing a reason. The entrepreneur may ask the consumer for a reason for withdrawal but cannot compel them to provide it.
The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer, who is not the carrier, receives the product, or:
- If the consumer ordered multiple products in the same order: the day the consumer, or a third party designated by them, receives the last product.
- If the delivery of a product consists of multiple shipments or parts: the day the consumer, or a third party designated by them, receives the last shipment or part.
- For contracts for the regular delivery of products over a period: the day the consumer, or a third party designated by them, receives the first product.
Article 7 - Consumer's obligations during the cooling-off period
During the cooling-off period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to determine the nature, characteristics, and operation of the product. The consumer should handle and inspect the product as they would in a store.
The consumer is only liable for the depreciation of the product resulting from handling beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation if the entrepreneur has not provided all legally required information about the right of withdrawal before or during the conclusion of the contract.
Article 8 - Exercising the right of withdrawal by the consumer and its costs
If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another clear manner.
As soon as possible, but within 14 days from the day following the notification, the consumer returns the product or hands it over to the entrepreneur (or a representative). This does not apply if the entrepreneur offers to pick up the product. The consumer meets the return deadline if they send the product back before the cooling-off period ends.
The consumer returns the product with all delivered accessories, if reasonably possible in its original state and packaging, and according to reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.
The consumer bears the direct cost of returning the product.
Article 9 - Obligations of the entrepreneur upon withdrawal
If the entrepreneur enables the consumer to notify them of the withdrawal electronically, they must send an acknowledgment of receipt without delay upon receiving the withdrawal notice.
The entrepreneur must refund all payments made by the consumer without delay but no later than 14 days after the day the consumer notified them of the withdrawal. Unless the entrepreneur offers to pick up the product themselves, they may wait to refund until the product has been received or until the consumer proves they have sent it back, whichever is earlier.
The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer selected a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive delivery method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the contract:
- Products that have been cut to size for the consumer, such as power cables, pipes, etc.
- Electrical goods that have been assembled or show minimal assembly marks, such as voltage regulators, dynamos, starters, etc.
- Sealed products such as books.
- Products or services whose price is tied to fluctuations in the financial market which the entrepreneur cannot control and may occur within the withdrawal period.
- Service contracts, once the service is fully performed, but only if:
- The performance began with the express prior consent of the consumer; and
- The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract.
Article 11 - Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and are beyond the entrepreneur's control, at variable prices. This price variability and the fact that any prices listed are indicative, will be stated in the offer.
Article 12 - Fulfillment of the contract and additional warranty
The entrepreneur ensures that the products and/or services meet the agreement, the specifications stated in the offer, reasonable standards of quality and/or usability, and the applicable laws and regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also ensures that the product is suitable for uses other than its normal use.
An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer does not limit the legal rights and claims the consumer can make against the entrepreneur if the entrepreneur has failed to fulfill their part of the contract.
Additional warranty refers to any commitment by the entrepreneur, supplier, importer, or manufacturer in which they grant the consumer rights or claims beyond those legally required in the event they have failed to fulfill their part of the contract.
Article 13 - Delivery and performance
The entrepreneur will take the utmost care when receiving and executing orders for products and when evaluating requests for services.
The place of delivery will be the address provided by the consumer to the entrepreneur.
Taking into account the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed or if a part of the order cannot be fulfilled, the consumer will be informed within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement at no cost.
Once the agreement is canceled as per the previous paragraph, the entrepreneur will refund the amount the consumer has paid without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the product is delivered to the consumer or a previously designated representative, unless otherwise agreed.
Article 14 - Payment
Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the cooling-off period starts, or if there is no cooling-off period, within 14 days after the conclusion of the agreement. In case of a service agreement, this period starts the day after the consumer receives confirmation of the agreement.
If prepayment is agreed upon, the consumer cannot assert any rights concerning the execution of the relevant order or service(s) before the agreed prepayment has been made.
Deliveries with payment upon receipt will always be under retention of title, meaning that the goods delivered remain the property of the entrepreneur until full payment has been made.
The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
If the consumer does not fulfill their payment obligation(s) in a timely manner, they will owe the statutory interest on the overdue amount after the entrepreneur has pointed out the late payment to the consumer and granted them a 14-day period to fulfill their payment obligation. If the payment is still not made within this period, the entrepreneur is entitled to charge the consumer for any extra-judicial collection costs. These collection costs will be a maximum of: 15% on amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.
Article 15 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable period after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.
Model withdrawal form
ANNEX 1
(Complete and return this form only if you wish to withdraw from the contract)
To: [name of trader]
[geographical address of trader]
[trader’s fax number, if available]
[trader’s email address or electronic address]
I/We* hereby give notice that I/we* withdraw from my/our* contract of sale for the following products:
[description of product]*
the delivery of the following digital content:
[description of digital content]*
the provision of the following service:
[description of service]*
withdraw/withdraws*
Ordered on*/received on*: [date of order for services or date of receipt for goods]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
*Delete or complete as appropriate.