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    General terms and conditions of  Brada Verpakkingen Table of contents:


    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 - Obligations of the consumer during the reflection period
    Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
    Article 9 - Obligations of the entrepreneur in the event of withdrawal
    Article 10 - Exclusion right of withdrawal
    Article 11 - The price
    Article 12 - Compliance and extra guarantee
    Article 13 - Delivery and execution
    Article 14 - Duration transactions: duration, cancellation, and extension
    Article 15 - Payment
    Article 16 - Complaints procedure
    Article 17 - Disputes
    Article 18 - Additional or different provisions

     

    Article 1 - Definitions

    In these general terms and conditions we use the following definitions:

    1. Supplementary agreement: this is an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these items, digital content and/or services by the
    supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
    2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
    3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
    4. Day: by this we mean a calendar day;
    5. Digital content: data produced and supplied in digital form;
    6. Duration agreement: an agreement that extends to the regular delivery of business, services, and/or digital content for a specified period of time;
    7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to access information that is personal to him oriented, store in a manner that prevents future reference or use during
    a period that is appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
    8. Right of withdrawal: the consumer's option to cancel within the cooling-off period view the distance contract;
    9. Entrepreneur: the natural or legal person who purchases products, (access to) digital offers content and/or services to consumers remotely;
    10. Distance contract: an agreement between the entrepreneur and the consumer is closed within the framework of an organized sales system at a distance of products, digital content, and/or services, up to and including the conclusion of the agreement exclusively or partly use is made of one or more remote communication techniques;
    11. Model withdrawal form: the one included in Appendix I of these terms and conditions European model withdrawal form. Annex I does not have to be available be made if the consumer has no right of withdrawal with regard to his order has;
    12. Distance communication technology: means that can be used for concluding an agreement, without the consumer and entrepreneur simultaneously entering into the need to meet in the same space.


    Article 2 - Identity of the entrepreneur

    Jacquin Brada
    Silk Park 19 in Ouderkerk aan den IJssel
    Phone number: 0180750440
    E-mail address: [email protected]

    • If the activity of the entrepreneur is subject to a relevant licensing system: the data on the supervisory authority. If the entrepreneur practices a regulated profession: the professional association or organization to which he is affiliated;
    • the professional title, the place in the EU or the European Economic Area where it is promised;
    • a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules are accessible.

    Article 3 - Applicability

    1. These general terms and conditions apply to every offer from the entrepreneur and on every distance, contract concluded between the entrepreneur and the consumer.
    2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer, via the website. If this is not reasonably possible, the entrepreneur will distance is concluded, indicate how the general terms and conditions of the entrepreneur and that they are available as soon as possible at the request of the consumer may be sent free of charge.
    3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions available to the consumer electronically be set in such a way that it is easy for the consumer to way can be stored on a durable data carrier. If this is not reasonably possible before the distance contract is concluded, indicate whereof the general terms and conditions can be electronically be taken cognizance of and that they are sent electronically at the request of the consumer will be sent free of charge by road or otherwise.
    4. In the event that, in addition to these general terms and conditions, a specific product or terms of service apply, the second and third paragraphs of mutatis mutandis and the consumer may in the event of a conflict
    terms and conditions always rely on the applicable provision that is most are favorable.

    Article 4 - The offer

    1. If an offer has a limited period of validity or is subject to conditions that occur, this is always explicitly stated in the offer/quotation.
    2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. if the entrepreneur uses images, are they a truthful display of the products, services, and/or digital content offered? Apparently, mistakes or obvious errors in the offer are not binding on the entrepreneur.
    3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

    Article 5 - The agreement

    1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
    2. If the consumer has accepted the offer electronically, the consumer confirms the entrepreneur without delay electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been received by the entrepreneur, confirmed, the consumer can dissolve the agreement.
    3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures
    consider.
    4. Within legal frameworks, the entrepreneur can - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement on distance. If, on the basis of this investigation, the entrepreneur has good reasons to
    not enter into an agreement, he is entitled to place an order or to refuse the application or to attach special conditions to the implementation.
    5. At the latest upon delivery of the product, service, or digital content, the entrepreneur will to 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 data carrier, send:

    • the visiting address of the establishment of the entrepreneur where the consumer with complaints
      can go;
    • the conditions under which and the way in which the consumer of the right of withdrawal may use, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about guarantees and existing after-sales service;
    • the price including all taxes of the product, service, or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract;
    • the requirements for termination of the contract if the contract has a duration has more than one year or is of indefinite duration;
    • if the consumer has a right of withdrawal, the model form for revocation. In the case of an expensive transaction, the provision in the previous paragraph only applies to apply to the first delivery.

    Article 6 - Right of withdrawal

    For products:
    1. The consumer can enter into an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving any reason to dissolve. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
    2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has the product received, or:

    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has the last product received. The entrepreneur may, provided he informs the consumer here prior to the has informed the order process in a clear manner, an order of several refuse products with a different delivery time.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, receives the last shipment or has received the last part;
    3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, the first product has been received.
    For services and digital content that is not provided on a tangible medium:

    1. The consumer can enter into a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask for the reason for withdrawal, but not stating his reason(s) oblige.
    2. The reflection period referred to in paragraph 3 commences on the day following the closing of the
    agreement. Extended cooling-off period for products, services, and digital content that are not on a material basis carrier is delivered when not informing about the right of withdrawal:

    1. If the entrepreneur provides the consumer with the legally required information about the right of withdrawal or has not provided the model withdrawal form, the cooling-off period twelve months after the end of the original, in accordance with the reflection period established in previous paragraphs of this article.
    2. If the entrepreneur provides the consumer with the information referred to in the previous paragraph
    has provided within twelve months of the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received information.

    Article 7 - Obligations of the consumer during the reflection period

    1. During the reflection period, the consumer will handle the product and the packaging. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle the product and inspect as he would be allowed to do in a shop.
    2. The consumer is only liable for depreciation of the product that results from a way of handling the product that goes beyond allowed in paragraph 1.
    3. The consumer is not liable for depreciation of the product if the entrepreneur does not provide him with all legal obligations before or at the conclusion of the agreement has provided mandatory information about the right of withdrawal.

    Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

    1. If the consumer makes use of his right of withdrawal, he must report this within the cooling-off period by means of the model withdrawal form or in other ways unambiguous manner to the entrepreneur.
    2. As soon as possible, but within 14 days from the day following the referred to in paragraph 1.
    notification, the consumer returns the product or hands it over to (authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product yourself. The consumer has in any case the return period taken into account if he returns the product before the cooling-off period has expired.
    3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the entrepreneur-provided reasonable and clear instructions.
    4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
    5. The consumer bears the direct costs of returning the product at all times product.
    6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water, or electricity that is not ready are made for sale in a limited volume or quantity begins
    during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of revocation, compared to full compliance with the commitment.
    7. The consumer does not bear any costs for the performance of services or the delivery of
    water, gas, or electricity, which have not been made available for sale in a limited
    volume or quantity, or for the supply of district heating, if:

    1. the entrepreneur provides the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model form for has not provided revocation, or;
    2. the consumer does not expressly request the commencement of the performance of the service or
    supply of gas, water, electricity, or district heating during the cooling-off period requested.

    1. The consumer bears no costs for the full or partial delivery of non-digital content delivered on a tangible medium, if:

    1. he has not expressly agreed to the. prior to its delivery commencement of the fulfillment of the agreement before the end of the cooling-off period;
    2. he has not acknowledged losing his right of withdrawal when granting his permission; or
    3. the entrepreneur has failed to confirm this statement from the consumer.

    1. If the consumer exercises his right of withdrawal, all additional contracts are terminated by operation of law.

    Article 9 - Obligations of the entrepreneur in the event of withdrawal

    1. If the entrepreneur reports the withdrawal by the consumer electronically manner possible, he shall immediately send an acknowledgment of receipt.
    2. The entrepreneur reimburses all payments from the consumer, including 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 revocation. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, depending on what time falls earlier.
    3. The entrepreneur uses the same payment method that the consumer uses for reimbursement has used unless the consumer agrees to another method. The refund is free of charge for the consumer.
    4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay the additional costs for the more expensive method not refundable.

    Article 10 - Exclusion right of withdrawal

    The entrepreneur can exclude the following products and services from the right of withdrawal,
    but only if the entrepreneur clearly states this in the offer, at least in good time before the closing of the contract the agreement stated:

    1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which is within the withdrawal period may arise;
    2. Agreements concluded during a public auction. Under a public auction means a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who personally
    is present or will be given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase products, digital content, and/or services;
    3. Service agreements, after full performance of the service, but only if:

    1. the execution has started with the express prior consent of the consumer; and
    2. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;

    1. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and agreements of
    passenger transport;
    2. Service agreements for the provision of accommodation, as in the agreement is provided for a specific date or period of performance and other than for residential purposes, freight transport, car rental services, and catering;
    3. Agreements relating to leisure activities, if in the agreement a certain date or period of implementation thereof is provided;
    4. Products manufactured to consumer specifications, which are not are prefabricated and manufactured on the basis of an individual choice or consumer's decision, or which is clearly intended for a specific person
    to be;
    5. Products that spoil quickly or have a limited shelf-life;
    6. Sealed products which for reasons of health protection or hygiene are not are suitable for return and which are sealed after delivery has broken;
    7. Products that are irrevocably mixed with other products after delivery due to their nature Products;
    8. Alcoholic drinks, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market on which the entrepreneur has no influence;
    9. Sealed audio, video recordings, and computer software, of which the seal after delivery is broken;
    10. Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
    11. The supply of digital content other than on a tangible medium, but only if:

    1. the execution has started with the express prior consent of the consumer; and
    2. the consumer has declared that he loses his right of withdrawal.

    Article 11 - The price

    1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes such as due to changes in VAT rates.
    2. Notwithstanding the previous paragraph, the entrepreneur may purchase products or services whose
    prices are subject to fluctuations in the financial market and where the entrepreneur has no influence on, offering variable prices. This subject to fluctuations and the fact that any prices quoted target prices are stated in the offer.
    3. Price increases within 3 months after the conclusion of the agreement are
    only permitted if they are the result of statutory regulations or provisions.
    4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

    • they are the result of statutory regulations or provisions; orb. The consumer has the authority to cancel the agreement with effect from the day the price increase takes effect.
    • The prices stated in the offer of products or services include VAT unless otherwise indicated.

    Article 12 - Compliance with the agreement and extra guarantee

    1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the on the date of the conclusion 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.
    2. An extra provided by the entrepreneur, his supplier, manufacturer or importer warranty never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the
    entrepreneur has failed to fulfill his part of the agreement.
    3. An extra guarantee is understood to mean every obligation of the entrepreneur, his supplier, importer or producer in which it determined to the consumer grants rights or claims that go beyond what is required by law in the event that he has failed to fulfill his part of the agreement.

    Article 13 - Delivery and execution

    1. The entrepreneur will take the greatest possible care when entering receiving and executing orders for products and assessment of applications for the provision of services.
    2. The place of delivery is the address that the consumer makes known to the entrepreneur made with the order.
    3. With due observance of what is stated about this in article 4 of these general terms and conditions
    stated, the entrepreneur will accept accepted orders expeditiously but at the latest within 30 days, unless another delivery period is agreed. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will receive of this no later than 30 days after he has placed the order. The consumer in that case has the right to dissolve the agreement without costs and has the right to on any compensation.
    4. After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer paid without delay.
    5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur announced representative, unless expressly stated otherwise agreed.

    Article 14 - Duration transactions: duration, cancellation and extension

    Cancellation:
    1. The consumer can enter into an agreement that has been entered into for an indefinite period and which
    extends to the regular delivery of products (including electricity) or services, cancel at all times with due observance of the agreed cancellation rules and a notice period of at most one month.
    2. The consumer may enter into an agreement that has been entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services, cancel at any time by the end of the fixed term with due observance of agreed cancellation rules and a notice period of at most one
    month.
    3. The consumer can conclude the agreements referred to in the previous paragraphs: o cancel at any time and are not limited to cancellation on a specific time or in a specific period; o at least cancel in the same way as they entered into by him; o always cancel with the same notice period as the entrepreneur for himself
    has stipulated.

    Extension:
    1. An agreement that has been entered into for a definite period and which extends to the settled delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a specified period.
    2. Notwithstanding the previous paragraph, an agreement that is for a definite period may and which extends to the regular delivery of daily news and weekly newspapers and periodicals are tacitly renewed for a specified period of maximum three months, if the consumer terminates this extended agreement by the end of the extension can be terminated with a notice period of no more than one month.
    3. An agreement that has been entered into for a definite period and which extends to the settled delivery of products or services, may only be tacitly for an indefinite period be extended if the consumer may cancel at any time with a notice period of a maximum of one month. The notice period is a maximum of three months in case the agreement extends to regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
    4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) does not continue tacitly and ends automatically at the end of the trial or introductory period.

    Duration:
    1. If an agreement has a duration of more than one year, the consumer may after a year the agreement at all times with a notice period of no more than one month cancel, unless reasonableness and fairness prevail against cancellation before the end of to postpone the agreed duration.

    Article 15 - Payment

    1. Unless otherwise stated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
    2. When selling products to consumers, the consumer may in general conditions are never obliged to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights
    regarding the execution of the relevant order or service(s), before the stipulated advance payment has been made.
    3. The consumer has the obligation to correct inaccuracies in provided or stated to report payment details to the entrepreneur without delay.
    4. If the consumer does not meet his payment obligation(s) in time, he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has consumer has granted a period of 14 days to still
    to meet payment obligations, after failure to pay within these 14-days term, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to pay the extrajudicial collection costs incurred by him to charge. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% over the next €5,000 with a minimum of €40. The entrepreneur can advantage of the consumer deviate from the stated amounts and percentages.

    Article 16 - Complaints procedure

    1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    2. Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur, after the consumer has found defects.
    3. Complaints submitted to the entrepreneur will be processed within a period of 14 days calculated from the date of receipt. If a complaint is a foreseeable longer processing time, the entrepreneur within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
    4. If the complaint cannot be resolved in mutual consultation, a dispute arises that subject to the dispute settlement procedure.
    5. In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the event of complaints that are not in can be resolved by mutual agreement, the consumer should contact


    WebwinkelKeur Foundation (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If there is still no solution come, the consumer has the option to submit his complaint treated by the independent person appointed by the WebwinkelKeur Foundation disputes committee, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. To submit a dispute to this disputes committee there are costs that are charged by the consumer must be paid to the appropriate commission. It is also possible to
    to register complaints via the European ODR platform (http://ec.europa.eu/odr).

    6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
    7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will at its option or replace or repair the delivered products free of charge.

    Article 17 - Disputes

    1. On agreements between the entrepreneur and the consumer to which these general terms and conditions, only Dutch law applies.

    Article 18 - Additional or different provisions

    Additional provisions or provisions that deviate from these general terms and conditions may not apply to
    be to the detriment of the consumer and must be recorded in writing or in such way that they can be stored by the consumer in an accessible manner on a durable data carrier.

    - General terms and conditions Brada packaging

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