Terms & Conditions
www.dreamcardrivers.com and www.dreamcar-drivers.com (with the subdomains ff.dreamcardrivers.com and ff.dreamcar-drivers.com, pp.dreamcardrivers.com and pp.dreamcar-drivers.com, ll.dreamcar-drivers.com and ll.dreamcardrivers.com) ((hereafter ‘’Dreamcardrivers’’) it’s owners, partners, providers and suppliers is a professional online network that brings people together through a shared interest for dream cars, by using the online platforms ‘’Dreamcardrivers’’ as provided.
These terms and conditions are effective from January 1 2017 and may be updated at any time, please revisit this page regularly to ensure you are aware of the latest Terms and Conditions at all times.
These terms and conditions override any contrary terms or conditions published by us in relation to the website, ‘’Dreamcardrivers’’, membership offers, special offers, any membership subscription, competitions or any other information and services provided.
By using ‘’Dreamcardrivers’’, you agree to be legally bound by these terms, which shall take effect immediately on your first use. If you do not agree to be legally bound by all the following Terms and Conditions, please do not access and/or use our service. Unauthorised use is strictly prohibited.
The Membership Contract
When you complete your membership form online, you are making an offer to join ‘’Dreamcardrivers’’ for the agreed period, as a member of ‘’Dreamcardrivers’’, are you automatically agreeing to these terms and conditions, and you are providing us with the appropriate consent to handle your information in accordance with the Data Protection Act.
The Membership Card
When you complete your membership form online, you will receive a membership card.
This card gives you benefits offered by our official external partners. The use of this card is strictly personal for the valid period and name mentioned on the card. External partners do have the right to check the identity of the members, before giving the benefit. Refusing to do so by the member will/can result in not receiving the benefit.
Any external or 3rd party partner of a benefit offered or service to, or included within, the membership will have absolute discretion in relation to the provision of services. Services supplied from an external or 3rd party partner will be subject to the partner’s own terms and conditions, and ‘’Dreamcardrivers’’ does not accept any liability for loss or damage suffered as a result of a fault, error or omission in the provision of these services.
‘’Dreamcardrivers’’ reserve the right to change our external partners without prior notice and our decision on services provided is final. If you are interested in becoming a partner in a specific country or number of countries then please fill in the ‘’Dreamcardrivers’’ contact form as a first point of call.
Application, Renewal & Removal of Membership
All members must join ‘’Dreamcardrivers’’ online and answer all required information, you will receive a confirmation email once the registration process is complete. A contract is formed at the point we send the email notification of membership.
Membership of ‘’Dreamcardrivers’’ is for an agreed set period and requires a renewal to continue the use of ‘’Dreamcardrivers’’; members are responsible for managing their membership, their information, the content that they add and the relationships they build on ‘’Dreamcardrivers’’.
Members may leave ‘’Dreamcardrivers’’ at any time but the membership shall continue to run for the agreed period, after which, if the membership is not renewed or upgraded the membership will be automatically cancelled and all member details automatically removed from ‘’Dreamcardrivers’’.
All network members agree to these terms and conditions on joining. Failure to adhere to these terms and conditions, formal complaints, or any action which could bring into disrepute the standing of ‘’Dreamcardrivers’’, the operation, or other members may result in a review of membership, suspension of membership or immediate removal of membership. This includes providing any false or misleading information when completing the membership form.
‘’Dreamcardrivers’’ reserves the right to remove, suspend or delete any member for any reason at any time without recourse or refund and any such decision taken will be at the sole discretion of ‘’Dreamcardrivers’’.
Data Protection and use of Personal Data
As a member of ‘’Dreamcardrivers’’ your data will be used for communication, marketing, statistical and analytical purposes and to administer your membership.
‘’Dreamcardrivers’’ is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience that you can get anywhere.
We use the information we collect about you to protect against credit card fraud, to provide a personalised experience, and to notify you about enhancements to ‘’Dreamcardrivers’’ and any offers or promotions that we believe you will want to know about.
All communications will be directly from ‘’Dreamcardrivers’’ without exception, we do not pass data to any third party at any time and for any reason. Any data provided is exclusively for the use of ‘’Dreamcardrivers’’ and its members.
If you wish to obtain a copy of any personal data held by us about you, then please make your request by using our contact form. Please note that you will be charged a fee of £20 for this service. You will be asked to provide proof of your identity and for information that might help to locate the data you are seeking.
If you believe that any of the information we hold concerning your membership is incorrect or out of date, please visit the website, log into ‘’Dreamcardrivers’’ and update your details.
Data protection via the website
We will make every effort to ensure that the information on our website is accurate. However, we cannot guarantee this and accept no liability for any information given via this website.
Even if data encryption is used, the security of information transmitted via the internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information by electronic means shall be borne solely and exclusively by such user and in no event, shall any such losses in whole or in part be borne by us.
We neither take, nor hold, any financial transaction data, all transactions are made on secure, known payment gateways through the Terms and Conditions provided by them.
‘’Dreamcardrivers’’ s does not sell, trade or rent your personal information to others, unless we have your specific consent to do so, we simply use the information we collect on our site to enhance your experience.
‘’Dreamcardrivers’’ reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.
Accuracy of information and limitation of liability
‘’Dreamcardrivers’’, as far as it is able, has taken all reasonable care that the content of this Network is correct and publishes such information in good faith. As a member of ‘’Dreamcardrivers’’, you acknowledge and accept that ‘’Dreamcardrivers’’ cannot and has not checked the accuracy of any information provided by its members and you accept that the information listings may include errors.
‘’Dreamcardrivers’’ will not be responsible for errors, omissions or any misleading information to the maximum extent permitted by applicable law whether by statute or otherwise. ‘’Dreamcardrivers’’ will not be liable to you or anyone under any circumstances for any loss or damage arising from the use of, or reliance on ‘’Dreamcardrivers’’, including any service or facility that it provides.
‘’Dreamcardrivers’’ GIVES NO WARRANTY OR GUARANTEE WHATSOEVER REGARDING THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED AT THIS WEBSITE. ANY WARRANTIES REGARDING SUCH INFORMATION, WHICH MAY BE IMPLIED BY LAW, STATUTE OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. Users are advised to check the accuracy of the information on this website, including dates of events with organisers and any additional information with the providers of the information.
‘’Dreamcardrivers’’ grants no warranties, whether expressed or implied, that ‘’Dreamcardrivers’’ is free from any errors, ‘’Dreamcardrivers’’ is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether expressed or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
‘’Dreamcardrivers’’ does not warrant that functions contained in the Network will be uninterrupted or error free, that any defects will be corrected, or that the Network or the server that makes it available are free of viruses or bugs. As a condition for your use of ‘’Dreamcardrivers’’ including any service or facility, you agree to indemnify ‘’Dreamcardrivers’’ from and against any liability, damage or loss that you or ‘’Dreamcardrivers’’ incurs or suffers as a result of any action, inaction or omission on your part.
Our liability to you will not extend to any membership related benefits, goods or services provided by an external provider or another member. We specifically exclude liability for any loss or damage suffered by you as a result of your involvement in whatever manner with an external provider, member or this website. Any decision made in relation to purchasing goods and/or services as a result of information obtained from ‘’Dreamcardrivers’’ is your sole responsibility.
Ownership, copyright and trademarks
The content of this website belongs exclusively to ‘’Dreamcardrivers’’, to the maximum extent permitted by applicable law, you or any other party may NOT copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any of ‘’Dreamcardrivers’’ content or services in any way except for your own personal use. You also agree not to adapt, alter or create a derivative work from any of the ‘’Dreamcardrivers’’ content even for your own personal, non-commercial use. Any use of this content requires the prior written permission of ‘’Dreamcardrivers’’.
The names, images and logos identifying ‘’Dreamcardrivers’’ and their products and services are subject to copyright, design rights and are to be classed as trademarks of ‘’Dreamcardrivers’’. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any licence or right to use any trademark, patent, design right or copyright of ‘’Dreamcardrivers’’.
Where you are invited to submit any contribution to ‘’Dreamcardrivers’’ (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant ‘’Dreamcardrivers’’ a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution into other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our policy, if you do not want to grant to us the rights set out above, please do not submit your contribution to ‘’Dreamcardrivers’’.
By submitting to ‘’Dreamcardrivers’’, you submit that all images, text and work provided is your own original work and or that you have the right to make it available to ‘’Dreamcardrivers’’ for the purposes specified and that this work is not defamatory and does not infringe any law.
By submitting contributions to ‘’Dreamcardrivers’’, you agree to fully indemnify ‘’Dreamcardrivers’’, and any of its services against all legal charges, fees, damages, and other expenses that may be incurred by our business as a result of your breach of any copyright, contractual or any other obligations or warrants or for any direct breach of these terms and conditions.
Some purchases through ‘’Dreamcardrivers’’ are handled by PayPal. A PayPal account is not required to make a purchase. All PayPal purchase are subject to PayPal’s Terms and Conditions.
Value Added Tax
All prices displayed on ‘’Dreamcardrivers’’ exclude Value Added Tax unless otherwise stated.
Credit Card Payment
If you are not using your own credit/debit card to pay for the membership subscription, you must ask the permission of the credit/debit card holder before entering the payment details.
When a purchase is made, you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Governing Law and Jurisdiction
These terms and conditions are governed by Belgian law. You hereby irrevocably submit to the exclusive jurisdiction of the Belgian courts notwithstanding the jurisdiction where you are based.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These terms and conditions may change at any time. The most recent published edition of these terms and conditions will be binding upon all members.
Members may exit the contract if they do not accept any proposed variation by ending their membership of ‘’Dreamcardrivers’’ at which point their membership shall remain inactive until such times as it automatically terminates.
‘’Dreamcardrivers’’ provide the ability for members to add their own events and to sell or provide their own tickets for the said events.
All tickets are emailed to the purchaser via ‘’Dreamcardrivers’’ to the email address they entered at the time of purchase, this must be the purchasing members email address.
Before booking onto an event, please ensure you have read the event details, locations and content to ensure the event will meet your needs.
When creating an event, you will need to enter your PayPal account ID to receive payment for your ticket, tickets will only be sent out by ‘’Dreamcardrivers’’ upon completed purchase.
‘’Dreamcardrivers’’ will not and shall not accept any liability under any circumstances for any and all events, the creation and delivery of events and the purchase of tickets is strictly between the event organiser and the person buying the said ticket. To this end you hereby agree to indemnify and hold fully indemnified ‘’Dreamcardrivers’’ against any purchase that you make using any of our systems at any time.
By creating an event or purchasing a ticket you agree to indemnify ‘’Dreamcardrivers’’ from and against any liability, damage or loss that you may incur in either the sale of the ticket and the organising of an event and against the purchase of a ticket to a member created event.
On occasion ‘’Dreamcardrivers’’, does make an agreed fee with relation to ticket sales, this fee does not form any legal agreement or liability with relation to the event, the fee is purely for administrational purposes and has nothing to do with any of the events or the liabilities associated to an event or ticket purchase.
‘’Dreamcardrivers’’ provide the ability for members to create and operate their own store/ shopping cart on ‘’Dreamcardrivers’’.
Whilst ‘’Dreamcardrivers’’ makes available the software platform that provides the shopping cart, ‘’Dreamcardrivers’’ is not responsible for any products sold on or purchased from the shopping cart, without exception and to this end by creating a shopping cart you agree to fully indemnify and keep indemnified ‘’Dreamcardrivers’’ from and against any liability, damage or loss that you or any purchaser may incur in the use of the said shopping cart software.
You as the member creating the shopping cart are without reservation the entity that is fully responsible and fully liable for any and all products or services that you add to your shopping cart and for any sales that you make using this shopping cart.
it is a requirement of ‘’Dreamcardrivers’’ that you must have in stock or have proven access to the stock, products or services that you are adding to the shopping cart and you accept that you and you alone are responsible and fully liable for any items you add, any sales that you make, any deliveries and any returns or liabilities that may ensue.
You are required to add your own payment gateways information in order to take payments for any sales or products directly. ‘’Dreamcardrivers’’ does not provide payment facilities for this service.
You must create and add your own terms and conditions for your shopping cart and to add a full returns policy before you start to promote or sell any items or services. The boxes to do this are provided in the store creation software.
The shopping cart provision is not a catalogue, you must only place items that you have to sell and manage the number of items you add to the system.
We do not provide a shipping service it is your responsibility to have a delivery service in place to deliver your products before you add products or items to sell.
By using ‘’Dreamcardrivers’’, you agree that any shopping cart, whilst on the Network and using the software provided on ‘’Dreamcardrivers’’, is not a part of the network without exception, it is your own independent business simply using the software to promote your products or services.
Nothing in these terms or in the provision of the shopping cart software constitutes as a partnership or working relationship. ‘’Dreamcardrivers’’ is simply providing access to a facility that you have chosen to use and you take full responsibility for how you use this service.
When or if buying any products on this service you understand and agree that you are buying the product or service from another member and not at any time from ‘’Dreamcardrivers’’, the relationship and legal standing of any purchase is solely between you the buyer and the other member as the seller. When purchasing any item it is your responsibility to ensure that the vendor / seller / other member is real and the product is available. To this end you hereby agree to indemnify and hold fully indemnified ‘’Dreamcardrivers’’ against any purchase that you make using any of our systems at any time.
‘’Dreamcardrivers’’ reserves the right to remove any product, item or service from any shopping cart and reserves the right to remove any shopping cart from the network without notice at any time at the sole discretion of ‘’Dreamcardrivers’’.
Network Copyright Policy
‘’Dreamcardrivers’’ believes in respecting and protecting the rights of intellectual property owners. This is not only a question of ethics, but also of law. Advances in electronic communication and technology, such as the Internet, have had a dramatic impact on the way ‘’Dreamcardrivers’’ and its associated businesses conducts business, and have greatly facilitated our access to a wide range of information and media. As a result, the risk of copyright infringement, either intentional or accidental, is of increasing concern.
The goal of this policy is to inform the users of our services on rules and procedures relating to copyright law compliance.
Referenced Copyright Laws
Copyright Act (Title 17 of the US Code) – Authorised in Article I of the US Constitution, which states that Congress is allowed to pass legislation “to promote the Progress of Science and useful Arts by security for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Digital Millennium Copyright Act of 1998 – This law provides recourse for owners of copyrighted materials who believe their rights have been infringed on the Internet.
• ‘’Dreamcardrivers’’ reserves the right to monitor end user systems and the content stored therein. ‘’Dreamcardrivers’’ also reserves the right to remove, delete, modify, or otherwise disable access to any materials found to be infringing on copyright.
• By reading this policy, a user of any of our services will indemnify and hold ‘’Dreamcardrivers’’ harmless for any breach of this policy or copyright law.
• No user of any of our services or visitors to any of our websites may reproduce any copyrighted or other work in violation of the law. Works are protected by US copyright law even if they were not produced in this country.
• Copyrighted materials in the US are not required by law to be registered, unlike patents and trademarks, and may not be required to carry the copyright symbol (©). Therefore, a copyrighted work may not be immediately recognisable. Assume material is copyrighted until proven otherwise.
• If a work is copyrighted, you must seek out and receive express written permission of the copyright holder to reproduce the copyrighted work in order to avoid violation.
• Copyrighted works include, but are not limited to: text (e.g. articles), images (e.g. photographs), graphics (e.g. logos), sound recordings (e.g. MP3s), video recordings (e.g. movies), or software programs.
• Users of our systems, our legal team, Internet Service Providers and Employees at ‘’Dreamcardrivers’’ are encouraged to monitor and report all instances and all breaches of actual or suspected copyright infringement to ?
All rights are reserved and no part of this network or any other associated websites under the ‘’Dreamcardrivers’’ umbrella of business may be copied, stored, reproduced, transmitted in any forms or by any means, without the written permission of ‘’Dreamcardrivers’’.
In compliance with the Digital Millennium Copyright Act (DCMA), ‘’Dreamcardrivers’’ will respond to all appropriate notices of copyright infringement. ‘’Dreamcardrivers’’ may, under appropriate circumstances, remove and/or disable access to material claimed to be infringing upon the intellectual property rights of ourselves or others and will initiate legal action where possible to protect our services without exception.
This policy governs the use of all ‘’Dreamcardrivers’’ Trademarks and Brands for any purpose.
‘’Dreamcardrivers’’ Trademarks may be used only as permitted by this policy. The following applies to all uses of ‘’Dreamcardrivers’’ businesses and Trademarks;
• The Wordmark is required on all official internal and external communications (excluding e-mail).
• All International and Domestic Partner Web sites must Display an official Logo of ‘’Dreamcardrivers’’ as provided.
• In all matters of Official Business, the company Colours of black and gold/yellow and/or Branded Elements (available on the Photo Library in the partners area) are required and must appear prominently.
• Use of the ‘’Dreamcardrivers’’ Trademarks in printed and electronic materials must conform to the brand requirements available in the partners area.
• No ‘’Dreamcardrivers’’ Trademark may be altered in any way that has not been approved in writing by ‘’Dreamcardrivers’’.
Prohibited Uses of ‘’Dreamcardrivers’’ Brands, Logos and Trademarks
Neither the name of ‘’Dreamcardrivers’’ nor any of its partners Trademarks, including the company Colours, may be used in any way that gives a false impression, is misleading, or could cause confusion regarding ‘’Dreamcardrivers’’ relationship with any person or entity. Specifically, neither the name of ‘’Dreamcardrivers’’ nor any Partners Trademark may be used to characterise ‘’Dreamcardrivers’’ user of a product or service, or as having conducted research relating to a commercial product or program, or in any other way to convey or imply the endorsement of a commercial product or service.
Neither the name of ‘’Dreamcardrivers’’ nor any Partners Trademark may be used in connection with any person, entity, product, or service with which the association could adversely affect ‘’Dreamcardrivers’’ image or standing or that would for any other reason be inappropriate for an International company.
If a violation of this policy is identified, ‘’Dreamcardrivers’’ will be required to work with the Legal Department to determine the action needed, which may include redesign and reprinting of materials, license removal, financial easing. With respect to all violations of this policy, ‘’Dreamcardrivers’’ reserves its right to seek appropriate remedies under applicable International and Local law.
Neither party shall be liable to the other for any delay or non-performance of its obligations by reason of matters beyond its control including, but not limited to, any act of terrorism, war, riot, civil commotion, compliance with any law or government order, fire, flood or storm, strikes, or any other industrial dispute, delay in transit, power failure, postal delay, or any event that cannot be reasonably be planned for or avoided.
Payment Gateway terms as required by Pay.NL
The following terms and conditions are required for use of the pay.NL payment gateway and are not a condition of use of our platforms.
General Conditions/Terms Pay.nl
Article 1- Definitions
Article 2- Corporate Identity/Entrepreneur
Article 3- Relevance
Article 4- Offer
Article 5- Agreement
Article 6- Right of Withdrawal
Article 7- Withdrawal Costs
Article 8- Exclusion Right of Withdrawal
Article 9- Pricing
Article 10- Conformity and Guarantees
Article 11- Delivery and Execution
Article 12- Length transactions: duration, termination and extension
Article 13- Payments
Article 14- Complaints
Article 15- Disputes
Article 16- Additional and Different Provisions
Article 17- General Conditions/Terms Post Payments
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Entrepreneur: the natural person or corporation who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
Article 2- Corporate Identity/Entrepreneur
Fortbaan 97 2900 Schoten (Belgie)
Chamber of commerce number: HRA 310881
VAT identification number: BE0455082527
Article 3- Relevance
These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
Article 4- Offer
If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
price inclusive taxes
possible costs of delivery
the manner in which the agreement has been concluded and the necessary signatures
whether to apply the right of withdrawal
the method of payment, delivery and performance of the contract
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price
the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
if the agreement after the conclusion is archived and if so how to consult it for the consumer
the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
any other languages, including Dutch, for the agreement
the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and
the minimum duration of the distance agreement in the event of a length transaction.
Article 5- The Agreement
The agreement is finalised, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalise a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
a. The address of the company for the consumer to file complaints
b. The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
c. Information about after sales guarantees and services
d. Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
e. The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
In case of a length transaction the previous clause e. is only applicable for the first delivery.
Article 6- Right of Withdrawal
Deliverance of products:
After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Deliverance of Services:
After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.
Article 7- Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 8- Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
a. Which are established by the entrepreneur according to specifications of the consumer
b. That they are clearly personal in nature
c. Which cannot be returned because of their nature
d. That can spoil or age quickly
e. Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
f. Individual newspapers and magazines
g. For audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for the following services:
a. Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period.
b. Whose delivery has begun with the express consent of the consumer before the consideration period has expired.
c. Concerning betting and lotteries
Article 9- Pricing
During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
a. These are the result of legal regulations or provisions; or
b. The consumer has the competence to terminate the agreement from the day the price increase takes effect.
The in the offer mentioned prices include VAT.
Article 10- Conformity and Guarantees
The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
Article 11- Delivery and Execution
The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
Taking into account what is stated in article 4 of the general conditions/terms , the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: [vul hier uw e-mailadres in]
Article 12- Length transactions: duration, termination and extension
The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products (electricity included) and services respecting the applicable termination rules of a notice of not more than one month.
The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products (electricity included) or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.
The consumer can in the agreements in the previous mentioned paragraph:
at all times terminate with no restrictions to terminate at a certain time or during a certain period
at least terminate in the same manner as they are entered into by him
at all times terminate with the same notice as the entrepreneur has obtained for himself.
An agreement which has been entered for a definite time and which extends to a regular delivery of products (including electricity) or services may not automatically be extended or renewed for a fixed duration.
Notwithstanding the previous paragraph an agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines may be extended automatically for a specified duration of three months. If the consumer can terminate this extended agreement at the end of the extension period with a notice of one month.
An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the consumer at any time terminate with a notice period of no more than one month and a notice period of no more than three months if the in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.
An agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically be extended and terminates automatically at the end of the trial or introductory period.
If an agreement has a duration period of more than one year, the consumer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.
Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 14- Complaints
The entrepreneur features a sufficiently publicised complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 15- Disputes
Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.
In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up to a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The ruling of this foundation is binding and both the consumer and the entrepreneur accept this binding ruling.
Article 16- Additional and Different Provisions
Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.
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