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General Terms

The legally binding text is in Dutch.

This is a translation of the Dutch original. If the two texts differ, the Dutch text prevails.

  • 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: Costs in case of withdrawal
  • Article 8: Exclusion of the right of withdrawal
  • Article 9: The price
  • Article 10: Conformity and warranty
  • Article 11: Delivery and performance
  • Article 12: Continuing performance contracts: duration, termination and renewal
  • Article 13: Payment
  • Article 14: Complaints procedure
  • Article 15: Disputes
  • Article 16: Additional or deviating provisions

Article 1: Definitions

In these terms and conditions the following definitions apply:

  • Cooling-off period (bedenktijd): the period within which the consumer can exercise his right of withdrawal; Read all about the cooling-off period
  • Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuing performance contract (duurtransactie): a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  • Durable medium (duurzame gegevensdrager): any means that enables the consumer or the entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal (herroepingsrecht): the consumer's option to withdraw from the distance contract within the cooling-off period;
  • Model withdrawal form (modelformulier): the model withdrawal form made available by the entrepreneur, which a consumer can complete when he wishes to exercise his right of withdrawal.
  • Entrepreneur (ondernemer): the natural person or legal entity offering products and/or services at a distance to consumers;
  • Distance contract (overeenkomst op afstand): a contract concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
  • Means of distance communication (techniek voor communicatie op afstand): a means that can be used to conclude a contract without the consumer and the entrepreneur having to be in the same room at the same time.
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2: Identity of the entrepreneur

PerfectWelding
Jean louis pissuisestraat 23

7558LT Hengelo
The Netherlands

T 0618177682
E Matthijsbrand@perfectwelding.nl
KVK85191183
VAT number NL046064206B46

Article 3: Applicability

  • These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order 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 not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  • If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
  • If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions the consumer may always rely on the applicable provision that is most favourable to him.
  • If one or more provisions in these general terms and conditions are at any time wholly or partly void or are annulled, the contract and these terms and conditions will otherwise remain in force, and the provision in question will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
  • Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
  • Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4: The offer

  • If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  • The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  • The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  • All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
  • Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the real colours of the products.
  • Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • any shipping costs;
  • the way in which the contract will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and performance of the contract;
  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the contract will be archived after it is concluded, and if so, in what way it can be consulted by the consumer;
  • the way in which the consumer, before concluding the contract, can check the data he has provided in the context of the contract and, if desired, correct it;
  • any other languages, besides Dutch, in which the contract can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5: The agreement

  • Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.
  • If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
  • If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
  • Within legal frameworks, the entrepreneur may inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
  • The entrepreneur will send the following information along with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
  • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded;
  • the information about warranties and existing after-sales service;
  • the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before performance of the contract;
  • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
  • In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
  • Every contract is entered into subject to the condition precedent (opschortende voorwaarde) of sufficient availability of the products concerned.

Article 6: Right of withdrawal

When delivering products:

  • When purchasing products, the consumer has the option to dissolve the contract without giving reasons during 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.
  • During the cooling-off period the consumer will handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must give this notification by means of the model form or by another means of communication such as email. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods supplied were returned in time, for example by means of proof of dispatch.
  • If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not notified that he wishes to exercise his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

When providing services:

  • When providing services, the consumer has the option to dissolve the contract without giving reasons during at least 14 days, starting on the day the contract is entered into.
  • To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7: Costs in case of withdrawal

  • If the consumer exercises his right of withdrawal, at most the costs of returning the product are for his account.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web shop owner or that conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer expressly consents to another payment method.
  • In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any diminished value of the product.
  • The consumer cannot be held liable for diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.

Article 8: Exclusion of the right of withdrawal

  • The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the contract is concluded.
  • Exclusion of the right of withdrawal is possible only for products:
  • that have been made by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • that by their nature cannot be returned;
  • that can spoil or age quickly;
  • whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygiene products of which the consumer has broken the seal.
  • Exclusion of the right of withdrawal is possible only for services:
  • concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
  • the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
  • concerning bets and lotteries.

Article 9: The price

  • During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  • Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
  • Price increases within 3 months after the contract is concluded are permitted only if they result from statutory regulations or provisions.
  • Price increases from 3 months after the contract is concluded are permitted only if the entrepreneur has stipulated this and:
  • they result from statutory regulations or provisions; or
  • the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
  • The prices stated in the offer of products or services include VAT.
  • All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10: Conformity and warranty

  • The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
  • A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.
  • Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in their original packaging and in new condition.
  • The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  • The warranty does not apply if:
  • the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11: Delivery and performance

  • The entrepreneur will observe the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
  • The place of delivery is the address that the consumer has made known to the company.
  • Subject to what is stated in paragraph 4 of this article, the company will perform accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can be performed only partially, the consumer will be notified of this no later than 30 days after he placed the order. In that case the consumer has the right to dissolve the contract without charge. The consumer is not entitled to compensation.
  • All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
  • In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
  • If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
  • The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12: Continuing performance contracts: duration, termination and renewal

Termination

  • The consumer may terminate a contract entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the termination rules agreed for that purpose and a notice period of no more than one month.
  • The consumer may terminate a contract entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to the termination rules agreed for that purpose and a notice period of no more than one month.
  • The consumer may, in respect of the contracts referred to in the previous paragraphs:
  • terminate them at any time and not be limited to termination at a particular time or in a particular period;
  • terminate them at least in the same way as they were entered into by him;
  • always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Renewal

  • A contract entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
  • Notwithstanding the previous paragraph, a contract entered into for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed duration of a maximum of three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.
  • A contract entered into for a fixed period and which provides for the regular delivery of products or services may be tacitly renewed for an indefinite period only if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of a contract providing for the regular, but less than once a month, delivery of daily newspapers, weekly newspapers and magazines.
  • A contract of limited duration for the regular delivery of daily newspapers, weekly newspapers and magazines on a trial or introductory basis (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  • If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13: Payment

  • Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
  • The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
  • In the event of default by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the reasonable costs made known to the consumer in advance.

Article 14: Complaints procedure

  • The entrepreneur has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
  • Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 2 months after the consumer has discovered the defects.
  • Complaints submitted to the entrepreneur will be answered within 14 days, counted from the date of receipt. If a complaint is foreseeably going to require a longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
  • If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  • In the event of complaints, a consumer must first contact the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its ruling is binding and both the entrepreneur and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs which the consumer must pay to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  • A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  • If the entrepreneur finds a complaint to be well-founded, the entrepreneur will, at its option, either replace the delivered products free of charge or repair them.

Article 15: Disputes

  • Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.
  • The Vienna Sales Convention (Weens Koopverdrag) does not apply.

Article 16: Additional or deviating provisions

Provisions that are additional to or deviate from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.