Terms and Conditions
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Table of Contents
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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 Right of Withdrawal
Article 9 - Price
Article 10 - Conformity and Guarantee
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Different Terms
Article 17 - Changes to the General Terms and Conditions
Article 18 - Supplementary or Deviating Provisions
Article 19 - Version and Applicability of the General Terms and Conditions
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Identity of the Entrepreneur
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Visible Wear
Zeegstraat 30
5541EX Reusel
Netherlands
T (061) 459-9856
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Chamber of Commerce: 92048757
VAT number: NL865865231B01
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Applicability
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1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
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2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer free of charge upon request as soon as possible.
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3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
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4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
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5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force, and the relevant provision will be replaced by mutual agreement as soon as possible.
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6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
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7. Ambiguities about the interpretation or content of one or more provisions of our conditions must be explained 'in the spirit' of these general terms and conditions.
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The Offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
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The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within the law - 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 distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will send 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, along with the product or service:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price, including all taxes on the product or service; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
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Right of Withdrawal
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When delivering products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
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Costs in Case of Withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of returning the goods are at most for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
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Price
1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices
are 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:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
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Conformity and Guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
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Delivery and Execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
5. 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 announced to the entrepreneur, unless expressly agreed otherwise.
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Duration Transactions: Duration, Termination, and Extension
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Termination:
1. The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time in accordance with the agreed termination rules and a notice period of at most one month.
2. The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term in accordance with the agreed termination rules and a notice period of at most one month.
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Payment
1. Unless otherwise stipulated in the agreement or additional 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 the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been 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 duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a 14-day period to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him, which are in reasonable proportion to the amount of the claim, with a minimum of € 40.00.
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Complaints Procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice 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 is subject to the dispute settlement procedure.
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Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur can be submitted to the competent court.
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Additional or Different Terms
Any deviations from these general terms and conditions are only valid if agreed in writing between the consumer and the entrepreneur.
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Changes to the General Terms and Conditions
The entrepreneur reserves the right to make changes to these general terms and conditions. Changes will only take effect after they have been communicated in an appropriate manner, taking into account a reasonable notice period for the consumer.
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Supplementary or Deviating Provisions
Supplementary provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
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Version and Applicability of the General Terms and Conditions
The version of the general terms and conditions that applied at the time of the conclusion of the agreement will apply.