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Terms and Conditions
Article 1 - Definitions
In these conditions apply:
1. Entrepreneur: the person or entity providing products and / or services offered to consumers at a distance;
2. Consumer means a natural person not acting in the practice of professional or business and enter into a distance contract with the entrepreneur;
3. Distance contract: an agreement under which a system organized by the entrepreneur for distance selling of products or services, to conclude the agreement makes exclusive use of one or more means of distance communication;
4. Technology for distance communication: medium that can be used to conclude a contract, without consumer and business simultaneously in the same area have come together;
5. Grace period: The period during which the consumer can use his right of withdrawal;
6. Right of withdrawal: the ability for consumers within the grace period to get rid of the distance contract.
7. Day: calendar day
8. Transaction Duration: a distance contract relating to a range of products and / or services, the delivery and / or purchasing in the spread over time;
9. Durable medium: Any medium that enables the consumer of entrepreneur to save personal information in a way that future consultation or unaltered reproduction of the saved information allows.
Article 2 - Identity of the employer
Melt Beheer B.V. acting under the name / names: Matchboox
Residency & visiting address: Weg en Land 37d, 2661 ST in Bergschenhoek
Chamber of commerce number: KvK-nummer: 24357444
VAT identification number: NL812809816B01
Article 3 - Applicability
1. These general conditions apply to each offer from the entrepreneur and any agreement established from distant between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions will be available for consumers. If this isn’t possible, before the distance contract will be closed, the consument can take a look in the general conditions and at request of the consumer the conditions will be as quickly as possible sent free of charge.
3. If the distance contract is electronically closed, notwithstanding the previous paragraph and before the distance contract is closed, the text of these terms and conditions will be electronically made available to the consumer so that it can be easily stored on a durable medium. If this is not possible before the distance contract is concluded, there will be indicated where the general conditions electronically can be noted and that, at the request of consumer the conditions electronically or otherwise will be sent free of charge.
4. If these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer can, in the event of conflicting terms always refer to the applicable provision for the most favourable.
Article 4 - The Offer
1. If an offer has a limited duration or conditions of qualification, it will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to make a proper assessment of the offer by the consumer as possible. If the entrepreneur makes use of images, it means they are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Any offer contains information, that it is clear for consumers what the rights and obligations, to accepting the offer may apply. This concerns in particular:
* The price including taxes;
* the possible cost of delivery;
* how the agreement will be achieved and the actions they require;
* whether to apply the right of withdrawal;
* the method of payment, delivery or performance of the contract;
* The deadline for accepting the offer or the date for the maintenance of price;
* the level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate;
* if the agreement after the formation is archived, the consumers will know how to consult it.
* the way the consumer, before closing the agreement, can notify the unwanted acts and the way he can recover these. ;
* any language, beside Dutch, in which the agreement can be closed.
* The close of conduct in which the entrepreneur has subjected and the way the consumer can conduct electronic consult and;
* the minimum duration of the distance contract in case of an agreement which seeks the continuous or periodic delivery of products or services.
Article 5 - The contract
1. The agreement is established, subject to the provisions of paragrafh 4, the moment the consumer accepts the corresponding conditions
2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm it. Until receipt of this acceptance has not been confirmed, the consumer may cancel the agreement.
3. If the agreement is created electronically, the employer shall take appropriate technical and organizational measures to secure the electronic transfer of data and he will create a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
4. The entrepreneur can notify- within legal framework – if the consumer can pay, and all the facts and factors that are important for a distant contract. If the entrepreneur has good reasons not to enter the contract, he is entitled to a reasoned order or request to refuse or special conditions to the implementation.
5. The entrepreneur will send the following information by a product or a service to the consumer:
* a. the address of the establishment of the business where the consumer can visit,
* b. the conditions and the way the consumers can use the withdrawal right, or a clear message regarding the exclusion of the right of withdrawal;
* c. information about existing sales after service and guarantees;
* d. the information of these conditions in Article 4 paragraph 3, unless the entrepreneur already provided this information to the consumer before the execution of the contract;
* e. the requirements for termination of the agreement if the agreement has a duration exceeding one year or indefinite. 6. If the entrepreneur is committed to providing a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the agreement for 14 days without giving any reason. This period begins on the day after receiving the product by or on behalf of the consumer.
2. During this period, consumers will carefully handle the product and packaging. He will only unpack or use the product as necessary to assess whether the consumer want to hold the product. If he uses his right, he delivers the product with all fittings and - if reasonably possible - in the original condition and packaging to return to the entrepreneur, according to the employer provided reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, he will only have to pay for the shipping cost.
2. If the consumer has paid an amount, the entrepreneur pays this amount as soon as possible back, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be ruled by the entrepreneur submitted clearly in the offer, at least in time for the conclusion of the agreement stated.
2. Exclusion of the right of withdrawal is only possible for products:
* a. by the entrepreneur created in accordance with specifications of the consumer;
* b. that are clearly personal in nature;
* c. which by their nature can not be returned;
* d. which may deteriorate or expire rapidly;
* e. whose price depends on fluctuations in the financial market in which the entrepreneur's control;
* f. for loose papers and magazines;
* g. for audio and video recordings and computer software which the consumer has the seal broken.
3. Exclusion of the right of withdrawal is only possible for services:
* a. on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
* b. the supply with the express consent of the consumer has begun before the reflection has expired;
* c. betting and lotteries.
Article 9 - The price
1. During the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur does not control are variable prices. These fluctuations and the fact that any prices are quoted prices shall be stated in the offer.
3. Price within 3 months after the conclusion of the agreement shall only be permitted if they result from legislation or regulations.
4. Increases from 3 months after the conclusion of the contract are permissible only if the employer has negotiated and:
* a. these are the result of legislation or regulations, or
* b. the consumer has the power to terminate at the date the increase takes effect.
5. The supply of products or services mentioned prices include VAT.
Article 10 - Compliance and Warranty
1. The trader warrants that the products and / or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of quality and suitability for purpose and the date of the conclusion of the agreement existing legal provisions and or government regulations.
2. By the trader, manufacturer or importer as a guarantee scheme does not affect the rights and claims that consumers in respect of a failure to perform the obligations of the employer against the employer may make under the law and / or the distance.
Article 11 - Delivery and implementation
1. It will be the utmost respect to the receipt and the execution of orders and products in assessing applications for 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 Conditions, the Company accepted orders expeditiously but not later than 30 days unless a longer run delivery has been agreed. If the delivery is delayed, or if an order is not or almost complete, the consumer receives a message, no later than one month after he has placed the order. Consumers in that case have the right to terminate the contract without penalty and be entitled to any compensation.
4. In the event of termination in accordance with the preceding paragraph, the entrepreneur will repay the amount that consumers paid as soon as possible but no later than 30 days after termination.
5. If delivery of an ordered product seems to be impossible, the entrepreneur will strive for a alternate item. It will be reported when the alternate item is delivered
6. Replacement items can not be excluded from the right of withdrawal. The cost of return shipment are borne by the entrepreneur.
7. The risk of damage and / or loss of products is based to the time of delivery to consumers in the business, unless otherwise expressly agreed.
Article 12 - Duration Transactions
1. The consumer may cancel the contract for an indefinite period of time, denounce this purpose agreed rules and a termination notice period of not exceeding one month.
2. A contract for definite period has a duration of maximum two years. If it is agreed that failure by the consumer distance contract will be renewed, the contract will continue as a permanent contract after the notice period and will continue the contract up to a month.
Article 13 - Payment
1. Unless subsequently agreed by the consumer, the sums to be paid within fourteen days after delivery of the goods or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this Agreement.
2. When selling products to consumers in general conditions may never be an advance of more than 50% be achieved. Once payment has been stipulated, the consumer may not assert any rights regarding the implementation of the relevant order or service (s) before the advance payment has been made.
3. The consumer has a duty to report inaccuracies in data supplied or specified payment immediately to the operator.
4. In case of default by the consumer, the operator has the right, unless legal restrictions, to reveal the reasonable costs to the consumer.
Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints procedure and resolves the complaint under this procedure.
2. Complaints about the implementation of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has found the defects.
3. Complaints will be answered within a period of 14 days from the date of receipt. If a complaint requires alonger processing time, the entrepreneur will give notice of a receipt within a period of 14 days and an indication if the consumer can expect a more detailed answer.
4. If the complaint can’t be resolved by mutual agreement, it creates a dispute that is subject to dispute.
Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer which these general conditions apply, only Dutch law.
Article 16 - Additional or different terms
Additional or different terms and conditions of these provisions should not disadvantage the consumer and should be in written form or in such a way that it can be stored on a durable medium given.