TERMS AND CONDITIONS

Index:
Article   1 - Definitions
Article   2 - Entrepreneur's identity
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 right of withdrawal
Article   9 - The price
Article 10 - Warranty 
Article 11 - Delivery and execution
Article 12 - Personal data
Article 13 - Payment
Article 14 - Defects
Article 15 - Disputes

Article 1 - Definitions 
In these terms and conditions, the following definitions apply:

• Reflection period:: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract with regard to a series of products, of which the delivery and/or purchase obligation is spread over time;
• Durable data carrier: any means that enables the consumer or 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: the option for the consumer to waive the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for distance selling of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

 

Article 2 - Identity of the entrepreneur

Plevier 
Watermolen 31A
4751 VK Oud-Gastel
The Nederlands
+31165510081
E-mail: info@plevier.net 
Chamber of Commerce: KvK-nummer 20068357
VAT: NL155315250B01 

Article 3 - Applicability

• These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
• 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 are made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the agreement is concluded remotely, indicate where the general terms and conditions can be taken electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.
  
• In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting 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 explicitly stated in the offer.
• The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  
• Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
• • the price including taxes;
  • any delivery costs;
  • the manner in which the agreement will be concluded and the actions required for it;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • 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 technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication;
  • whether the agreement is archived after its conclusion, and if so how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the contract, can check and, if desired, recover the data provided by him under the contract;
  • any other languages in which, in addition to Dutch, the agreement 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 event of a life transaction.
  

Article 5 - The agreement

• Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and fulfillment of the conditions set thereby.
• If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically acknowledge receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  
• If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  
• The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  
• The entrepreneur will provide the following information with the product  to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of      withdrawal;
c. information about warranties and existing after-sales service;

d. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

• In the event of a life transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

• 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 exercises his right of withdrawal, he will return the product with all accessories supplied 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.

 

Article 7 - Costs in case of withdrawal

• If the consumer exercises his right of withdrawal, the delivery costs come, with the exception of any additional costs resulting from the choice of the consumer for a method of delivery other than the cheapest standard delivery offered by the entrepreneur, at most the costs of return on behalf of the entrepreneur.
• 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.

 

Article 8 - Exclusion of right of withdrawal

• The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided 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.
• Exclusion of the right of withdrawal is only possible for products:

a. which have been established by the entrepreneur in accordance with consumer specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

 

Article 9 - The price

• During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
• By way of derogation from the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This commitment to fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
• Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

• The prices mentioned in the range of products include VAT.

 

Article 10 - Warranty

• The entrepreneur guarantees that the products meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
• A guarantee provided by the entrepreneur does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

 

Article 11 - Delivery and implementation

• The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications 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 Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive a message no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and to any compensation.
• In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
• If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. 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 pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Personal data

• The entrepreneur processes the consumer's personal data in accordance with the privacy statement published on the website www.plevierbusinessbags.com.

 

Article 13 - Payment

• Unless otherwise agreed, the amounts due by the consumer must be paid in advance. Goods are only shipped after verification of the payment made by the customer.
• The consumer has the obligation to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
• In the event of default by the consumer, the entrepreneur has the right to charge the reasonable costs previously disclosed to the consumer, subject to legal restrictions.

 

Article 14 - Defects

• The customer must notify the entrepreneur within 2 months after discovery of the defect, the entrepreneur will respond to any complaints within 3 days.
• If the entrepreneur considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the consumer. The maximum compensation is equal to the price paid by the consumer over the product. Consumer may not try to repair the product themselves.