Terms and conditions

Article 1 – Definitions

In these terms and conditions the definition of the following terms is:

Entrepreneur: the natural or legal person who offers products and / or services to consumers by distance;

Consumer: the natural person not acting in the exercise of profession or a business and is closing a distance contract with the entrepreneur;

Distance contract: an agreement in the context of a distance selling system of products and / or services organized by the entrepreneur until the conclusion of the agreement with exclusive use of one or more means of distance communication;

Technology for distance communication: tools that can be used to conclude a contract, without the consumer and trader being together in the same room;

Grace period: The period within which the consumer can exercise his right of withdrawal;

Right of withdrawal: the ability for consumers to waive the closing of the contract at distance within the grace period of the contract;

Day: Calender day;

Durable data carrier: any device that enables the consumer or entrepeneur to store information directed to him personally in a way that future consultation and unaltered reproduction of the stored information is possible.

 

Article 2 – Identity of the entrepreneur

Owner: Paul ter Schure

Flexbounce

Keizersgracht 184
1016 DW Amsterdam
The Netherlands
Tel. +31 (0)20 846 06 76 Mo-Fr: 08.00-17.00
info@flexbounce.com
Chamber of Commerce 58959270
VAT-NL58959270

 

Article 3 – Applicability

These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between entrepeneur and consumers.

Before concluding a distance contract, the text of these general Terms and Conditions will be available to the consumer. If this is not reasonably possible before the contract is concluded at a distance, the consumer will be informed that the general terms and conditions are on display at the entrepreneur office and can be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions is made available electronically to the consumer in such a way that the consumer can store them in a simple way on a durable data storage medium. If this is not reasonably possible, before the distance contract is closed, the consumer will be informed where cognizance of the general terms and conditions can be taken electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

In the event that besides these general terms and conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer can, in case of conflicting terms always rely on the applicable provision most favorable to him.

 

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer includes a complete and accurate description of the products and / or services being offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses images they are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are not binding.

Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This concerns in particular:

  • the price including taxes;
  • the possible costs of delivery;
  • how the agreement will be achieved and which actions it requires;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery or performance of the contract.

 

Article 5 – The contract

The agreement is subject to the provisions of paragraph 4, concluded at the time when the consumer accepts the offer and meet the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm by electronic way the receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may cancel the agreement.

The entrepreneur will send to the consumer together with the product or service the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:

  • a. the address of the office of the entrepeneur where consumers can lodge complaints;
  • b. under which conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • c. information on existing after sales service and guarantees;
  • d. the data included in article 4 paragraph 3 of these conditions, unless the operator already provided this information to the consumer prior to concluding the contract.

 

Article 6a – Right of withdrawal upon delivery of products

When purchasing products, the consumer can terminate the contract without giving any reasons within seven working days. This period commences on the day following receipt of the product by or on behalf of the consumer.

During this period the consumer will carefully handle the product and packaging. He will only unpack or use the product as necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.

 

Article 6b – Right of withdrawal when services are supplied

Upon delivery of services the consumer can terminate the contract without giving any reasons within seven working days, commencing on the date of entering into the agreement.

 

To use his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepeneur when offering and/ or latest when delivering.

 

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the amount will not exceed the return shipping costs.

 

If the consumer has paid some amount, the entrepreneur refunds this amount as soon as possible but no later than 30 days after the return or cancellation.

 

Article 8 – Exclusion of right of withdrawal

If the consumer does not have a right of withdrawal this only can be excluded by the entrepreneur if the entrepreneur 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 are established by the entrepreneur to the consumer’s specifications;

b) which are clearly personal in nature;

c) which can not be returned due to their nature;

d) which spoil or become obsolete;

e) which price depends on fluctuations in the financial market on which the entrepreneur has no influence;

f) for individual newspapers and magazines;

g) for audio and video recordings and computer software from which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

a) on accommodation, transport, catering or leisure services on a certain date or during a given period;

b) of which the supply started with the express consent of the consumer before the period of the right of withdrawal has expired;

c) on betting and lotteries.

 

Article 9 – The price

During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes resulting from changes in tax rates.

 

In derogation from the preceding paragraph, the entrepeneur can offer products or services which prices are subject to fluctuations in the financial market or which are not in control by the entrepreneur at variable prices. These subjects to fluctuations and the fact that quoted prices are target prices, will be mentioned with the offer.

 

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result from legislation or regulations.

 

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

 

a) they are the result of legislation or regulations; or

b) the consumer is authorized to terminate the agreement at the date the increase takes effect.

The prices quoted in the offer of products or services include VAT.

 

Article 10 – Compliance and Warranty

The Entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.

 

An as warranty offered agreement by the entrepreneur, manufacturer or importer does not affect the rights and claims that consumers in respect of a failure to fulfill the obligations of the entrepeneur can claim against the entrepeneur under the law and / or the distance contract.

 

Article 11 – Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for services.

 

The place of delivery is the address that the consumer has communicated to the company.

 

Subject to what is stated in Article 4 of these terms and conditions, the company will process accepted orders with due speed and latest within 30 days unless a longer delivery period has been agreed upon. If delivery is delayed or if an order has not or only partially been carried out, the consumer will be given notice no later than one month after he has placed the order. The consumer in this case has the right to terminate the contract without penalty and be entitled to potential compensation.

 

In case of dissolution in accordance with the preceding paragraph, the entrepeneur will refund the amount the consumer paid as soon as possible but no later than 30 days after dissolution.

 

If delivery of an ordered product proves impossible, the entrepeneur will endeavor to provide a replacement article. Latest at delivery will be mentioned in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The cost of return shipment shall be borne by the entrepreneur.

 

The risk of damage and / or loss of products until the time of delivery to the consumer lays at the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – Timing of transactions

The consumer can always denounce a contract for an indefinate period when following the applicable termination rules and giving term of notice of not more than one month.

 

A contract for a definite period has a maximum duration of two years. If it is agreed that by tacit of the consumer the distance contract will be extended the contract shall be continued as a contract of indefinite duration and the notice term of the contract will be maximum a month.

 

Article 13 – Payment

Unless later agreed the amount owed by the consumer has 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.

 

When selling products to consumers in the general terms and conditions an advance payment of more than 50% is never allowed. If prepayment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.

 

The consumer has the duty to promptly inform the entrepeneur about inaccuracies in data supplied or in payment details.

 

In the event of default by the consumer, the entrepeneur, subject to statutory limitations, has the right to charge the reasonable costs which has been made known in advance to the consumer.

 

Article 14 – Complaints procedure

The entrepreneur has a well-publicized complaints procedure and deals with complaints in accordance with this procedure.

 

Complaints about the performance of the contract must be promptly, fully and clearly described submitted to the entrepreneur, after the consumer has discovered the defects.

 

Complaints submitted at the entrepreneur are being answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, then the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 15 – Additional or different terms

None, d.d. 1 November 2015