Algemene voorwaarden
General Terms and Conditions
Article 1 - Definitions In these general terms and conditions, the following definitions apply:
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Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
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Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
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Day: calendar day;
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Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
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Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
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Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
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Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products and/or services, in which, up to and including the conclusion of the contract, exclusive use is made of one or more means of remote communication;
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Means of remote communication: a tool that can be used to conclude an agreement without the consumer and entrepreneur being in the same space simultaneously.
Article 2 - Identity of the entrepreneur
Coffeelamp
Bernard Loderstraat
Email: coffeelamp@info.com
Article 3 - Applicability
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These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.
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If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 accessed electronically, and that they will be sent free of charge at the consumer’s request electronically or otherwise.
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If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always invoke the most favorable applicable provision.
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If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation without delay by a provision that approaches the original as closely as possible.
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Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
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Any ambiguity regarding the interpretation or content of one or more provisions of these terms should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
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If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
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The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
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The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
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All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
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Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
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The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
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If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
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If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
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The entrepreneur may, within legal limits, investigate whether the consumer can fulfill their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, based on 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.
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The entrepreneur shall provide the consumer with 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: a. The business address of the entrepreneur where the consumer can go with complaints; b. The conditions under which and the manner in which 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 requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
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In the case of a duration contract, the provision in the previous paragraph only applies to the first delivery.
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Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.