General terms & conditions
General Terms and Conditions
Table of Contents:
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 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
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;
3.Day: calendar day;
4.Duration transaction: a remote agreement relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or Carpylights to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6.Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal provided by Carpylights which a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Agreement at a distance: an agreement whereby, within the framework of a system organized by Carpylights for the sale at a distance of products and/or services, up to and including the closing of the agreement, use is made exclusively of one or more techniques for communication at a distance;
Technique for communication at a distance: means that can be used for closing an agreement, without the consumer and Carpylights having met simultaneously in the same room.
General Terms and Conditions the present General Terms and Conditions of the Entrepreneur.
Article 2 – Identity of the entrepreneur
Carpylights
Twiiver 5
1606 BT VENHUIZEN
06-82435602
Info@m2baitandtackle.com
Article 3 – Applicability
These general terms and conditions apply to any offer made by Carpylights and to any agreement reached at a distance and orders placed between Carpylights and the consumer.
2.Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is closed, it will be indicated that the general conditions can be viewed at Carpylights and that they will be sent free of charge as soon as possible at the consumer’s request.
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 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 medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is the most favourable to him.
If one or more provisions in these general conditions at any time are invalid or annulled in whole or in part, the agreement and these conditions will remain in force for the rest and the provision in question will be replaced immediately in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.
6.Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
7.Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted in the spirit of these terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2.The offer is without obligation. Carpylights is entitled to change and adapt the offer.
3.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. When Carpylights makes use of images these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind M2 Bait and Tackle.
4.All images, specifications data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Carpylights cannot guarantee that the colors displayed will exactly match the true colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. In particular, this concerns:
Optional: available sizes, colors, type of materials.
Article 5 – The agreement
1. The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, Carpylights will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by M2 Bait and Tackle, the consumer can dissolve the agreement.
If the agreement is established electronically, Carpylights will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, Carpylights will take appropriate safety measures.
Carpylights can – within legal frameworks – inform itself whether the consumer can fulfill his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the remote agreement. If Carpylights has good reasons, based on this research, not to enter into the agreement, it has the right to refuse an order or request or to attach special conditions to the execution.
Carpylights will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the visiting address of the establishment of Carpylights where the consumer can address his complaints;
b. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless Carpylights has already provided this data 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.
6.In the case of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
7.Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
Upon delivery of products:
When providing services:
Article 7 – Costs in case of withdrawal
1.If the consumer makes use of his right of withdrawal, the costs of return shipment shall be borne by him, as well as the costs of outward shipment. Carpylights will only reimburse the cost of the returned items.
In case the consumer has paid an amount, Carpylights will refund this amount as soon as possible, yet at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.
3. Carpylights will only reimburse the shipping costs for a return/reshipment if a product is defective and/or faulty. If Carpylights cannot replace the product, Carpylights will reimburse all costs made for the delivery of the ordered products, unless a shipment consists of multiple items. If multiple items were delivered, Carpylights will only reimburse the cost of the defective product.
Article 8 – Exclusion of right of withdrawal
Carpylights can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if Carpylights clearly mentioned it in the offer, or at least in time before closing the agreement.
2.Exclusion of the right of withdrawal is only possible for products:
a. that have been realized by Carpylights according to the specifications of the consumer;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that may spoil or age rapidly;
e. whose price is subject to fluctuations in the financial market over which Carpylights has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. For hygienic products where the consumer has broken the seal.
3.Exclusion of the right of withdrawal is only possible for services:
a. concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. whose delivery has begun with the consumer’s express consent before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9 – The price
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, Carpylights can offer products or services of which the prices are subject to fluctuations in the financial market and on which Carpylights has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Increases in price from 3 months after the conclusion of the agreement are only allowed if Carpylights has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the power to terminate the contract from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6.All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing errors, Carpylights is not obligated to deliver the product according to the incorrect price.
Article 10 – Compliance and Warranty
Article 11 – Delivery and execution
Carpylights will take the utmost care when receiving and executing orders of products and when evaluating 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 paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after the order was placed. In this case, the consumer has the right to terminate the contract without charge. The consumer is not entitled to compensation.
4.All delivery times are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a deadline does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, Carpylights will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, Carpylights will make an effort to provide a substitute article. No later than at the time of delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products lies with Carpylights until the moment of delivery to the consumer or a representative designated in advance and made known to M2 Bait and Tackle, unless explicitly agreed otherwise.
Article 12 – Duration transactions: duration, termination and renewal
Notice
The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3.The consumer can make the agreements mentioned in the previous paragraphs:
Extension
4.A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5.Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer agreement that has been extended towards the end of the extension may be terminated with a notice of up to one month.
A contract for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice of up to one month and a notice of up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness resisting the termination before the end of the agreed term.
Article 13 – Payment
1. Insofar as not otherwise agreed upon, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In the case of a contract to provide a service, this period shall begin after the consumer receives confirmation of the contract.
The consumer has the duty to report any inaccuracies in payment data provided or mentioned immediately to M2 Bait and Tackle.
In case of non-payment of the consumer, Carpylights has the right, barring legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Carpylights has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2.Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days, after the consumer has found the defects.
Complaints submitted to Carpylights will be answered within a period of 14 days counting from the date of receipt. If a complaint requires a foreseeable longer processing time, Carpylights will respond within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed answer.
4.If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute resolution procedure.
Complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur(www.webwinkelkeur.nl), who will mediate free of charge. If a solution is still not found, the consumer has the possibility to have his complaint handled by Stichting GeschilOnline, the verdict of which is binding and both Carpylights and the consumer agree to this binding verdict.
A complaint does not suspend the obligations of M2 Bait and Tackle, unless Carpylights indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, Carpylights will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between Carpylights and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer resides abroad.
2.The Vienna Sales Convention shall not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
