Terms and conditions

General Terms and Conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the trader

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 the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Duration transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or take delivery of which is spread over time;
Durable medium: any medium that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and reproduction of the stored information in an unaltered form.
Right of withdrawal: the consumer's right to withdraw from the distance contract during the cooling-off period;
Model form: the model form for withdrawal provided by the trader, which the consumer can complete when they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded in the context of a system organised by the trader for the distance sale of products and/or services, exclusively using one or more distance communication techniques up to and including the conclusion of the contract;
Distance communication technique: a means that can be used to conclude a contract without the consumer and trader meeting simultaneously in the same place.
General Terms and Conditions: the trader's General Terms and Conditions.

Article 2 - Identity of the trader

Pranina

Derckxweg 16

NL-5944 BW Arcen

Telephone number: +31645462282 (Monday to Friday from 9 am to 5 pm)

Email address: mail @pranina.com

Chamber of Commerce number: 54266904

VAT identification number: NL002376522B69

Article 3 - Applicability

These general terms and conditions apply to any offer made by the trader and to any distance contract concluded and any orders placed between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader's premises and shall be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed by electronic means and that they shall be sent to the consumer free of charge by electronic means or otherwise upon request.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the contract and these terms and conditions shall remain in force in all other respects and the provision in question shall be replaced as soon as possible by agreement between the parties with a provision that approximates the original purpose as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.
The offer is non-binding. The trader is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a faithful representation of the products and/or services offered. Obvious misunderstandings or obvious errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and may not give rise to a claim for damages or rescission of the contract.
Images accompanying products are a faithful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what their rights and obligations are in accepting the offer. This includes in particular:
the price including taxes;
any shipping costs;
the manner in which the contract will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period during which the trader guarantees the price;
the rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the communication medium used;
whether the contract is archived after conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check and, if desired, correct the data they have provided in connection with the contract before the contract is concluded;
any other languages in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the trader has submitted and the manner in which the consumer can access these codes of conduct by electronic means; and
the minimum duration of the distance contract in the event of a duration transaction.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached thereto.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall provide a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures to that effect.
The trader may - within legal limits - ascertain whether the consumer can fulfil their payment obligations, as well as all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
The trader shall send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the product or service offered to the consumer:
the visiting address of the trader's premises where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about warranties and existing after-sales service;
the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.
In the event of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the suspensive conditions that the relevant products are sufficiently available.

Article 6 - Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to rescind the contract without stating reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative previously designated by the consumer and notified to the trader receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must notify the trader using the model form. After the consumer has notified the trader of their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by providing proof of shipment.
If the customer has not notified the trader of their intention to exercise their right of withdrawal or has not returned the product to the trader within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, they shall bear at most the costs of return.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund shall be made using the same payment method used by the consumer unless the consumer expressly gives permission for a different payment method.
If the product is damaged due to careless handling by the consumer themselves, the consumer is liable for any reduction in the product's value.
The consumer cannot be held liable for a reduction in the product's value if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least before the contract is concluded.
The right of withdrawal may only be excluded for products:
that are created by the trader according to the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or deteriorate quickly;
whose price is subject to fluctuations in the financial market over which the trader has no control;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.
The right of withdrawal may only be excluded for services:
relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
relating to bets and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing – and typesetting errors. No liability is accepted for the consequences of printing – and typesetting errors. In the event of printing – and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness for purpose and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the consumer's statutory rights and remedies that they may assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported in writing to the trader within 2 months of delivery. The products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves and/or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the trader's instructions and/or the instructions on the packaging;
The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Performance

The trader will exercise the utmost care when receiving and performing orders for products and when assessing requests for the provision of services.
The place of delivery is the address provided by the consumer to the company.
Subject to what is stated in paragraph 4 of this article, the company will perform accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement without incurring any costs. The consumer has no right to compensation.
All delivery periods are indicative. The consumer may not derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of rescission in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after rescission.
If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement product available. No later than delivery, it will be clearly and understandably stated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment are borne by the trader.
The risk of damage and/or loss of products rests with the trader until delivery to the consumer or a representative designated in advance and known to the trader, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination and Extension

Termination

The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services at any time before the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:

terminate the agreements mentioned in the previous paragraphs at any time, and termination is not limited to a specific time or period;
at least terminate them in the same manner as they were entered into;
always terminate them with the same notice period as the trader has agreed for themselves.

Extension

An agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months in the event that the agreement provides for the regular delivery of daily, news, and weekly newspapers and magazines less than once a month.
An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs disclosed in advance to the consumer.

Article 14 - Complaints Procedure

The trader has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the trader within 2 months of the consumer discovering the defects, fully and clearly described.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual consultation, a dispute will arise that is subject to the dispute resolution procedure.
In the event of a complaint, the consumer should first contact the trader. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions apply. Even if the consumer is resident abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier.

Model Withdrawal Form

(only fill out and return this form if you wish to rescind the agreement)

To
PRANINA
Derckxweg 16
5944 BW Arcen
mail @ pranina.com
06-45462282

— I/We (*) hereby inform you that I/we (*) rescind/rescinds (*) our agreement regarding the sale of the following goods/provision of the following service (*):

— Ordered on (DD-MM-YYYY) : — Order number :

— Received on (DD-MM-YYYY):

— Name/Names of consumer(s)

— Address of consumer(s) :

— IBAN Account number:

— Signature of consumer(s) (only if this form is submitted on paper)

— Date (DD-MM-YYYY):

(*) Cross out what does not apply.