Table of contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
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 - Performance and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
1. withdrawal period: the period within which the consumer can make use of his right of withdrawal
2. consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur
3. day: calendar day;
4. continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;
5. durable medium: any means that enables the consumer or trader to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
6) Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
7. entrepreneur: the natural or legal person who offers goods and/or services to the consumer at a distance;
8. distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance selling of products
A distance contract: an agreement that, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively uses one or more techniques for distance communication;
9. distance communication technique: means that can be used for the conclusion of the contract without the consumer and trader being in the same room at the same time.
Article 2 - Identity of the trader
Lucheng
Zilverdistel 11, 3068 NT, Rotterdam
Telephone number: 010 - 841 16 04
E-mail address: info@chineeslerennu.nl
Chamber of Commerce number: 65416198
Btw-identificatienummer: NL002437982B23
Article 3 - Applicability
1. these general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's business premises and that they are available at the consumer's request.
At the consumer's request, they will be sent to him free of charge as soon as possible.
3. 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 can 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 terms and conditions
can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4 - In the event that specific product or service conditions apply in addition to these general conditions, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always invoke the provision that is most favorable to him.
Article 4 - The offer
(1) If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.
2. 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 entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to
the price including taxes;
the possible costs of delivery
the manner in which the contract is concluded and the actions required for this;
whether or not the right of withdrawal is applicable
the method of payment, delivery and performance of the contract
the period for accepting the offer or the period within which the trader guarantees the price
the amount of the distance communication rate if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
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 can check and, if desired, correct the information he has provided in the agreement before concluding it;
all languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically, as well as the minimum duration of the distance contract in the event of a longer transaction.
Article 5 - The agreement
1. subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions laid down.
2. if the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
3. if the contract is concluded electronically, the trader must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure Internet environment. If the consumer can pay electronically, the trader must take appropriate security measures.
4. the trader may - within the legal framework - obtain information about whether the consumer can meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this assessment, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. together with the product or service, the trader shall provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium
a. the contact address of the trader's establishment to which the consumer can address complaints
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
c. the information on guarantees and the existing after-sales service;
d. the information referred to in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
e. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term contract, the provision of the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For the delivery of goods:
(1) When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the trader.
(2) During the cooling-off period, the consumer shall handle the product and its 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 makes use of his right of withdrawal, he will return the product with all delivered accessories and - if possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. if the consumer wishes to make use of his right of withdrawal, he must notify the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has expressed his wish to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that he has returned the delivered goods in good time, e.g. by providing proof of dispatch.
4. if the customer has not expressed his wish to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
In the case of the supply of services:
1. in the case of the supply of services, the consumer has the possibility to withdraw from the contract without giving any reason within a period of at least fourteen days from the day of the conclusion of the contract.
2. to make use of his right of withdrawal, the consumer must follow the reasonable and clear instructions given by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
1. if the consumer makes use of his right of withdrawal, he shall bear at most the costs of returning the product
2. if the consumer has paid an amount, the entrepreneur must repay this amount as soon as possible, but at the latest within 14 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
1. the trader may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the trader has clearly stated this in the offer or at least in good time before the conclusion of the contract.
2. an exclusion of the right of withdrawal is only possible for products
a. which have been made by the trader according to the consumer's specifications;
b. which are clearly personal in nature;
c. which cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software for which the consumer has broken the seal.
3. the exclusion of the right of withdrawal is only possible for services
a. which concern accommodation, transportation, a restaurant or a leisure activity to be provided on a specific day or during a specific period;
b. the supply of which has begun with the express consent of the consumer before the end of the cooling-off period
c. which concern betting and lotteries.
Article 9 - The price
(1) During the period of validity stated in the offer, the prices of the products and/or services offered may not be increased, with the exception of price changes due to changes in VAT rates.
2. by way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices quoted are target prices must be mentioned in the offer.
3. price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has specified them and:
a. they result from statutory provisions or regulations; or
b. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
5. the prices mentioned in the offer of products or services include VAT.
Article 10 - Compliance and guarantee
1. the entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. a guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
Article 11 - Delivery and execution
(1) The trader shall take the greatest possible care when receiving and executing orders for goods and when assessing requests for the provision of services.
2. the place of delivery is the address that the consumer has made known to the entrepreneur
3. with due observance of the provisions of article 4 of these general terms and conditions, the company shall execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to possible compensation.
4. in the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. if the delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement product. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur.
6. the risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration of the agreement: duration, termination and extension
Termination
(1) The consumer may terminate a contract of indefinite duration that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.
2. the consumer may terminate a fixed-term contract relating to the regular delivery of products (including electricity) or services at any time at the end of the fixed-term, subject to the applicable termination rules and a notice period of no more than one month.
3. the consumer may terminate the contracts referred to in the previous paragraphs at any time and is not limited to termination at a specific time or within a specific period; he may at least terminate them as he has concluded them; he may always terminate them with the same notice period as the trader has stipulated for himself.
Extension
(1) A fixed-term contract concluded for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.
3. a fixed-term contract for the regular delivery of products or the provision of services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract concerns the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
4. a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
1. if a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
Article 13 - Payment
1. unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
(2) When selling products to consumers, the general terms and conditions may never provide for an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights with regard to the execution of the order or service(s) concerned before the agreed advance payment has been made.
3. the consumer has the duty to inform the entrepreneur immediately of any inaccuracies in the payment details provided or mentioned.
4. in the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that were communicated to the consumer in advance.
Article 14 - Complaints procedure
1. the entrepreneur must have a sufficiently publicized complaints procedure and handle the complaint in accordance with this complaints procedure.
2. complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
3. complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
(4) If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution procedure.
5. in the event of complaints, the consumer should first contact the trader. In the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is found, the consumer has the option of submitting a complaint via the European ODR platform (http://ec.europa.eu/odr).
6 A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
7. if a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
