Terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply: 

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the course of a profession or business and enters into 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, where the obligation to deliver and/or receive is spread over time;
  5. Durable medium: any means that enables the consumer or the entrepreneur to store information addressed personally to them in a way that allows future reference and unaltered reproduction of the stored information;
  6. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period; You have the right to cancel your order without giving any reason within 14 calendar days after receiving it. You will be refunded the full amount including shipping costs. Only the costs for the return from your home to the online store are at your own expense. If you exercise your right of withdrawal, the product with all delivered accessories, and if reasonably possible, in the original condition and packaging, shall be returned to the entrepreneur. To exercise this right, you can contact us via info@quinmo.nl;
  7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  8. Distance contract and terms of action: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
  9. Technique for distance communication: a means that can be used for concluding a contract without the simultaneous physical presence of the consumer and the entrepreneur in the same space.

Article 2 - Identity of the Entrepreneur

QUINMO

Registered address Quinmo:

Mr. B.M. Teldersstr. 6

6842CV Arnhem

Netherlands

 

Accessibility:

Monday from 12:00 PM to 5:00 PM (CET)

Tuesday to Friday from 10:00 AM to 5:00 PM (CET)

Closed on Saturdays, Sundays, and holidays

 

Email address: info@quinmo.nl

Chamber of Commerce number: 55760686

VAT number: NL002447546B83

 

Article 3 - Applicability 

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement concluded between the entrepreneur and the consumer.
  2. Before the remote agreement 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 remote agreement is concluded, that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer upon request as soon as possible.
  3. If the remote agreement is concluded electronically, in deviation from the previous paragraph and before the remote agreement is concluded, 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 shall be indicated, before the remote agreement is concluded, that the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.
  4. In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the provision that is most favorable to him in the event of conflicting general terms and conditions.

 

Article 4 - The offer

 

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

2)   The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must provide a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

3)   Each offer contains information in such a way that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns, in particular:

 

  • the price including taxes;
  • any delivery costs;
  • the method by which the agreement will be concluded and the actions required for that purpose;
  • the applicability or non-applicability of the right of withdrawal;
  • the method of payment, delivery, and performance of the agreement;
  • the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the means of communication used;
  • whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
  • the way in which the consumer can check and, if desired, correct the data provided by him/her in the context of the agreement, before the agreement is concluded;
  • any other languages in which the agreement can be concluded, in addition to Dutch;
  • the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically;
  • and the minimum duration of the remote agreement in the case of a continuing transaction.

 

Article 5 - The Agreement

 

  • The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the stated conditions, subject to the provisions of clause 4.
  • If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. Until the entrepreneur has confirmed the receipt of this acceptance, the consumer may dissolve the agreement.
  • 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 make electronic payments, the entrepreneur shall take appropriate security measures for this purpose.
  • Within the limits of the law, the entrepreneur may verify whether the consumer is able to meet their payment obligations, as well as any other facts and factors that are relevant to a responsible distance contract. If, based on this investigation, the entrepreneur has valid grounds for not entering into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to its execution.
  • The entrepreneur shall include the following information with the product or service, either in writing or in a manner that allows the consumer to store it on a durable medium in an accessible way:

·      The visiting address of the entrepreneur's establishment where the consumer can address complaints;

·      The terms and conditions for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

·      Information about warranties and existing after-sales services;

·      The data specified in clause 3 of article 4 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

·      The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

·      In the case of a continuing performance contract, the provision in the previous clause applies only to the first delivery.

 

Promotion Terms and Conditions:

 

  • Discounts and promotions cannot be combined with other ongoing offers and/or separate discount codes.
  • Discounts and promotions are not valid retroactively.
  • Discounts will be automatically applied during the ordering process or can be used by entering a pre-determined promotion/discount code provided by Quinmo.
  • Items obtained through a lottery and/or free promotion cannot be exchanged for cash and are excluded from returns, exchanges, and warranties.
  • Quinmo reserves the right to modify the terms and conditions of the promotion at any time and/or terminate the promotion prematurely.
  • Promotions are valid in the Netherlands only, unless otherwise stated.
  • Voucher: If you receive a voucher for a future purchase, the code can only be used once. The value of a voucher cannot be redeemed for cash. The voucher is valid for 3 months from the date of issuance. This voucher cannot be combined with ongoing offers (Sales) and/or discounted packages. No refunds will be provided if you exchange or return the items purchased using this voucher.

 

Article 6 - Right of Withdrawal

 

1)   In the purchase of products, the consumer has the option to dissolve the agreement within 14 calendar days without stating any reasons. This withdrawal period starts on the day after the consumer or a previously designated representative, known to the entrepreneur, has received the product.

2)   During the withdrawal 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 entrepreneur, along with all accessories provided and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

Article 7 - Costs in Case of Withdrawal

 

1)   If the consumer exercises his right of withdrawal, the costs of return shall be borne by the consumer, up to a maximum amount.

2)   If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

 

Article 8 - Exclusion of the right of withdrawal

 

1)   The entrepreneur may exclude the consumer's right of withdrawal as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products that:

  • are made to the consumer's specifications by the entrepreneur;
  • are clearly of a personal nature;
  • cannot be returned due to their nature;
  • can spoil or age quickly;
  • are subject to fluctuations in the financial market over which the entrepreneur has no control;
  • are for newspapers and magazines sold separately;
  • are for audio and video recordings and computer software that the consumer has unsealed.

 

2)   Exclusion of the right of withdrawal is only possible for services that:

  • relate to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
  • have begun with the consumer's express consent before the withdrawal period has expired;
  • relate to betting and lotteries.

 

Article 9 - The price

 

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. The binding nature of these fluctuations and the fact that any prices mentioned are indicative prices will be stated in 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.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

·      they are the result of statutory regulations or provisions; or

·      the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

·     The prices mentioned in the offer of products or services are inclusive of VAT.

 

Article 10 - Conformity and Warranty

 

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that exist on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

 

Article 11 - Delivery and Execution

 

  1. The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The consumer's communicated address shall be considered the place of delivery.
  3. Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders promptly and no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be notified thereof no later than 30 days after placing the order. In such cases, the consumer shall have the right to terminate the agreement free of charge and to claim any damages.
  4. In the event of termination in accordance with the preceding paragraph, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
  5. If it is impossible to deliver an ordered product, the entrepreneur shall make efforts to provide a substitute item. It shall be clearly and comprehensibly communicated upon delivery that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment shall be borne by the entrepreneur.
  6. The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur unless expressly agreed otherwise.

 

Article 12 - Duration of Transactions: Duration, Termination, and Extension

 

Termination

 

  1. The consumer may terminate an agreement entered into for an indefinite period and which pertains to the regular delivery of products (including electricity) or services at any time, subject to agreed-upon termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement entered into for a definite period and which pertains to the regular delivery of products (including electricity) or services at any time, provided that it is done by the end of the agreed-upon duration, in accordance with agreed-upon termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:

·      At any time, without being limited to termination at a specific time or during a specific period;

·      Terminate them at least in the same manner in which they were entered into;

·      Always terminate them with the same notice period as stipulated by the entrepreneur for themselves.

 

Extension

 

  1. An agreement entered into for a definite period and which pertains to the regular delivery of products (including electricity) or services shall not be automatically extended or renewed for a specific duration.
  2. Notwithstanding the previous paragraph, an agreement entered into for a definite period that pertains to the regular delivery of daily, news, and weekly newspapers and magazines may be silently extended for a specified duration of up to three months if the consumer is able to terminate this extended agreement by the end of the extension period, with a notice period of no more than one month.
  3. An agreement entered into for a definite period and which pertains to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer is able to 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 case where the agreement pertains to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the purpose of introducing or testing the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be automatically renewed and shall automatically end upon the conclusion of the trial or introductory period.

 

Duration

 

  1. 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 agreed duration ends.

 

Article 13 - Payment

 

  1. Unless otherwise agreed, the amounts due from the consumer must be paid within 14 calendar 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. In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot invoke any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has taken place.
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. In the event of consumer default, the entrepreneur is entitled, within legal limits, to charge the reasonable costs previously communicated to the consumer.

 Article 14 - Complaints procedure 

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 calendar days with a message of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

Article 15 - Disputes 

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium in an accessible manner.

All prices are in euros and inclusive of VAT. Price changes and typographical errors are reserved.

©quinmo, 2020 all rights reserved.

General Terms and Conditions for Consumers - www.quinmo.nl

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