Conditions générales DocHorse
General Terms and Conditions by DocHorse BV, Vianen, The Netherlands
Article 1 - Definitions
In these terms and conditions, the following terms shall have the meanings set forth below:
1. Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these goods are delivered by the seller or by a third party on the basis of an agreement between that third party and the seller;
2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the (legal) person with whom DocHorse has concluded a contract of sale and purchase of goods to be delivered by DocHorse.
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or seller to store information that is addressed personally to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
9. Seller: the natural or legal person who offers products to consumers;
10. Distance contract: an agreement concluded between the seller and the consumer within the framework of an organized system for the distance selling of products, digital content and/or services, in which up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
11. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and seller having to be in the same place at the same time.
Article 2 - Identity of the seller
Sellers name: DocHorse BV
Acting under the names: DocHorse, www.dochorse.nl, www.dochorse.com, www.dochorse.fr, www.dochorse.de, www.blog.dochorse.nl
The Limiet 22B
Phone number: 030-241 28 30
From Monday to Friday from 8 a.m. until 5 p.m. via e-mail, chat, telephone or Facebook Messenger.
Chamber of Commerce number: 30216798
VAT number : NL822044419B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the seller and to every distance contract concluded between the entrepreneur and the consumer.
2. Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the seller will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the sellers and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to 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 the consumer can easily store them 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 consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the seller makes use of images, these are a true representation of the products, services and/or digital content offered. Obvious errors or mistakes in the offer are not binding on the seller.
3. 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
1. Subject to the provisions of paragraph 4, the contract is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. If the consumer has accepted the offer electronically, the seller will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the seller will observe appropriate security measures.
4. The seller can within legal frameworks - inform himself whether the consumer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the seller has good reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
5. When the product is delivered at the latest, the seller shall send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible way on a durable medium:
a. the visiting address of the establishment of the seller to which the consumer can address his or her complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication as to whether the consumer is excluded from the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 - Right of withdrawal
1. The consumer can terminate a contract relating to the purchase of a product during a cooling-off period of 14 days without giving any reason. The proprietor may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 shall start on the day after the consumer or a third party, other than the carrier and indicated in advance by the consumer, has received the product; or
a. if the consumer has ordered more than one product in the same order, the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
b. where the delivery of a product consists of several consignments or parts, the day on which the consumer, or a third party designated by the consumer, has received the last consignment or part;
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
3. If the seller has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period set in accordance with the previous paragraphs of this Article.
4. If the seller has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received this information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer shall only be liable for any diminished value of the product resulting from a handling of the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the seller did not provide him with all the legally required information about the right of withdrawal before or at the time of the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must notify the seller of this within the cooling-off period by means of the standard withdrawal form or in some other unambiguous way.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the seller. This is not necessary if the seller has offered to collect the product himself. In any case, the consumer has respected the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the sellers reasonable and clear instructions.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The direct costs of returning the product are borne by the consumer. If the seller has not reported that the consumer has to bear these costs or if the seller indicates that he has to bear the costs himself, the consumer does not have to bear the costs for returning the goods.
6. If the consumer exercises his right of withdrawal, all supplementary contracts shall be cancelled by operation of law.
Article 9 - Obligations of the seller in the event of withdrawal
1. If the seller makes the notification of withdrawal by the consumer possible in an electronic way, he will immediately send an acknowledgement of receipt after receiving this notification.
2. The seller will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies him of the withdrawal. Unless the seller offers to collect the product himself, he may wait until he has received the product or until the consumer proves that he has returned the product, whichever is the sooner.
3. The seller uses the same means of payment as the consumer has used for reimbursement, unless the consumer agrees to another method. Reimbursement shall be free of charge to the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the seller does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The seller can exclude the following products and services from the right of withdrawal, but only if the seller has clearly stated this in the offer, at least in time for the conclusion of the contract:
1. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
2. Products that deteriorate quickly or have a limited shelf life;
3. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose sealing is broken after delivery.
Article 11 - Performance of the agreement and additional guarantee
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
3. Price increases from 3 months after the conclusion of the contract are only permitted if the seller has stipulated this and: a. they are the result of statutory regulations or stipulations; or b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
4. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 12 - Naming of the agreement and additional guarantee
1. The seller guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An additional guarantee provided by the seller, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can enforce against the trader if the trader has failed to fulfil his part of the agreement.
3. An additional guarantee is understood to mean any obligation on the part of the seller, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfil his part of the agreement.
Article 13 - Delivery and execution
1. The seller will take the greatest possible care in receiving and in the execution of orders of products and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the seller.
3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the Sellerr shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer receives no later than 30 days after he has placed the order notice. In that case, the consumer has the right to dissolve the contract free of charge.
4. After dissolution in accordance with the previous paragraph, the seller will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the seller until the moment of delivery to the Consumer or a representative appointed in advance and announced to the seller, unless explicitly agreed otherwise.
Article 14 - Payment
1. Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question, before the stipulated advance payment has taken place.
3. The consumer has the obligation to immediately report any inaccuracies in the payment details provided or mentioned to the seller.
4. If the consumer fails to meet his payment obligation(s) on time, he will owe the statutory interest on the outstanding amount after the consumer has been notified by the seller of the late payment and the trader has allowed the consumer a period of 14 days to meet his payment obligations, after the failure to do so within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, = with a minimum of € 40. The entrepreneur can deviate from the amounts and percentages mentioned above to the benefit of the consumer.
Article 15 - Complaints procedure
1. The seller has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the seller fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. A reply to complaints submitted to the seller will be provided within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
Article 16 Disputes
1. Contracts between the seller and the Consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law.
2. Disputes between the consumer and the seller about the conclusion or execution of contracts relating to products and services to be delivered or delivered by this trader can, with due observance of the provisions below, be submitted by both the consumer and the trader to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the seller within a reasonable period of time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee, no later than 12 months after the date on which the consumer submitted the complaint to the seller.
5. When the consumer wants to submit a dispute to the Disputes Committee, the seller is bound by this choice. Preferably, the consumer should first report this to the seller.
6. If the seller wants to submit a dispute to the Disputes Committee, the consumer within five weeks after a written request made by the seller, in writing, to pronounce whether he wishes to do so or to have the dispute dealt with by the competent court. If the seller does not hear the consumer's choice within the period of five weeks, then the seller is entitled to submit the dispute to the competent court.
7. The Disputes Committee makes its decision subject to the conditions laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by means of a binding opinion.
8. The Disputes Committee will not deal with a dispute or will discontinue the treatment if the seller has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the Committee at the session and a final decision has been made.
9. If, in addition to the Thuiswinkel Disputes Committee, another arbitration committee that is recognised or affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes relating mainly to the method of distance selling or services. For all other disputes, the other arbitration board members of the SGC or Kifid shall be deemed to be recognized.
Article 17 - Additional or different provisions
Additional provisions or provisions deviating 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 way that the consumer can store them in an accessible manner on a durable medium.