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 - Length transactions: duration , cancellation 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 terms have the following meanings:

• Reflection period : the period within which the consumer can make use of his right of withdrawal;
• Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
• Day : calendar day;
• Duration transaction : a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
• Durable medium : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information .
• Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
• Entrepreneur : the natural or legal person who offers products and / or services to consumers from a distance;
• Distance contract : an agreement whereby exclusive use is made in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement. of one or more remote communication techniques;
• Technology for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Bestron B.V.
Moeskampweg 20, 5222 AW, 's-Hertogenbosch,
+31 (0) 73 621 63 35
info@bestron.com
Chamber of Commerce number: 16035413
VAT identification number: NL003643943B01

If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority:

If the entrepreneur practices a regulated profession:

• the professional association or organization to which he is affiliated;
• the professional title, the place in the EU or the European Economic Area where it is awarded;
• a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules are accessible.

Article 3 - Applicability

• These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
• 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
• If the distance contract is concluded electronically, by way of derogation from 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 they are the consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be consumer request will be sent electronically or otherwise free of charge.
• In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that applies to him in the event of conflicting general terms and conditions. most beneficial.

Article 4 - The offer

• If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in 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 entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
• Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

 

Article 5 - The agreement

• The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
• If the consumer has accepted the offer electronically, the entrepreneur 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 entrepreneur, the consumer can dissolve the agreement.
• If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
• The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet 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 entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
• The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has a l has provided to the consumer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

• In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

• When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. Please include the return form when returning.
• During the cooling-off period, the consumer will handle the product and 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 accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

Article 7 - Costs in case of withdrawal

• If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
• If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.

 

Article 8 - Exclusion of the right of withdrawal

• The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is dependent on fluctuations in the financial market on which the entrepreneur 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.

• Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c. regarding bets and lotteries.

Article 9 - The price

• During the validity period stated 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 previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
• Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.

• The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

• The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions and / or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
• A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

 

Article 11 - Delivery and execution

• The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
• The place of delivery is the address that the consumer makes known to the company.
• With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 14 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
• In case 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.
• If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
• The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, cancellation and extension

Cancellation