Terms and Conditions

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General terms and conditions based on the model terms of WebwinkelKeur.

Table of Contents

  • 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 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

Definitions:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read more about the cooling-off period.
  • Consumer: the natural person who is not acting in the course of their profession or business and enters into a distance contract with the entrepreneur.
  • Day: calendar day.
  • Duration transaction: a distance contract related to a series of products and/or services, the delivery and/or consumption obligations of which are spread over time.
  • Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
  • Model form: the model form for withdrawal made available by the entrepreneur, which the consumer can fill in when they wish to exercise their right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers.
  • Distance contract: a contract in which, within a system organized by the entrepreneur for distance selling of products and/or services, communication techniques are exclusively used for concluding the contract up to and including its conclusion.
  • Communication technique at a distance: a method that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same room.
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

  • Plus Telecom Web
  • Handelsweg 12G
  • 1521 NH, Wormerveer
  • Netherlands
  • T: +31633800090
  • E: info@casify.eu
  • Chamber of Commerce (KVK): 87302608
  • VAT number: NL004391199B89

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, it will be stated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises, and that they will be sent to the consumer free of charge upon request as soon as possible. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request. In the event that specific product or service terms and conditions are also applicable alongside these general terms and conditions, the second and third paragraphs will apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the case of conflicting terms and conditions. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in full force, and the relevant provision will be immediately replaced by a provision that approximates the intent of the original as closely as possible. Situations not regulated by these general terms and conditions will be assessed ‘in the spirit’ of these general terms and conditions. Any uncertainties regarding the explanation or content of one or more provisions of our terms and conditions will be explained ‘in 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 will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, they are an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or contract termination. Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and the actions required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the deadline for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the communication fee if the costs of using communication techniques at a distance are calculated on a basis other than the regular basic rate for the communication medium used;
  • whether the agreement will be archived after conclusion, and if so, how the consumer can consult it;
  • the way in which the consumer can check and, if desired, correct the data they have provided as part of the agreement before entering into it;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
  • the minimum duration of the distance agreement in the case of a duration transaction.

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 conditions set for this. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the consumer’s acceptance electronically. Until the entrepreneur confirms this acceptance, the consumer can cancel the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has valid reasons to believe the agreement should not be concluded, they are entitled to refuse the order or request additional conditions. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can easily store it on a durable data carrier:

  • the visit address of the entrepreneur’s establishment where the consumer can submit complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication if the right of withdrawal does not apply;
  • information about warranties and existing after-sales service;
  • the data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before performing the agreement;
  • the requirements for cancellation if the agreement has a duration of more than one year or is indefinite.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For product deliveries:

When purchasing products, the consumer has the right to withdraw from the agreement without providing any reason within 30 days. This withdrawal period begins the day after the consumer or a representative appointed by the consumer, who is notified to the entrepreneur, receives the product. During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 30 days of receiving the product. This notification must be made using the model withdrawal form or by another method of communication such as email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned in time, for example, through a shipping receipt.

If the consumer has not notified the entrepreneur of their intention to exercise their right of withdrawal or failed to return the product after the deadlines mentioned in paragraphs 2 and 3, the purchase will be considered final.

For service deliveries:

For the provision of services, the consumer has the right to withdraw from the agreement without providing any reason for at least 30 days, starting from the day the agreement is concluded. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or delivery of the service.

Article 7 – Costs in the case of withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs will be borne by the consumer, at most.

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 withdrawal, provided the product has been returned or the consumer has provided evidence of the return. The refund will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.

In case of damage to the product due to improper handling by the consumer, the consumer will be liable for any depreciation of the product.

The consumer cannot be held liable for depreciation if the entrepreneur has not provided all the legally required information regarding the right of withdrawal, which must be given before the agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

  • that have been made to the consumer’s specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that are liable to deteriorate or expire quickly;
  • whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control;
  • for loose newspapers and magazines;
  • for audio or video recordings and computer software if the consumer has broken the seal;
  • for hygiene products if the consumer has broken the seal.

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

  • concerning accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
  • where the service has commenced with the express consent of the consumer before the withdrawal period has expired;
  • related to gambling and lotteries.

Article 9 – The Price

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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services that are subject to fluctuations in the financial market, which are beyond the entrepreneur’s control, at variable prices. The dependency on market fluctuations and the fact that the prices may be indicative will be stated in the offer.

Price increases within 3 months after the agreement has been concluded are only permitted if they result from legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

  • they are the result of legal regulations or provisions; or
  • the consumer has the right to terminate the agreement on the date the price increase comes into effect.

The prices quoted in the offer for products or services include VAT.

All prices are subject to typographical and printing errors. The entrepreneur is not liable for the consequences of typographical and printing errors. In case of such errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur ensures 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 applicable legal provisions and/or government regulations in effect at the time the agreement was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may have under the agreement.

All products are subject to legal warranty. The duration of the legal warranty may vary depending on the nature of the product.

Defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.

The warranty does not apply if:

  • the consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
  • the defect is entirely or partially due to regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the utmost care in receiving and fulfilling orders for products and in assessing requests for services.

The delivery address is the address provided by the consumer to the entrepreneur.

Subject to the provisions in paragraph 4 of this article, the entrepreneur will deliver accepted orders as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery, or if only part of the order can be fulfilled, the consumer will be notified within 30 days after placing the order. In this case, the consumer has the right to cancel the agreement without incurring any costs. The consumer is not entitled to compensation for damages.

All delivery times are indicative. The consumer cannot derive any rights from the mentioned times. Exceeding a deadline does not entitle the consumer to compensation.

If cancellation occurs in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 14 days of cancellation.

If delivery of a product proves to be impossible, the entrepreneur will make efforts to provide a substitute product. The consumer will be informed at the time of delivery that a substitute product is being provided. In the case of substitute products, the right of withdrawal cannot be excluded. The cost of returning such products will be borne by the entrepreneur.

The risk of damage or loss of products rests with the entrepreneur until the product is delivered to the consumer or a representative appointed by the consumer, unless otherwise agreed upon.

Article 12 – Duration Contracts: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement concluded for an indefinite period and that provides for the regular delivery of products (including electricity) or services at any time, with a notice period of at most one month.

The consumer can terminate an agreement concluded for a definite period and that provides for the regular delivery of products (including electricity) or services at any time, at the end of the fixed term, with a notice period of at most one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • at any time, and is not limited to termination at a specific time or during a specific period;
  • at least in the same way as the agreement was entered into;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement concluded for a definite period and that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, an agreement concluded for a definite period that provides for the regular delivery of daily, weekly, or monthly newspapers and magazines may be tacitly renewed for a definite period of up to three months, provided the consumer can cancel the renewed agreement at the end of the extension period with a notice period of at most one month.

An agreement concluded for a definite period that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month, and a notice period of at most three months in the case of agreements for the regular, but less frequent than monthly, delivery of daily, weekly, or monthly newspapers and magazines.

A limited-duration agreement for the regular delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end after the trial or introductory period.

Duration

If an agreement is concluded for a period of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of at most one month, unless fairness and reasonableness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the consumer must pay the amounts due within 7 days after the start of the withdrawal period as mentioned 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.

The consumer is obligated to promptly inform the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, the entrepreneur, unless legally restricted, has the right to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaint Procedure

The entrepreneur has a sufficiently well-publicized complaint procedure and handles complaints according to this procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months of the consumer discovering the defect.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur 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 by mutual agreement, it becomes a dispute subject to the dispute resolution procedure.

Consumers should first contact the entrepreneur with complaints. If the entrepreneur is a member of WebwinkelKeur and a complaint cannot be resolved amicably, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether the web shop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer may have their complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose decision is binding. Both the entrepreneur and the consumer agree to this binding decision. There are fees associated with submitting a dispute to this committee, which the consumer must pay. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur explicitly states otherwise.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace the product or repair it free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Any additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in a way that allows the consumer to store them in an accessible manner on a durable medium.