General terms and conditions
Please note: no rights can be derived from these general terms and conditions.
Consult a lawyer if you have any doubts about their content.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - Conclusion of the agreement
Article 6 - Execution of the agreement
Article 7 - Delivery
Article 7A - Packaging and transport
Article 8 - Investigation, complaints
Article 9 - Prices
Article 10 - Payment and collection policy
Article 11 - Warranty
Article 12 - Suspension and termination
Article 13 - Limitation and liability
Article 14 - Transfer of risk
Article 15 - Force majeure
Article 16 - Intellectual property rights
Article 17 - Privacy, data processing and security
Article 18 - Complaints
Article 19 - Applicable law
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.
2. nl is a website of On request.
3. Consumer: Natural person who (does not) act in the exercise of his
profession or business.
4. Buyer: The Consumer who enters into a (remote) agreement with the Seller.
5. Company: The natural or legal person who acts in the exercise of a
profession or business. 6. Offer: Any written offer to Buyer to deliver Products by
On request.
7. Products: the products offered by On request are hobby articles.
8. Agreement: the purchase agreement (at a distance) that extends to the sale and
delivery of products purchased by Buyer from On request.
9. Website: the website used by On request https://www.unazon.nl
Article 2 - Identity of the entrepreneur
Unazon.nl, part of Op aanvragen
Established at: Op aanvragen
Email address: info@unazon.nl
Chamber of Commerce number: Op aanvragen
VAT identification number: Op aanvragen
Article 3 - Applicability
1. These general terms and conditions apply to every Offer from Op
aanvraag and every agreement between Op aanvragen and a Buyer and to every
product offered by Op aanvragen. These conditions
also apply to all agreements with Op aanvragen, for the
execution of which third parties must be involved.
2. Before an agreement (at a distance) is concluded, the Buyer will
be provided with these general terms and conditions. If this is not reasonably possible, On request will indicate to Buyer how Buyer can view the general terms and conditions, which are in any case published on the website(s) of On request , so that Buyer can easily save these general terms and conditions on a durable data carrier.
3. Deviation from these general terms and conditions is in principle not possible. The applicability of any (other) general or (purchase) conditions of Buyer is expressly rejected. Only the general terms and conditions of On request apply to all orders agreed with On request . In exceptional situations, the general terms and conditions may be deviated from if this has been explicitly agreed in writing with On request .
4. These general terms and conditions also apply to additional, amended and follow-up agreements with Buyer. 5. If one or more provisions of these general terms and conditions are partially or completely void or are annulled, the other provisions of these general terms and conditions will remain in force, and the void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
6. Any ambiguities regarding the content, interpretation or situations that are not covered by these general terms and conditions must be assessed and interpreted in the spirit of these general terms and conditions.
Article 4 - The Offer
1. All offers made by On request are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer.
A quotation only exists if it has been recorded in writing.
2. The offers made by On request are without obligation. On request is only
bound to the quotation if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or because On request sends an invoice based on what has been purchased by the Buyer and has been recorded in writing on site. Nevertheless, On request has the right to refuse an agreement with a
potential Buyer for a reason that is justified for On request 3. The offer contains a complete and accurate description of the product offered. The description is detailed enough that the Buyer is able to make a proper assessment of the offer. Obvious errors or mistakes in the offer cannot be binding on On request . The images and specific data in the offer are only an indication and cannot be grounds for any compensation or termination of the agreement (remote). On request cannot guarantee that the colours in the image exactly match the real colours of the product.
4. Delivery times on the website of On request are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless
explicitly agreed otherwise.
5. A composite quotation does not oblige On request to deliver a part of the items included in the offer or quotation for a
corresponding part of the stated price.
6. In principle, no offers are made. If and to the extent that an offer is involved, this does not automatically apply to repeat orders. Offers are only valid while stocks last, and according to the ‘gone-is-gone’ principle as indicated in the offer.
Article 5 - Conclusion of the agreement
1. The agreement is concluded at the moment that Buyer has accepted an offer from On
request by paying for the relevant product.
2. An Offer can be made by On request via the webshop.
3. If Buyer has accepted the Offer by concluding an agreement
with On request, On request will confirm the agreement with Buyer in writing by e-mail.
4. If the acceptance (on minor points) deviates from the offer included in the quotation
or invoice, On request is not bound by it. Buyer
must pay the entire offer or invoice, unless Buyer can demonstrate that
otherwise has been agreed.
5. On request is not bound by an Offer if Buyer could reasonably have
expected or should have understood or should have understood that the
Offer contains an obvious error or typo. Buyer cannot derive any rights from this error or
typography.
6. Agreements or contracts can only be entered into by authorized
employees, employed or hired persons of On request who
are authorized to represent and have written authorization.
7. Consumers can exercise their right of withdrawal within 14 days. The
right of withdrawal is excluded if Buyer is a company.
Article 6 - Execution of the agreement
1. On request, the agreement will be executed to the best of its knowledge and ability and
in accordance with the requirements of good workmanship.
2. If and to the extent that proper execution of the agreement requires this,
On request,
has the right to have certain work carried out by third parties at its own discretion.
3. The buyer shall ensure that all data that On request indicates is
necessary or that the buyer should reasonably understand is necessary for the execution of the agreement, are provided to On
request in a timely manner. If the data required for the execution of the agreement are not provided to On request in a timely manner, On
request has the right to suspend the execution of the agreement and/or charge the buyer for the additional costs resulting from the delay at the usual rates.
4. On request is not liable for damage of any nature that has arisen because On request has relied on incorrect and/or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to On request .
5. The Buyer indemnifies On request against any claims by third parties who suffer damage in connection with the performance of the agreement and which is attributable to the Buyer.
Article 7 - Delivery
1. Delivery will in principle take place from our warehouse.
2. Shipping of the products is free of charge.
3. If the commencement, progress or (delivery) of the services is delayed
because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, has not provided sufficient cooperation, the (down) payment has not been received (in a timely manner) by On request or due to other circumstances beyond the control of On request any delay occurs, On request is entitled to a
reasonable extension of the (delivery) period. All agreed
(delivery) periods are never fatal periods. The Buyer must give On request written notice of default and grant him a reasonable period to still be able to
deliver. The Buyer is not entitled to any compensation for the delay that has arisen.
4. The Buyer is obliged to take delivery of the goods at the time at which they are made available to him
according to the agreement, even if they are offered to him
earlier or later than agreed.
5. If the Buyer refuses to take delivery or fails to provide information or
instructions necessary for delivery, the Buyer is entitled to store the goods at the expense and risk of the Buyer on request.
6. If the Buyer requires information on request in the context of the execution of the agreement, the delivery time commences after the Buyer has made this available to the Buyer on request.
7. If the Buyer has specified a delivery period on request, this is indicative.
Longer delivery periods apply to deliveries outside the Netherlands than those specified on the website. This term depends on the delivery time of the warehouse
8. On request is entitled to deliver the goods in parts, unless this has been deviated from in the agreement or the partial delivery has no independent value. On request is entitled to invoice the goods delivered separately.
9. The Buyer is responsible for the import and payment of VAT and any import duties on the products purchased by the Buyer.
Article 7A - Packaging and transport
1. On request is committed to the client to have the goods to be delivered
properly packaged by the Supplier and to secure them in such a way that they reach their destination in good condition during normal use.
2. Unless otherwise agreed in writing, all deliveries are exclusive of
sales tax (VAT), exclusive of packaging and packaging material. 3. Acceptance of goods without any comments or remarks on the consignment note/invoice
is considered proof that the packaging was in good condition at the time of
delivery.
4. The Buyer is deemed to be in possession of any required import and/or
payment permits. The absence or withdrawal of these permits
does not release the Buyer from the obligation to accept the goods in the agreed manner.
If the goods are not cleared by On request , the Buyer cannot derive the right to cancel the order/order from this.
If the Buyer must pay import duties, these
costs are entirely at the expense and risk of the Buyer. The right to cancel the order/order can also not be derived from a change in
any quality regulations and/or objections made by third parties
against the goods on the grounds of patents, trademarks and other rights.
5. The risk of molestation is always borne by the Buyer.
Article 8 - Inspection, complaints
1. Buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within fourteen days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to be able to assess whether he will keep the product. In doing so, Buyer must examine whether the quality and quantity of the delivered goods correspond
with the agreement and whether the products meet the requirements that apply in normal (commercial) traffic.
2. Buyer is obliged to investigate how the product should be used and, in the case of personal use, to test the product in accordance with the instructions for use. On request does not accept any liability for incorrect
use of the product by Buyer, nor for incorrect advice given by Buyer to Buyer's customers. 3. Any visible defects or shortages must be reported in writing to info@unazon.nl after delivery. The buyer has a period of 14 days after delivery to do so. Non-visible defects or shortages must be reported within one month after discovery, but no later than six months after delivery.
In case of damage to the product due to careless handling
by the Buyer himself, the Buyer himself is liable for any reduction in value
of the product.
4. If the Buyer wishes to return defective items, this will only be done with the prior written permission of On request in the manner indicated by On request . The return of items is
exclusively at the discretion of On request.
5. If the Buyer exercises his right of withdrawal, he will, if this is deemed necessary by On request , return the product and all accessories, to the extent that this is
reasonably possible, in their original condition and packaging to On request, in accordance with the return instructions of On request.
6. Refunds will only be made if agreed in writing with On request.
7. Refunds to Buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. Refunds will be made to the previously specified account number.
8. If Buyer exercises his right to complain, he has no right to suspend his payment obligation or to offset outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more products are missing, and this is attributable to On request will, upon a request from Buyer, send the missing product(s) via Supplier or cancel the remaining order (with refund of the overpayment). The
confirmation of receipt of the products is leading in this. Any damage suffered by Buyer as a result of the deviating size of the delivery cannot be
recovered from On request. 10. Complaints are not possible if the Buyer has ordered the wrong products or had incorrect expectations of the product in question.
Article 9 - Prices
1. During the validity period of the offer, the prices of the products offered will not be increased, except in the event that there are changes in VAT rates.
2. The prices stated in the offer are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs,
unless expressly stated otherwise. For consumers, the price is shown exclusive of VAT.
3. The prices as stated in the offer are based on the cost factors applicable at the time of concluding the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and
taxes. Any positive and negative differences at the time of arrival,
shipping or delivery will be to the benefit or at the expense of the Buyer. 4. In the case of products that are subject to price fluctuations on the financial market and over which On request has no influence, On request may offer these products with variable prices. The offer will state that the
prices are target prices and may fluctuate.
5. Three months after the conclusion of the agreement, price increases may be applied by On request at its own discretion. If
price increases occur within these three months, this can only be the
result of a statutory regulation.
Article 10 - Payment and collection policy
1. Payment must be made in advance by bank transfer. Objections to the amount of the invoices must be reported within 7 days after the invoice date, but do not suspend the payment obligation.
2. The buyer cannot derive any rights or expectations from a previously issued
estimate, unless the parties have expressly agreed otherwise.
3. The buyer must pay these costs in one go, via the payment methods indicated on the webshop. Except in special circumstances, the buyer can only agree on a further term in which the amount due must be paid after
explicit and written permission from On request . 4. On request has the right to have the payments made by the Buyer applied
first to the costs, then to the accrued interest and finally to the principal and the current
interest. On request may, without thereby being in default, refuse an offer of
payment, if the buyer indicates a different order for the allocation. On request may refuse full repayment of the principal, if
the accrued and current interest as well as the costs are not also paid.
5. If the Buyer does not meet his/her payment obligation, and does not do so within the
payment term of 14 days, the Buyer will first receive a written
reminder before being in default, after which they will receive a notice
in which they will be informed of the consequences of the default that has occurred. 6. From the date that Buyer is in default, On request without further notice of default, will claim the statutory interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with article 6:96 BW to be calculated according to the scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
7. If On request has incurred more or higher costs that are reasonably necessary, these costs will be eligible for compensation. The judicial and execution costs incurred are also for the account of Buyer.
Article 11 - Warranty
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Zijvensters
Geschiedenis
Opgeslagen
1. On request does not guarantee that the products meet the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time the agreement is concluded. On request does not guarantee the existence of defects in the delivered goods, but On request strives and will make every effort to deliver the delivered goods in accordance with the agreement. The actual shelf life of durable products cannot be guaranteed. 2. The above-mentioned guarantee applies to the scope and for a period that corresponds to the manufacturer's guarantee. On request is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or application of the products. 3. All products offered by On request are provided with a CE marking, as well as the name and address of the manufacturer.
4. If the items to be delivered do not meet these guarantees, On request will replace the item within a reasonable period after receipt thereof or, if return is not reasonably possible, written notification of the defect by the Buyer, at the option of On request, or arrange for repair.
In the event of replacement, the Buyer undertakes to return the replaced item to On request and to transfer ownership to On request if this is required by On request for reimbursement.
5. The warranty mentioned herein does not apply if the defect has arisen as a result of improper or inappropriate use or if, without the written permission of On request, the Buyer or third parties have made or attempted to make changes to the item or have used it for purposes for which the item is not intended or have been used under abnormal circumstances.
6. If the warranty provided by On request concerns an item that was produced by a third party, the warranty is limited to the warranty provided by the manufacturer of the item.
7. On request points out that certain products, including personal care products, have a limited shelf life, which is always stated on the product in question. The Buyer must take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty. 8. In case of questions about the application of care products and the effect of
certain ingredients, and their suitability for the Buyer, the Buyer can contact On request with questions in general terms, or ask for specific advice from
his own (family) doctor.
Article 12 - Suspension and termination
1. On request is authorized to suspend the fulfillment of the obligations or to terminate the
agreement, if the Buyer does not or does not fully fulfill the (payment) obligations under the
agreement.
2. Furthermore, On request is authorized to terminate the
agreement(s) existing between it and the Buyer, insofar as they have not yet been executed, without judicial
agreement, if the buyer does not timely or properly fulfill the obligations that arise for him from any
agreement concluded with On request .
3. Furthermore, On request is authorized to (have) the agreement terminated without prior notice of default if circumstances arise
which are of such a nature that compliance with the agreement is impossible or can no longer be expected according to standards of reasonableness and fairness or
if other circumstances arise that are of such a nature that unchanged maintenance of the agreement cannot reasonably be expected.
4. If the agreement is terminated, the claims of On request on the Buyer are immediately due and payable. If On request suspends compliance with the obligations, it retains its claims under the law and
the agreement.
5. On request always retains the right to claim damages.
Article 13 - Limitation of liability
1. If the execution of the agreement by On request leads to
liability of On request to Buyer or third parties, that
liability is limited to the costs charged by On request in connection with the agreement. The liability is in any case
limited to the amount of damages that is paid out by the insurance company per situation.
2. The liability of On request is further limited to the free
repair of a defective item or the replacement of that item - or a
part thereof - all at the discretion of On request. 3. Opaanvraag is not liable for consequential damage, indirect damage,
business damage, loss of profit and/or loss suffered, missed savings, damage
due to business stagnation and damage resulting from the use of products supplied by Op
aanvraag . For consumers, the limitation extends to
what is permitted pursuant to article 7:24 paragraph 2 of the Dutch Civil Code.
4. Opaanvraag is not liable for damage that is or may be the result of
any action or omission in response to (incomplete and/or incorrect)
information on the website(s) or linked websites.
5. Opaanvraag is not responsible for errors and/or irregularities in the
functionality of the website and is not liable for malfunctions or the website not being
available for any reason whatsoever. 6. On request does not guarantee the correct and complete transfer of the
content of and by/on behalf of On request sent e-mail, nor the timely
receipt thereof.
7. All claims by Buyer due to failure on the part of On request will lapse if they are not reported in writing and with reasons to On request within one year after Buyer was aware or could reasonably have been aware
of the facts on which he bases his claims.
8. On request expressly rejects all liabilities and claims of
Buyers and third parties who have suffered (physical) damage
through the use of the products. The products should only be used in accordance with the
instructions for use and never exceed the daily
amount. In the event of medication use, Buyer should always
consult his general practitioner. 9. Any advice given by On
Request on the use of the products is only general and non-binding in nature. Each Buyer must consult the
own responsibility to assess whether the product is suitable for him. In case of doubt, contact the Buyer's (family) doctor for an assessment for use in the specific case. 10. The personal care products and electrical appliances must be kept out of reach of young children. In addition, the products must be stored in accordance with the instructions for use determined per product. On
request recommends consulting an expert before using the personal care products in the event of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients.
Article 14 - Transfer of risk
The risk of loss or damage to the products that are the subject of the
agreement passes to the Buyer at the time the goods leave the warehouse
of On request . Even if the goods are brought into the possession of the Buyer and/or third parties, the risk is transferred to the Buyer.
Article 15 - Force Majeure
1. On request is not liable if it is unable to fulfil its obligations under the agreement as a result of a
force majeure situation, nor can it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance
that is not its fault and that is not attributable to it under the law, a
legal act or generally accepted views. 2. Force majeure is in any case understood to mean, but is not limited to, that which is understood in law and case law, (i) force majeure of suppliers of On Request, (ii) failure to properly fulfil obligations of suppliers, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters,
(viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of On Request and (xi) other situations that in the opinion of On Request fall outside its sphere of influence and that temporarily or permanently prevent the fulfilment of its obligations. 3. On request has the right to invoke force majeure if the
circumstance that prevents (further) compliance occurs after On request should have fulfilled its obligation.
4. During the period that the force majeure continues, the parties may suspend the
obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to
terminate the agreement, without any obligation to compensate the other party for damages.
5. To the extent that On request has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to
fulfill them, and the fulfilled or to be fulfilled part has an independent value, On request is entitled to invoice the already
fulfilled or to be fulfilled part separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 16 - Intellectual property rights
1. All IP rights and copyrights of Op aanvragen rest exclusively with Op
aanvraag and are not transferred to Buyer and/or User.
2. Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties any documents on which the IP rights and copyrights of Op aanvragen rest without the express prior written permission of Op aanvragen. If Buyer wishes to make changes to items delivered by Op aanvragen , Op aanvragen must explicitly agree to the proposed changes.
3. Buyer is prohibited from using the products on which the intellectual property rights of Op aanvragen rest other than as agreed in the agreement.
4. If Buyer discovers an infringement of the intellectual property rights of On
Request , or otherwise suspects a (possible) infringement of IP rights and copyrights, Buyer will inform On Request of this as soon as possible.
Article 17 - Privacy, data processing and security
1. On Request will handle the (personal) data of Buyer and
Users of the website(s) with care and will only use these in accordance with the privacy statement. If requested, security will meet the agreed
specifications and a security level that, given the state of the art, the
sensitivity of the data, and the associated costs, is not unreasonable.
Article 18 - Complaints
1. If the Buyer is not satisfied with the service or products of On request or
otherwise has complaints about the purchase agreement, the Buyer is obliged to report these
complaints as soon as possible, but no later than 2 weeks after the relevant
reason that led to the complaint. Complaints can be reported
via info@unazon.nl with the subject “complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer if On request is to be able to handle the complaint.
3. On request will respond to the complaint as soon as possible, but no later than 5 working days after
receipt of the complaint.
4. The parties will try to reach a solution together.
Article 19 - Applicable law
1. Dutch law applies to every agreement between On request and Buyer. The applicability of the (CISG) Vienna Sales Convention is
expressly excluded.
2. In the event of an interpretation of the content and scope of these general terms and conditions,
the Dutch text thereof shall always prevail. On request is
entitled to unilaterally amend these general terms and conditions.
3. All disputes arising from or in connection with the agreement between On request and Buyer shall be settled by the competent court in Amsterdam,
unless provisions of mandatory law lead to jurisdiction of another
court.