Algemene voorwaarden

CONTENT: 

Article 1 - Definitions 

Article 2 - Identity of the entrepreneur 

Article 3 - Application 

Article 4 - The offer 

Article 5 - The contract 

Article 6 - Right of withdrawal 

Article 7 - Costs of exercising the right of withdrawal 

Article 8 - Exclusion of the right of withdrawal 

Article 9 - Price 

Article 10 - Conformity and guarantee 

Article 11 - Delivery and implementation 

Article 12 - Standing order: duration, termination and extension Article 13 - Payment 

Article 14 - Complaints procedure 

Article 15 - Disputes 

Article 16 - Additional or different provisions

ARTICLE 1 - DEFINITIONS 

The following definitions apply in these conditions: 

Subsidiary contract: a contract in which the consumer purchases products, digital content and / or services in connection with a distance contract and these items, digital content and / or services from the entrepreneur or from a third party on the basis of a contract between this third party and the entrepreneur to be delivered; 

Thinking time: the period within which the consumer can exercise his right of withdrawal; 

Consumer: the natural person who is not acting in the exercise of a profession, company or craft and concludes a contract with the entrepreneur; 

Day: calendar day; 

Digital content: data created and delivered in digital form; 

Standing order: a contract that relates to a range of products and / or services whose delivery and / or purchase obligation extends over a certain period of time; 

Persistent data carrier: any (auxiliary) means, including e-mail, that enables the consumer or entrepreneur to store personally addressed information in such a way that future access and unchanged reproduction of the stored information is possible. 

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling off period; 

Sample form: the withdrawal form, which is made available to the consumer by the entrepreneur and can be filled out by the consumer if he wishes to exercise his right of withdrawal; 

Entrepreneur: the natural or legal person who offers products and / or (access to) digital content (s) and / or services to consumers at a distance; 

Distance selling contract: a contract whereby, within the framework of a system for the distance selling of products and / or services organized by the entrepreneur, only one or more remote communication techniques with the consumer are used until the contract is concluded; 

Remote communication technology: a means that can be used to conclude a distance contract without consumers and entrepreneurs having to be in the same room at the same time. 

General terms and conditions: these general terms and conditions of the entrepreneur. 

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Company name: Selaya
KVK: 87861097
BTW: NL003097926B31

ARTICLE 3 - APPLICATION 

1. These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer. 

2. Before the conclusion of a distance contract, the text of these general terms and conditions is made available to the consumer. If this is justifiably not possible, it is pointed out before the distance contract is concluded that the consumer can see the general terms and conditions of the entrepreneur, in what form they can be viewed and that the general terms and conditions can be sent to the consumer as soon as possible free of charge. 

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 is made available to the consumer electronically in such a way that the consumer can easily save them on a permanent data carrier. If this is not possible before the distance contract is concluded, it is indicated where the general terms and conditions can be viewed electronically and that they can be sent free of charge, electronically or otherwise, at the consumer's request. 

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting general terms and conditions, the consumer can invoke the provision that is most convenient for him. 

5. If one or more provisions of these general terms and conditions are annulled or annulled in whole or in part at any time, the other provisions of these general terms and conditions remain valid and the relevant annulled or annulled provision is immediately replaced by a new one that complies with the The purpose of the original provision largely corresponds. 

6. Situations that are not regulated in these general terms and conditions must be interpreted in the sense of these general terms and conditions. 

7. Ambiguity about the interpretation or content of one or more provisions of our terms and conditions must be interpreted in the sense of these general terms and conditions. 

ARTICLE 4 - THE OFFER 

1. The offer expressly states if it is an offer that is valid for a limited period of time, or if the offer is subject to conditions with suspensive or dissolving effect or any other condition. 
   
   
2. The offer of the entrepreneur is non-binding. The entrepreneur is therefore entitled to change and supplement the offer. 

3. The offer of the entrepreneur contains a complete and precise description of the products and / or services offered at all times. The description is sufficiently detailed to allow an adequate assessment of the offer by the consumer. If the entrepreneur uses images that indicate that these images show the product offered, they are a true representation of the products and / or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. 

4. Product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown exactly match the real product colors. 

5. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This affects in particular: 
   - the price including taxes;
   - any shipping costs;
   - the manner in which the contract is concluded and what actions are necessary for this purpose; 
   - the calculation of the level of the long-distance communication tariff if the cost of using the long-distance communication techniques is calculated on a basis other than the regular basic tariff for the means of communication used; 
   - whether the contract will be archived after conclusion and, if so, how it can be viewed by the consumer; 
   - the minimum term of the distance contract in the case of a standing order; - the application of the right of withdrawal;
   - the type of payment, delivery and execution of the contract; 

ARTICLE 5 - THE CONTRACT 

1. The contract is concluded subject to the provisions of paragraph 4 at the time of acceptance of the offer by the consumer and compliance with the associated conditions. 

2. If the consumer has accepted the offer electronically, the dealer 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 terminate the contract. 

3. If the contract is concluded electronically, the entrepreneur takes suitable technical and organizational measures to secure electronic data transmission and ensures a secure Internet environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. 

4. Under the law, the entrepreneur can find out whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for the responsible conclusion of the distance contract. If the entrepreneur has good reasons on the basis of this examination not to conclude the contract, he is entitled to refuse an order or an order or to set special conditions for the execution of the order or the order stating the reasons. 

5. The entrepreneur sends the consumer the following information in writing or at least in a way that the consumer can save it on a durable medium at the latest when the product, service or digital content is delivered: 

6. the visiting address of the business establishment to which the consumer can complain; 
   
   
7. the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; 

8. Information about guarantees and existing customer service after purchase;
    
9. the price of the product, service or digital content, including taxes; 
   
   
10. if applicable, the cost of delivery; 
    
    
11. the type of payment, delivery or execution of the distance contract; 
    
    
12. the conditions for termination of the contract if the contract has a term of more than one year or is unlimited; 
    
    
13. the model withdrawal form if the consumer has a right of withdrawal. 
    
    
14. In the case of a long-term business relationship, the provision in the previous paragraph applies only to the first delivery. 

ARTICLE 6 - RIGHT OF WITHDRAWAL 

When delivering products: 

1. When purchasing products, the consumer can terminate the contract within 14 days without giving any reason. 
2. This reflection period begins on the day after the consumer himself or a representative named by him and previously notified to the entrepreneur has received the product. 

3. If the consumer has placed several products in the same order, the reflection period begins on the day on which the consumer or a third party designated by him has received the last product. Provided that he has clearly informed the consumer before ordering, the entrepreneur may refuse to order several products with different delivery times. 

4. In the case of a product delivery consisting of several consignments or parts, the reflection period begins on the day on which the consumer or a third party designated by him has received the last consignment or the last part of the delivery; 

5. In the case of a contract aimed at the regular delivery of products within a certain period of time, the reflection period begins on the day on which the consumer or a third party designated by him has received the first product. 

For services and digital content that are not delivered on a tangible medium: 

1. If a service contract or a contract for the delivery of digital content is not delivered on a tangible medium, the consumer can terminate the contract without reason within a period of fourteen days. The fortnight begins on the day after the contract is signed. 

In the event of failure to inform about the right of withdrawal, there is an extended reflection period for products, services and digital content that are not supplied on a tangible data medium: 

1. If the entrepreneur has not provided the consumer with the information required by law about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period, which was determined in accordance with the preceding paragraphs of this article. 

2. If the entrepreneur has made the information mentioned in the previous paragraph available to the consumer within 15twelve months of the start of the original reflection period, the reflection period ends 14 days after the day on which the consumer received this information. 

3. During the cooling off period, the consumer treats the product and the packaging carefully and only unpacks or uses the product to the extent necessary to be able to judge whether the product meets his requirements. If the consumer wishes to exercise his right of withdrawal, he will send the product back to the entrepreneur in accordance with the reasonable and clear instructions of the entrepreneur with all accessories supplied and, if reasonably possible, in the original condition and in the original packaging. 

4. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receiving the product. The consumer can communicate this using the sample form. After the consumer has informed that he wants to exercise his right of withdrawal, he must return the product within 14 days. For example, the consumer must provide proof of dispatch that the goods delivered have been returned on time. 

ARTICLE 7 - COST OF EXERCISE RIGHT 

1. If the consumer makes use of his right of withdrawal, his costs will be a maximum of the cost of a return. 
   
   
2. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after the cancellation, in the same way as the amount paid by the consumer. This requires a receipt from the internet retailer or conclusive proof of the complete return. 

3. Any depreciation of the product caused by improper use by the consumer is at the expense of the consumer. The entrepreneur cannot rely on it if he has not provided the consumer with all the information required by law regarding

   the right of withdrawal before the conclusion of the purchase contract. 

ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL 

1. An exclusion of the right of withdrawal is only possible if the entrepreneur has made this clear in the offer, or at least in good time before the contract was concluded and if it is one of the products listed in paragraphs 2 and 3. 

2. Exclusion is only possible for the following products: 
   
   
3. which have been manufactured according to the specifications of the consumer by the entrepreneur; 

4. that are clearly personal in nature; 
   
   
5. that spoil or age quickly; 
   
   
6. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence; 
   
   
7. for individual newspapers and magazines; 
   
   
8. for audio and video recordings and computer software where the consumer has broken the seal; 
   
   
9. for hygienic products where the consumer has broken the seal. 

1. Exclusion is only possible for the following services: 
2. regarding accommodation, transportation, delivery of food and drink or leisure activities to be performed on a specific date or during a specific period; 
3. the delivery of which started with the express consent of the consumer before the end of the cooling off period;
4. regarding gambling and lotteries

ARTICLE 9 - PRICE 

1. During the period of validity specified in the offer, the prices of the products and / or services offered will not be increased, unless there are price changes due to changes in VAT rates. 
   
   
2. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no control at variable prices. These fluctuations and the fact that the prices mentioned are target prices are mentioned in the offer. 

3. Price increases within 3 months after the conclusion of the contract are only permitted if they can be traced back to legal regulations or provisions. 
   
   
4. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has determined this and: 

5. if they result from legal regulations or provisions; or 
   
   
6. if the consumer is authorized to terminate the contract with effect from the date on which the price increase takes effect.
   
   
7. The prices stated in the offer of the products or services include VAT. 
   
   
8. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of any printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrectly printed price.

ARTICLE 10 - WARRANTY AND CONFORMITY 

1. The entrepreneur guarantees that the products and / or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements for reliability and / or expediency, the date of the conclusion of the contract and existing legal provisions and / or official regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. 

2. A guarantee by the entrepreneur, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or manufacturer, with which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfill his part of the contract . 

3. Any defects or incorrectly delivered products must be communicated to the entrepreneur in writing within 4 weeks of delivery and returned in their original packaging and in new condition. 

The guarantee does not apply if: 

4. the consumer has repaired and / or processed the delivered products himself or had them repaired and / or processed by third parties 
   
   
5. the delivered products have been exposed to atypical conditions or have otherwise been used carelessly or contrary to the instructions of the entrepreneur and / or on the packaging; 
   
   
6. all or part of the defect is due to regulations that the government has or will adopt regarding the type or quality of materials used.
   
   

ARTICLE 11 - DELIVERY AND IMPLEMENTATION 

1. The entrepreneur will take the greatest possible care when receiving and carrying out product orders and when examining applications for the provision of services. 

2. The place of delivery is the address that the consumer has given to the entrepreneur. 
   
   
3. Taking into account the provisions in paragraph 4 of this article, the company will execute accepted orders immediately, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order is not or only partially executed, the consumer will be informed at the latest 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and to claim compensation. 

4. All delivery times are guidelines and the consumer cannot derive any rights from any of these delivery times. Exceeding a deadline does not entitle the consumer to compensation. 
   
   
5. After the dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer immediately, however in any case within 14 days after the dissolution. 
   
   
6. If the delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide a replacement item. At the latest on delivery, the entrepreneur clearly and understandably states that a replacement item has been delivered. The right of withdrawal cannot be excluded for replacement items. The cost of a return shipment lies with the entrepreneur. 

7. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise. 

ARTICLE 12 - PERMANENT ORDERS: DURATION, CANCELLATION AND EXTENSION 

termination 

1. The consumer can terminate an open-ended contract, which has been concluded for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period that does not exceed one month. 

2. At any time, the consumer can terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period that does not exceed one month. 

3. The consumer can use the contracts mentioned in the previous paragraphs: 

4. terminate at any time and may not be limited to termination at a specific time or within a specific period; 
   
   
5. terminate in the same manner as they were closed by him; 6. always terminate with the same notice period that the entrepreneur has set for himself. 

renewal 

1. A fixed-term contract that is made for the regular delivery of products (including electricity) or services cannot be tacit or extended for a period of time. 
   
   
2. Notwithstanding the previous paragraph, a fixed-term contract, which was concluded for the regular delivery of daily or weekly newspapers or magazines, can be tacitly extended by a certain term of a maximum of three months if the consumer terminates this extended contract with a period of can cancel at most one month.
   
   
3. concluded for the regular delivery of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with up to one month. The notice period must not exceed three months if the contract provides for the regular delivery - less than once a month - of daily, news and weekly newspapers and magazines. 

4. A fixed-term contract, which was concluded for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription), does not continue tacitly and ends automatically with the end of the trial or introductory period.

Duration

1.  If a contract has a term of more than one year, the consumer can terminate the contract at any time after a year with a period of up to one month, unless the adequacy and fairness contradict a termination before the expiry of the agreed period.

ARTICLE 13 - PAYMENT 

1. Unless otherwise stipulated in the contract or in the additional terms, the amounts owed by the consumer must be paid within 7 days of the start of the reflection period, as described in Article 6, paragraph 1. In the case of a service contract, this period begins on the day on which the consumer has received the contract confirmation. 

2. The consumer is obliged to immediately report any inaccuracies in the payment data that he has provided or communicated to the entrepreneur. 

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to invoice the consumer for the reasonable costs announced in advance. 

ARTICLE 14 - COMPLAINT PROCEDURE 

1. The entrepreneur has a sufficiently announced complaints procedure and processes the complaint in accordance with this complaints procedure. 
   
   
2. Complaints about the fulfillment of the contract must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the defects, fully and clearly described. 

3. Complaints addressed to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur replies within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer. 

4. If a complaint cannot be resolved by mutual consent, a dispute arises which is subject to the dispute settlement procedure. 

ARTICLE 15 - DISPUTES 

Contracts between the entrepreneur and the consumer 

Caution! 

returns of sales articles and hygiene products are not possible! if you order a sales article it cannot be returned. the offer that we offer in case of defect or wrong size is a new product!

ARTICLE 16 - ADDITIONAL OR OTHER PROVISIONS 

Additional provisions or provisions that deviate from these general terms and conditions must not be to the detriment of the consumer and must be stipulated in writing or in any way in such a way that the consumer can save them on a permanent data carrier.