Article 1 – Definitions
In these terms and conditions the following definitions apply:
- Cooling-off 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 SU SEA;
- Day: calendar day;
- Duration of transaction: a long-distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or SU SEA to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the option for the consumer to waive the long-distance agreement within the cooling-off period;
- Model form: the model form for withdrawal that SU SEA makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
- SU SEA: the natural or legal person who offers products and/or services to consumers at a distance;
- Long- distance agreement: an agreement in which, within the framework of a system organized by SU SEA for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on a long-distance;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and SU SEA meeting simultaneously in the same room.
- General Terms and Conditions: the present General Terms and Conditions of SU SEA.
Article 2 - SU SEA
Located in Eindhoven
Phone number: 06 26 09 21 80
E-mail address: email@example.com
Chamber of Commerce number: 70686262
VAT identification number: NL002211938B38
Article 3 - Applicability
- These General Terms and Conditions apply to every offer from SU SEA and to every long-distance agreement and order concluded between SU SEA and the consumer.
- Before the long-distance agreement is concluded, the text of these General Terms and Conditions is made available to the consumer. If this is not reasonably possible, before the long-distance agreement is concluded, it will be indicated that the General Terms and Conditions can be viewed at SU SEA and they will be sent free of charge as soon as possible at the request of the consumer.
- If the long-distance agreement is concluded electronically, notwithstanding the previous paragraph and before the long-distance agreement is concluded, the text of these General Terms and Conditions can be made available electronically to the consumer in such a way that this can be stored in a simple way on a durable data carrier by the consumer. If this is not reasonably possible, before the long-distance agreement is concluded, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- 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. In the event of conflicting General Terms and Conditions, the consumer can always invoke the applicable provision that is most favorable to him.
- If at any time one or more provisions in these General Terms and Conditions are wholly or partially void or annulled, then the agreement and these terms and conditions will remain in force for the rest of the duration and the provision in question will be replaced without delay in mutual consultation by a provision that approximates the purport of the original as much as possible.
- Situations that are not regulated in these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these General Terms and Conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. SU SEA is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If SU SEA uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding to SU SEA.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the products offered. SU SEA cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
- . Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price (in euros) including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded, and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the term for acceptance of the offer, or the term within which SU SEA guarantees the price;
- the rate for long-distance communication if the costs of using the technology for long-distance communication are calculated on a basis other than the regular base rate for the means of communication used;
- whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
- If the consumer has accepted the offer electronically, SU SEA will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by SU SEA, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, SU SEA will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, SU SEA will take appropriate security measures.
- SU SEA can inform itself - within legal frameworks - whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the long-distance agreement. If, on the basis of this investigation, SU SEA has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- SU SEA will send the following information to the consumer with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the SU SEA branch where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless SU SEA has already provided this information to the consumer before the execution of the agreement;
- Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 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 SU SEA.
- During the reflection period, the consumer will handle the product and the 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 exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to SU SEA, in accordance with the reasonable and clear instructions provided by SU SEA.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to SU SEA within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
- If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to SU SEA, the purchase is a fact.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will be for his account.
- If the consumer has paid a monetary amount, SU SEA will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by SU SEA or conclusive proof of complete return can be submitted.
Article 8 - Exclusion right of withdrawal
- SU SEA can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if SU SEA has stated this clearly in the offer, at least in good time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by SU SEA in accordance with the consumer's specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- For which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
Article 9 - The price
- 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.
- Contrary to the previous paragraph, SU SEA can offer products or services whose prices are subject to fluctuations in the financial market and over which SU SEA has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted 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 SU SEA has stipulated this and:
- If these are the result of statutory regulations or provisions; or
- if the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- If the prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, SU SEA is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
- SU SEA guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
- A guarantee provided by SU SEA, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against SU SEA under the agreement.
- Any defects or incorrectly delivered products must be reported to SU SEA in writing within four (4) weeks after delivery. The products must be returned in the original packaging and in new condition.
- SU SEA's warranty period corresponds to the manufacturer's warranty period. However, SU SEA is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of SU SEA and/or have been treated on the packaging;
- The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
- SU SEA will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to SU SEA.
- With due observance of what is stated in paragraph 4 of this article, SU SEA will execute accepted orders expeditiously 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 cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, SU SEA will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, SU SEA will endeavor to make a replacement item available. 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 cannot be excluded. The costs of any return shipment are for the account of SU SEA.
- The risk of damage and/or loss of products rests with SU SEA until the moment of delivery to the consumer or a representative designated in advance and made known to SU SEA, unless expressly agreed otherwise.
Article 12 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within seven (7) working days after the start of the reflection period as referred to in Article 6 paragraph 1.
- The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to SU SEA.
- In the event of non-payment by the consumer, SU SEA has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
Article 13 - Complaints procedure
- SU SEA has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to SU SEA within seven (7) days, after the consumer has discovered the defects.
- Complaints submitted to SU SEA will be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires a foreseeable longer processing time, SU SEA will answer within the period of fourteen (14) days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint does not suspend SU SEA's obligations, unless SU SEA indicates otherwise in writing.
- If a complaint is found to be justified by SU SEA, SU SEA will, at its option, replace or repair the delivered products free of charge.
Article 14 - Disputes
- Agreements between SU SEA and the consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 15 - Additional or different provisions
Additional provisions or provisions that deviate 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 they can be stored by the consumer in an accessible manner on a durable data carrier.