Gebruiksvoorwaarden

GENERAL TERMS AND CONDITIONS FOR CONSUMERS

IMPORTANT: ALL REFRIGERATION TECHNICAL ACTIONS MAY ONLY BE CARRIED OUT BY F GAS CERTIFIED TECHNICIANS, THE SO-CALLED STEK TECHNICIAN

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;

2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a remote agreement with the entrepreneur;

3. Remote Agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for remote sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used;

4. Technique for Remote Communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place simultaneously;

5. Cooling-off Period: the period within which the consumer can make use of his right of withdrawal;

6. Right of Withdrawal: the possibility for the consumer to withdraw from the remote agreement within the cooling-off period;

7. Day: calendar day;

8. Long-term Transaction: a remote agreement with respect to a series of products and/or services, where the supply and/or purchase obligation is spread over time;

9. Durable Data Carrier: any means that enables the consumer or entrepreneur to store information that is directed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the Entrepreneur

Name: MFM Hermans
Statutory: Intakt Service VOF
Trade names:

• Koeltechniekonderdelen.nl

• Luchttechniekonderdelen.nl

• Grootkeukentechniekonderdelen.nl

• Intakt Service Uden, MFM-REF
  Address: Cellostraat 155, 5402AD Uden
  Phone number: 0413-266426 (between 9-17 hours)
  Email address: info@intaktservice.com
  Chamber of Commerce number: 53578384
  VAT identification number: NL850934333B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every remote agreement concluded between the entrepreneur and the consumer.

2. Before the remote agreement 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 indicated before the remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge at the consumer's request as soon as possible.

3. If the remote agreement is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically before the remote agreement 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 indicated before the remote agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.

4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the most favorable provision for him in the event of conflicting general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. 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 including applicable taxes;

• Any costs of delivery;

• 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, or execution of the agreement;

• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;

• The level of the tariff for remote communication if the costs of using the technique for remote communication are calculated on a different basis than the regular basic tariff;

• Whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;

• The way in which the consumer can rectify input errors before concluding the agreement, as well as the way in which he can rectify these errors after the conclusion of the agreement;

• Any languages in which, besides Dutch, the agreement can be concluded;

• The behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and

• The minimum duration of the remote agreement in the case of an agreement that involves continuous or periodic delivery of products or services.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur can, within legal frameworks, investigate whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

5. 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 store it on a durable data carrier: a. The visiting address of the entrepreneur's business where the consumer can go with complaints; b. 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; c. The information about existing after-sales services and guarantees; d. The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6a – Right of Withdrawal in the Delivery of Products

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 working days. This period starts on the day after receipt of the product by or on behalf of the consumer.

2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. An exception to the provisions in article 6a paragraph 1 and paragraph 2 are ordered parts intended for assembly in an installation or machine. It is assumed that the consumer is fully aware of the ordered part and knows how to handle it professionally if a replacement part is offered.

Article 6b – Right of Withdrawal in the Delivery of Services

1. When providing services, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days, starting on the day of entering into the agreement.

2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer makes use of his right of withdrawal, at most the costs of return shipping will be for his account.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the Right of Withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products: a) That have been created by the entrepreneur in accordance with the consumer's specifications; b) That are clearly personal in nature; c) That by their nature cannot be returned; d) That can spoil or age quickly; e) Whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence; f) For loose parts; g) For audio and video recordings and computer software where the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services: a) Regarding accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period; b) Where the delivery has started with the express consent of the consumer before the cooling-off period has expired; c) Regarding bets and lotteries.

Article 9 – The Price

1. During the period mentioned 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.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any listed prices are target prices will be stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a) These are the result of statutory regulations or provisions; or b) The consumer has the right to terminate the agreement on the day the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.

2. An arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur regarding a shortcoming in the fulfillment of the obligations of the entrepreneur based on the law and/or the remote agreement.

Article 11 – Delivery and Execution

1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated in this regard in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.

4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.

5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment are for the account of the entrepreneur.

6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Long-term Transactions

1. The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed termination rules and a notice period of at most one month.

2. An agreement concluded for a definite period has a maximum duration of two years. If it has been agreed that the remote agreement will be extended tacitly if the consumer does not indicate otherwise, the agreement will be continued as an agreement for an indefinite period, and the notice period after continuation of the agreement will be a maximum of one month.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after the delivery of the good or, in the case of an agreement for the provision of a service, within 14 days after the issuance of the documents related to this agreement.

2. When selling products to consumers, general terms and conditions may never require an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.

3. The consumer is obliged to report inaccuracies in payment details provided or stated immediately to the entrepreneur.

4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

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

Article 15 – Additional or Different Provisions

Additional provisions or provisions that differ from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable data carrier.

IMPORTANT: ALL REFRIGERATION TECHNICAL ACTIONS MAY ONLY BE CARRIED OUT BY F GAS CERTIFIED TECHNICIANS, THE SO-CALLED STEK TECHNICIAN