Terms and Conditions

Terms and Conditions Otronic.nl (WebwinkelKeur member)

Table of Contents:

  1. Definitions
  2. Identity of the Entrepreneur
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Costs in Case of Withdrawal
  8. Exclusion of the Right of Withdrawal
  9. The Price
  10. Conformity and Warranty
  11. Delivery and Execution
  12. Long-term Transactions: Duration, Termination, and Extension
  13. Payment
  14. Complaints Procedure
  15. Disputes
  16. Additional or Deviating Provisions

Article 1 Definitions

In these terms and conditions, the following definitions apply:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable medium: any medium that allows the consumer or entrepreneur to store information directed personally to them in a way that enables future access and unchanged reproduction of the stored information;
  6. Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
  7. Model form: the model form for withdrawal that the entrepreneur makes available for a consumer to fill in when he wishes to exercise his right of withdrawal;
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract whereby, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, exclusively one or more techniques for remote communication are used up to and including the conclusion of the contract;
  10. Remote communication technique: means that can be used to conclude a contract without the consumer and entrepreneur having met simultaneously in the same room;
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 Identity of the Entrepreneur

Otronic
Crommelinbaan 61c
2142 EX, Cruquius
023-2340488
[email protected]
Chamber of Commerce number: 64217590
VAT identification number: NL002084147B28

Article 3 Applicability

  1. These general terms and conditions apply to every offer by the entrepreneur and to every concluded distance contract and orders between entrepreneur and consumer.
  2. 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 indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and, upon request by the consumer, will be sent as soon as possible free of charge.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request by the consumer electronically or in another manner.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply correspondingly, and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these conditions remain in effect otherwise, and the relevant provision will be replaced through mutual consultation immediately by a provision that approximates the essence of the original as much as possible.
  6. Situations not regulated in these general terms and conditions must be assessed 'according to the spirit' of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our conditions must be interpreted 'according to the spirit' of these general terms and conditions.

Article 4 The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. 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 a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications, data in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.
  5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are connected to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the contract will be concluded and what actions are required for this;
    • whether the right of withdrawal applies;
    • the method of payment, delivery, and execution of the contract;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
    • whether the contract is archived after conclusion, and if so, how it can be consulted by the consumer;
    • the manner in which the consumer can verify and, if desired, correct the data provided in the context of the contract before concluding the contract;
    • any other languages in which, besides Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur has committed and the way the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set there.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms 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 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 take appropriate security measures.
  4. The entrepreneur may, within legal frameworks, assess whether the consumer can meet his payment obligations and all facts and factors important for responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good grounds not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to its execution.
  5. The entrepreneur will provide the consumer with the following information about the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium: a. the visiting address of the entrepreneur's establishment where the consumer can direct complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal; c. information about warranties and existing service after purchase; d. the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data 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. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Every agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 Right of Withdrawal

Upon delivery of products:

  1. Upon purchase of products, the consumer has the possibility to dissolve the agreement without giving reasons within 30 days. This reflection period starts the day after the consumer receives the product or a representative appointed by the consumer and communicated to the entrepreneur in advance.
  2. During the reflection 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 exercises his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days after receiving the product. The notification must be made using the model form. After the consumer has notified his intention to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example, by means of a proof of shipment.
  4. If the customer does not notify his intention to exercise his right of withdrawal and/or does not return the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase becomes a fact.

Article 7 Costs in Case of Withdrawal

(Any mention of "gratis retourneren" has been omitted as per your request.)

  1. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the webshop or conclusive evidence of complete return shipment can be provided. The refund will be made using the same payment method that the consumer used, unless the consumer explicitly consents to a different payment method.
  2. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the product's value.
  3. The consumer cannot be held liable for any reduction in the product's value if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 Exclusion of the Right of Withdrawal

  1. The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products: a. produced by the entrepreneur in accordance with the consumer's specifications; b. clearly personal in nature; c. which cannot be returned due to their nature; d. which can spoil or become obsolete quickly; e. whose price is subject to fluctuations in the financial market beyond the entrepreneur's control; f. for individual newspapers and magazines; g. for audio and video recordings and computer software whose seal has been broken by the consumer; h. for hygienic products whose seal has been broken by the consumer.
  3. Exclusion of the right of withdrawal is only possible for services: a. related to lodging, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period; b. whose provision has started with the consumer's express consent before the reflection period has expired; c. related to gambling and lotteries.

Article 9 The Price

  1. 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.
  2. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control, with variable prices. This binding to fluctuations and the fact that any mentioned prices are indicative prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they result from legal regulations or provisions; or b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.
  6. All prices are subject to typographical and printing errors. No liability is accepted for the consequences of typographical, setting, or printing errors. In the case of typographical and setting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 Conformity and Warranty

  1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of durability and/or usability, and with the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may have against the entrepreneur based on the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur 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.
  5. The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products himself and/or had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or treated contrary to the entrepreneur's instructions and/or handled as per the packaging;
    • The defectiveness is wholly or partially the result of regulations set by the government concerning the nature or quality of the materials used.

Article 11 Delivery and Execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and assessing requests for services.
  2. The delivery address is the address the consumer has communicated to the company.
  3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due haste but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fully or partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer has no right to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
  5. In case of dissolution according to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of a ordered product proves impossible, the entrepreneur will strive to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
  7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative appointed and communicated to the entrepreneur in advance, unless explicitly agreed otherwise.
  8. For more business orders via email on account, there is a minimum order value of €50 excluding VAT. Smaller orders can be processed with a surcharge of €6.20 excluding VAT.

Article 12 Long-term Transactions: Duration, Termination, and Extension

Termination

  1. The consumer can terminate a contract entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing agreed termination rules and a termination notice period of no more than one month.
  2. The consumer can terminate a contract entered into for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed period, observing agreed termination rules and a termination notice period of no more than one month.
  3. The consumer can:
    • terminate the aforementioned contracts at any time and not be limited to termination at a specific time or during a specific period;
    • terminate at least in the same manner as they were entered into;
    • always terminate with the same termination notice period that the entrepreneur has stipulated for themselves.

Extension

  1. A contract entered into for a fixed period involving the regular delivery of newspapers and weekly magazines may only be silently extended for a fixed duration of up to three months if the consumer can terminate this extended contract at the end of the extension with a termination notice period of no more than one month.
  2. A contract entered into for a fixed period involving the regular delivery of products or services may only be silently extended for an indefinite period if the consumer can terminate at any time with a termination notice period of no more than one month and a termination notice period of no more than three months in case the agreement involves the regular, but less than monthly, delivery of daily newspapers, news, and weekly magazines.
  3. A contract with a limited duration for the regular introductory delivery of daily newspapers, news, and weekly magazines (trial or introductory subscription) is not automatically extended and ends automatically after the trial or introductory period.
  4. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a termination notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the previously communicated reasonable costs.

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 within 2 months, fully and clearly described, after the consumer has noticed the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  5. For complaints, the consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved through mutual consultation, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not been reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding, and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee incurs costs that must be paid by the consumer to the respective committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, replace or repair the delivered products free of charge.

Article 15 Disputes

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 Liability for (Consequential) Damage

  1. Otronic is not liable for direct or indirect (consequential) damage that arises from the use of our products. Connecting or soldering our products in existing equipment is entirely at the customer's risk.