Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Continuing performance: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
- Grace period: The period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of exercising a profession or business and a distance contract with the with the entrepreneur;
- Day: calendar day;
- Duration Transaction: a distance contract with relating to a series of products and/or services, of which the obligation to delivery and/or purchase obligation is spread over time;
- Durable medium: every means that enables the consumer or consumer or trader to store information addressed to him personally in a to him personally, in a way that future consultation and unaltered reproduction of the unaltered reproduction of the stored information.
- Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
- Distancecontract: an agreement whereby in within the framework of a system organized by the entrepreneur for distance selling products and/or services, up to and including the conclusion of the agreement agreement makes exclusive use of one or more techniques for distance communication;
- Technique for distance communication: means that can can be used for concluding an agreement, without the consumer and the trader consumer and entrepreneur simultaneously in the same area come together.
Article 2 - Identity of the entrepreneur
Name of entrepreneur: Hikvision Alarm System
Place of business/visit address Transistorstraat 71-C, 1322 CK Almere
Phone number: +31 036 741 0660
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 78266556
Article 3 - Applicability
- These general conditions apply to any offer from the Entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these these general conditions to the consumer. If This is not reasonably possible, before the distance conclusion of the distance contract, shall be indicated that the general conditions the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge. as soon as possible and free of charge at the consumer's request.
- If the distance contract is concluded electronically, then, contrary to the previous Notwithstanding the preceding paragraph and before the distance concluded, the text of these terms and conditions may be made available to the consumer electronically be made available to the consumer in such a way that that the consumer can easily be stored on a durable medium. stored on a durable data carrier. If this is not reasonably If this is not reasonably possible, before the distance contract is concluded, be indicated where the general conditions can be viewed electronically and that they way and that, at the request of the consumer, they may be consulted free of charge electronically or otherwise be sent free of charge. sent free of charge.
- If, in addition to these general terms and conditions, specific product or service conditions product or service conditions apply, the second and third paragraphs shall apply by analogy and the third paragraph shall apply accordingly and the consumer can always rely on the In case of contradictory general conditions always rely on the applicable applicable provision which is the most favourable to him.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed enough for the consumer to properly assess the offer. possible. If the entrepreneur uses images are a true reflection of the products and / or services offered. services. Obvious mistakes or obvious errors in the offer The entrepreneur is not binding.
Each offer contains such information that it is clear to the consumer
is clear what the rights and obligations are that are connected to the acceptance of the offer.
are connected to the acceptance of the offer. This concerns in particular:
- The price includes taxes;
- Any costs of delivery;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- The method of payment, delivery and implementation of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the are calculated on a basis other than the regular basic rate for the for the chosen means of communication;
- whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, the data provided by him in the framework of the agreement may check and, if desired, repair;
- any other languages besides Dutch in which the agreement can be concluded;
- the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically consulted by electronic means; and
- the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The agreement
- The agreement comes into effect, subject to that which is stated in paragraph 4, at the moment established at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
- If the consumer has accepted the offer electronically, The trader will immediately confirm receipt of acceptance of the offer electronically. of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract. Agreement.
- If the agreement is concluded electronically, the trader will take trader will take appropriate technical and organizational measures to security of the electronic data transfer and ensures a secure a secure web environment. If the consumer is able to pay electronically the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the law - to inform The trader will inform the consumer - within the limits of the law - as to whether he can fulfill his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research good grounds for not entering into the agreement agreement, he is entitled to refuse an order or application or to implement application or to attach special conditions to the implementation.
- The entrepreneur will be with the product or service to the consumer the following information in writing or in such a way that the consumer consumer in an accessible manner can be stored on a durable medium sustainable data carrier, along with the product or service:
a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
b. the conditions on which and the way in which the consumer may exercise the right of right of withdrawal or a clear notification regarding the on the exclusion of the right of withdrawal;
c. the information on guarantees and existing service after purchase;
d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with this information 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 indefinite is.
- In the event of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the possibility of dissolving the agreement without giving any reason to dissolve for 14 days.
- During the cooling-off period the consumer will handle the product and its product and its packaging. He will only unpack or use the product to the extent unpacking or using the product only to the extent necessary to assess whether he wishes to keep the product. If he uses his If he exercises his right of withdrawal, he will be the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur provided reasonable and clear instructions.
- If The returned product can no longer be sold as new either by missing / severely damaged packaging or by damage on the products, there will be a portion of the purchase price will not be credited as compensation. With camera systems applies that they must not be initialized, otherwise there will be costs are connected.
- For business purchases, the right of withdrawal does not apply. If you have entered a company name when ordering, this will be seen as B2B.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of returning the goods.
- If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than within 14 days after the return or revocation, refund.
Article 8 - Exclusion of right of withdrawal
- The trader can preclude the consumer from having a right of withdrawal as far as provided for in paragraphs 2 and 3. The exclusion of the right of The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract. offer, at least in good time before concluding the contract. mentioned in the offer or at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the trader has no influence;
f. for single newspapers and magazines;
g. for audio- and video-recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period certain period;
b. of which the delivery has started with the explicit approval of the consumer, before the reflection period has expired;
c. concerning betting and lotteries.
Article 9 - The price
- During the period of validity mentioned in the offer, the prices of of the products and/or services offered not increased, except for price changes as a result of changes in VAT rates.
- Notwithstanding the preceding paragraph, the entrepreneur products or services of which the prices are subject to fluctuations on the financial financial market and on which the entrepreneur has no influence, with variable prices. variable prices. This link to fluctuations and the fact that The fact that any prices mentioned are target prices, will be offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed Agreement are only allowed if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only Agreement are only allowed if the entrepreneur has stipulated it and has stipulated and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 10 - Compliance and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and on the date of date of the conclusion of the contract existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. normal use.
- A by the entrepreneur, manufacturer or importer provided warranty does not affect the legal rights and claims that the consumer, based on the contract, can assert against the entrepreneur. Under the contract, the consumer can assert against the entrepreneur.
Article 11 - Delivery and implementation
- The entrepreneur will take the greatest possible care in receiving and carrying out orders of products and in products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in Article 4 of these general conditions is stated, the company will execute accepted orders with expeditiously but not later than within 14 days unless a longer delivery period is longer delivery period has been agreed. If the delivery is delayed or if an order is not or only partially can be performed, the consumer receives them no later than 14 days after he has placed the order. The consumer in in that case the consumer has the right to terminate the contract without costs and right to possible compensation.
- In case of dissolution in accordance with the previous paragraph, the operator the amount paid by the consumer as soon as possible, though at the latest At the latest within 14 days after termination.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will endeavour to provide a replacement article. available. At the latest upon delivery, it will be clearly and comprehensibly reported that a manner that a replacement product is delivered. At replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur. Entrepreneur.
- The risk of damage and/or loss of products rests with the The entrepreneur until the time of delivery to the consumer or a consumer or a pre-designated and the entrepreneur announced Unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
- The consumer may contract for an indefinite period entered into and which extends to the regular delivery of products (including electricity) or services, at any time terminate subject to the agreed termination rules and a notice of up to one month.
- The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services products (including electricity) or services at all times towards the end of the fixed term fixed term in compliance with the applicable termination termination rules and a notice of up to one month.
- The consumer can in the previous paragraphs agreements:
- terminate at all times and not be limited to termination at a specific time or during a specific period;
- at least terminate them in the same way as they were concluded by him;
- always terminate them with the same period of notice as the proprietor has stipulated for himself.
- An agreement that was entered into for a definite period of time and that regular delivery of products (including electricity) or services or services, may not be tacitly extended or renewed for a fixed period. renewed for a limited period.
- Notwithstanding the preceding paragraph, a contract for a definite period for a definite period of time and which extends to the regular delivery of daily of daily or weekly newspapers and magazines may be tacitly prolonged for a fixed period of for a fixed period of up to three months, if the consumer consumer this extended agreement at the end of the renewal may terminate the extended contract at the end of the extension with a period of notice that does not exceed one month.
- A fixed-term contract that has been concluded for regular delivery of products or services, may only be be extended tacitly for an indefinite period of time if the consumer may may terminate at any time with a notice of up to one month and a period of notice of up to three months if the agreement is to regularly, but less than once a month, daily, news and weekly newspapers and magazines.
- A contract with a limited duration for the regular supply, by way of introduction, of regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) shall (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or automatically at the end of the trial or introductory period.
- If a contract lasts more than one year, the consumer may After one year of the agreement the consumer may at any time terminate it with a period of notice of up to one month, unless the reasonableness and fairness against termination and fairness against termination before the end of the agreed resistant to the end of the agreed duration.
Article 13 - Payment
- As far as no other date has been agreed, sums payable by the consumer should be sums owed within 14 days after the start of the of the reflection period referred to in Article 6 paragraph 1. In case of an In case of an agreement to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the general conditions may general conditions never stipulate an advance payment of more than 50%. If an advance payment is stipulated, the consumer may not assert any rights whatsoever regarding the assert any right regarding the execution of the order or service(s) in question before service(s) before the advance payment has been made.
- The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
- In case of default of the consumer, the operator subject to legal restrictions, the right to the advance to the In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
Article 14 - Complaints
- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the implementation of the agreement must be submitted within time, fully and clearly described and submitted to the entrepreneur, after the consumer has found the defects.
- Complaints submitted to the trader will be replied to within a period of 14 days from the date of receipt. If a complaint a foreseeable longer processing time, by the entrepreneur within the period of 14 days with a message of receipt and an receipt and an indication when the consumer can expect a more detailed answer can expect.
- If the complaint cannot be solved by mutual agreement, it becomes a dispute that is subject to the dispute settlement procedure.
Article 15 - Disputes
- On contracts between the entrepreneur and the consumer to which these general conditions, is exclusively Dutch law apply.
Article 16 - Additional or different provisions
Additional provisions or provisions that deviate from these general conditions
may not be to the detriment of the consumer and should be in writing
be recorded in writing or in such a way that they can be stored by the consumer in an accessible
accessible way by the consumer can be stored on a durable medium.
Acceptance and payment conditions AfterPay® v.2.0-2017
The These contractual conditions apply to your visit to this this website, your application and assessment thereof and after approval of your application to the AfterPay payment service.
Article 1 Assessment of application
1.1. You have placed an order and opted to pay via the payment service (AfterPay®) of Arvato Finance B.V. which trades under the trades under the trade name AfterPay (hereinafter "AfterPay"). This choice does not immediately lead to an agreement with the merchant where you may pay via AfterPay. The merchant and AfterPay reserve the expressly reserve the right to reject your application without reason. reject your request. This depends on the result of the review of your data. data.
1.2. The result of the check will be shown to you If possible, you will be informed immediately online whether your application has been request is approved, or not, or approved conditionally. This conditional approval is in principle only the result of a data check by us. data check by us. If desired and possible, you can receive a statement of reasons. You can also contact the customer service of After one business day you can contact the AfterPay customer service.
1.3. AfterPay can, within one business day after initial conditional acceptance of your application to pay with AfterPay®, change it into a refusal to honour your application and thereby reject your into a refusal to honour an application and thereby reject your make use of a payment with AfterPay®. The conditional acceptance is related to the fact that the approval for the time being is only the result of a limited data check.
1.4. Every retailer is entitled to check you as a consumer when concluding a 1.4. Every merchant is entitled to check you as a consumer when concluding a purchase agreement (placing an order). For this purpose the merchant uses AfterPay if you choose to Paying with AfterPay®. For this purpose the following data are necessary to provide:
The name and address and contact details. This address may not be a P.O. box address and must be in the Netherlands;
2. The The registration number in the trade register of the Chamber of Commerce If you are buying through your (sole proprietorship/ partnership) company;
If you 3. If you want to pay as a sole proprietorship, partnership or general 3. If you want to pay as a sole proprietorship, partnership or corporation, we also ask for the name of the owner of the sole proprietorship or the names of the partners. 3. If you want to pay as a sole proprietorship, partnership or limited company, we also ask for the name of the owner of the sole proprietorship or the names of the partners or partners company at the time of the application;
4.The bank account number with which you will pay AfterPay® (only for direct debit).
1.5. To be able to pay with AfterPay® you have to comply with the following conditions:
1 You have an invoice and delivery address in the Netherlands. This address may not be a PO Box;
2 You have not been declared bankrupt, or have not been granted a suspension of payments 2 You have not been declared bankrupt, or have not been granted a moratorium, or otherwise been placed under guardianship or administration, or no application for this has been submitted. or no application for this has been submitted. Furthermore, you are not in a situation in which you have stopped paying your debts on time.
3 You have the power to decide or you are represented by a person who 3 You have power of disposal or are represented by a person who can legally represent you and is authorised to act on your behalf. on your behalf.
4 The value of the order is not less or more than the amount the than the amount the merchant allows you to pay after your purchase; and payment;
5 The provision of your data, to be able to use the AfterPay®, is necessary for the execution of the execution of the agreement and your choice to pay with AfterPay®. AfterPay and the merchant shall process your data for the purpose of your agreement
6 You declare by means of this application to pay with AfterPay®, you declare to be able to and to fulfill the from your order in time and in full by paying to AfterPay. by paying to AfterPay.
Article 2 Method of payment
2.1. Your choice to pay by means of the AfterPay® payment service means After acceptance of your request, the rights with regard to the amount owed by you are transferred to AfterPay®. amount owed by you for the order you have made, are transferred by the merchant to you. order, are transferred by the merchant to AfterPay. That means that after acceptance by AfterPay you only can pay Payments to AfterPay. AfterPay sends you an invoice with mentioned the amount due, separate from the delivery of the order. order. This is usually a digital invoice. If you pay to another other than AfterPay, leaves your payment obligation to AfterPay intact. AfterPay intact. You must then in a case (again) Pay, namely to AfterPay.
2.2. AfterPay reserves the right to 2.2. AfterPay reserves the right - to the extent permitted by law - to charge any costs of payment and / or other costs in case of return of your order return of your order.
2.3. If you choose 2.3. If you choose for the payment service AfterPay® in combination with AfterPay® you explicitly authorize AfterPay® to collect the (delivery) costs on your behalf. of the (delivery) costs to the (bank) account number you stated and you have paid in full as soon as the collection has been successfully completed and the period for reversal has expired. AfterPay hereby observes all applicable regulations in this respect.
2.4. AfterPay is authorized to exercise the same rights as the merchant based on the 2.4. AfterPay is authorized to exercise the same rights as the merchant can exercise against you based on the order.
AfterPay is at all times authorized to unilaterally transfer the claim on you to a third party.
Article 3 Costs of payment instructions3
.1 Any (bank) processing costs of applicant's payment instruction(s) are at your expense and risk.
3.2. You must ensure that sufficient funds are available on the account number specified by you. account number provided by you. If it is not possible to collect the amount due from your AfterPay can charge costs for not being able to collect the amount due from your account. (surcharge). You can avoid this by paying on time. If it AfterPay is unable to collect, even after you are in default, the debt will be the claim out of hands and will be charged higher costs (extrajudicial collection costs).
3.3. Up to one day before the collection transaction, you can legally revoke the 3.3. Up to one day before the debt collection transaction, you can legally revoke the debt collection order. In that case, article 6.1. applies and AfterPay can also charge costs in addition to the provisions in article 6. charge.
Article 4 Payment termYour
payment must be received by AfterPay within a period of 14 days after the invoice date, unless AfterPay within a period of 14 days after the invoice date, unless a different term has been agreed with you in writing. agreed upon with you in writing.
Article 5 Change of addressYou
AfterPay is obliged to notify AfterPay of any change in your your e-mail address or telephone number. As long as AfterPay has not received a change received, you are deemed to be available at the latest contact details known to AfterPay. known by AfterPay. Changes have to be reported to the AfterPay AfterPay customer service. You can send a change by post to Postbus 434, 8440 AK Heerenveen, the Netherlands, for AfterPay, by e-mail to email@example.com or by telephone on 020-7230 270. telephone call with AfterPay you only pay the normal costs of your telephone provider.
If you fail to pay within the period referred to in Article 4, the amount amount owed shall be immediately due and payable and you shall be in default without further You will be in default without any further notice.
6.2 If you have not paid within 14 days 6.2 If within 14 days after the invoice date you have not paid, AfterPay sends you a free e-mail reminder to point out that the payment term has been exceeded. payment term. If you do not respond to this reminder, AfterPay sends a reminder in which the amount due is increased by costs for debt collection. increased by costs for the collection. If you do not respond to this reminder If you also fail to respond to this reminder, AfterPay sends you a summons by mail (final reminder), in which the costs are increased again. The total extrajudicial collection costs are stated on the final reminder. reminder.
6.3. From the date on which you are in default, AfterPay is entitled to charge the From the date you are in default, AfterPay is entitled to charge statutory interest per month on the amount due by you. calculate the statutory interest per month over the amount due by you, you are also You also owe administration costs according to the Collection Costs Act in connection with AfterPay also owes you administration costs in accordance with the Collection Costs Act in connection with the payment reminders sent by AfterPay and AfterPay shall charge you for all reasonable costs to obtain payment, both extra AfterPay shall charge you all reasonable costs for obtaining payment, both extrajudicial and judicial. AfterPay is at choice for direct debit or single authorization, entitled to charge the total amount including costs and interest by means of direct debit or one-time direct debit or single direct debit from your bank account. debit from your bank account.
6.4. If there is attributable to you (breach of contract) costs have fallen due, payments made by you afterwards will first payments made by you will first be deducted from the costs that have the costs that have fallen due in the meantime. Only after the arisen costs Only after the outstanding costs have been paid in full can your payment be applied to amount originally owed by you.
Article 7 Protection of personal data of natural persons and use of dataAfterPay
respects everyone's privacy and ensures that information from natural persons is treated natural persons is treated confidentially. AfterPay refers AfterPay refers to its privacy statement, which is published on its website www.afterpay.nl. There you can read everything about the processing of personal of personal data, as well as questions about access to personal data and the personal data and how to exercise your rights arising from the applicable arise from the applicable regulations to protect your privacy. protect your privacy.
8 Liability 8.1.
AfterPay can only be held liable for damages that can be attributed to AfterPay can only be held liable for damages that can be attributed to intent or gross negligence, or that arise from circumstances circumstances that are at the risk of AfterPay by virtue of mandatory rules of law. risk. AfterPay shall never be liable for consequential or indirect damage and loss of profit or turnover.
8.2. If AfterPay, for any reason whatsoever, is liable to compensate any damage, the If, for whatever reason, AfterPay is obliged to compensate any damage, the compensation shall never exceed an amount equal to the invoice value with equal to the invoice value of the product or service which caused the damage. which the damage was caused.
9 Applicable law and competent court
services of AfterPay and all contracts concluded by it shall be governed by Dutch law. Dutch law is applicable. Disputes shall be submitted to the Competent court in the north of the Netherlands unless the law explicitly designates another Netherlands unless the law expressly designates another court as competent.
If you have any questions about a product and/or order(s), please contact our customer service via firstname.lastname@example.org or call +31 036 741 0660.