PFAS

General Terms and Conditions Testenoppfas.nl

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act 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 relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that allows the consumer or entrepreneur to store information directed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
7. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in if he wants 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, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, one or more techniques for distance communication are used exclusively;
10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having simultaneously come together in the same space.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the 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 are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store them in an easy way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon request by the consumer.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, the contract and these terms and conditions will otherwise remain in force and the relevant provision will, in mutual consultation, be immediately replaced by a provision that approaches the intent of the original as closely as possible.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

1. If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications in the offer are indicative and can’t be a reason for compensation or dissolution of the contract.
5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
6. Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price including taxes; any costs of delivery; the way in which the contract will be concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery, and performance of the contract; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used means of communication; whether the contract is archived after conclusion, and if so how it can be consulted by the consumer; the way in which the consumer can check and, if desired, restore the information he has provided in the context of the contract before it is concluded; any other languages in which, in addition to Dutch, the contract can be concluded; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in case of an extended transaction.

1. The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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 contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible enter into the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, he is entitled to refuse or attach special conditions to a motivated order or request.
5. The entrepreneur will provide the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: the visit address of the establishment of the entrepreneur where the consumer can address complaints; the conditions under which and the way 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 data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the contract; the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

1. When purchasing products, the consumer has the option to dissolve the contract without reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
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 determine 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 the original state and packaging to the entrepreneur, following reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must indicate this through the model form or another communication medium such as e-mail. After the consumer indicates that he wishes to use 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 providing proof of shipment.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

1. If the consumer exercises his right of withdrawal, at most the costs of return shipment 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 14 days after withdrawal. The condition being that the product has already been received by the online retailer or conclusive proof of complete return is provided. Reimbursement will be made using the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has failed to provide all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products: that have been created by the entrepreneur in accordance with the consumer's specifications; that are clearly personal in nature; that by their nature cannot be returned; that can spoil or age quickly; whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence; for loose newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services: regarding accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period; the delivery of which has started with the explicit consent of the consumer before the reflection period has expired; regarding betting and lotteries.

1. During the validity 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. By way of derogation 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 influence, at variable prices. This binding to fluctuations and the fact that any listed prices are target prices are stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: they are the result of statutory regulations or provisions; or the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to misprints and typing errors. No liability is accepted for the consequences of misprints and typing errors. The entrepreneur is not obliged to provide the product according to the incorrect price in case of misprints and typing errors.

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
4. The warranty period of the entrepreneur corresponds to the factory 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 themselves or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging; the defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the applied materials

1. The entrepreneur will exercise 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 deemed to be the address that the consumer makes known to the company.
3. With due regard for what is stated about this in paragraph 4 of this article, the company will execute accepted orders promptly but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs. The consumer has no right to compensation.
4. All delivery periods are indicative. No rights can be derived by the consumer from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Upon delivery at the latest, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur's account.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

1. The consumer can terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the specified term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or in a specific period; at least terminate in the same manner as they were concluded by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.

1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a definite duration.
2. By way of derogation from the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines can be tacitly extended for a definite period of up to three months if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.
3. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract extends to the regular, but less than once a month, delivery of daily-, news-, and weekly newspapers and magazines.
4. A contract with a limited duration to regularly introduce daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period. Duration 1. 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 notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the reflection period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

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 contract must be submitted to the entrepreneur fully and clearly described within 2 months 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 period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution.
5. With complaints, a consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The online store is currently not affiliated with a quality mark with a disputes committee.
6. A complaint doesn't 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 its discretion, replace or repair the delivered products free of charge.

1. Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply. This applies even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.