Terms & Conditions
GENERAL CONDITIONS OF HOME SHOPPING
Arion Holding B.V.
6422 RE Heerlen, The Netherlands
CoC 141 191 95
Hereinafter: the entrepreneur.
Article 1 – Definitions
Unless explicitly specified otherwise, in these general conditions, the following terms are given the following meaning:
- Entrepreneur: the natural person or legal entity that offers products and/or services remotely to consumers;
- Consumer: the natural person not acting in the practice of a profession or company and that enters into an agreement remotely with the entrepreneur;
- Remote agreement: an agreement in which, in the context of a system organised by the entrepreneur for the remote sale of products and/or services, up to an including the conclusion of the agreement, exclusive use is made of one or more techniques for remote communication;
- Technique for remote communication: means that can be used to enter into an agreement, without the consumer and entrepreneur meeting in the same space and at the same time;
- Cooling-off period: the period within which the consumer can make use of the right of withdrawal;
- Right of withdrawal: the possibility for the consumer to withdraw from the remote agreement within the cooling-off period;
- Day: calendar day;
- Duration of transaction: a remote agreement relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over time;
- Durable data carrier: any means that enables the Consumer or Entrepreneur to save information that is geared to him personally in a way that makes it possible for the information to be consulted in future and enables unaltered reproduction of the saved information.
Article 2 – Applicability
- These general conditions apply to every offer by the Entrepreneur and to every agreement entered into remotely between the Entrepreneur and the Consumer.
- Before the remote agreement is entered into, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is entered into, it will be indicated that the general conditions are available for inspection at the Entrepreneur’s location and that they will be sent back upon initial request from the Consumer as quickly as possible and at no charge.
- If the remote agreement is entered into electronically, in deviation from the previous paragraph and before the remote agreement is entered into, the text of these general conditions will be made available in electronic format to the consumer in such a way that the consumer can easily save the conditions on a durable data carrier. If this is not reasonably possible, before the remote agreement is entered into, an indication will be provided of where the general conditions can be viewed in electronic format and that, upon request from the consumer, they will be sent electronically or by other means at no charge.
- In the event that other specific product or service conditions apply in addition to these general conditions, the second and third paragraph shall correspondingly apply and, in case of conflicting general conditions, the consumer can always invoke the conditions that are most favourable for him.
Article 3 – The offer
- If an offer has limited validity or is subject to conditions, this will be expressly stated in the offer.
- The offer contains a full and accurate description of the products and/or services offered. The description will be fully detailed to enable effective assessment of the offer by the consumer. If the entrepreneur makes use of images, these images will offer a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
- Every offer will contain sufficient information to make it clear to the Consumer what the rights and obligations are that are attached to the acceptance of the offer. This relates in particular to: the price including taxes; any delivery costs; the manner in which the agreement will be concluded and what steps are required for that; whether or not the right of withdrawal applies; the method of payment, delivery or implementation of the agreement; the acceptance period of the offer or the time limit for the price; the amount of the price for remote communication if the costs of the use of the technique for remote communication is calculated other than at the basic rate; if the agreement is archived after being concluded, how the Consumer can consult the agreement; the manner in which the Consumer can be informed of actions that he does not want before the conclusion of the agreement, as well as how these actions can be amended before the agreement is entered into; any languages in addition to Dutch in which the agreement can be entered into; the code of conduct to which the Entrepreneur is subject and how the Consumer can consult this code of conduct by electronic means; and the minimum duration of the remote agreement in case of an agreement which entails continuing or periodic delivery of products or services.
Article 4 – The agreement
- The agreement comes about, with reservation of the provisions in paragraph 4, at the moment that the Consumer accepts the offer and the conditions tied to that particular offer.
- If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm the receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance is not confirmed, the Consumer can terminate the agreement.
- If the agreement is entered into electronically, the Entrepreneur will use suitable technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the Consumer can make payment electronically, the Entrepreneur will take suitable security measures.
- The Entrepreneur can – within legal limitations – obtain information about the Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to concluding the agreement responsibly. If the Entrepreneur has good grounds not to enter into the agreement pursuant to this inquiry, he has the right to refuse an order or request, or to apply special conditions to the implementation.
- The Entrepreneur will send along the following information with the product or service to the Consumer, in writing or in such a way that they can be saved by the Consumer in an accessible manner on a sustainable data carrier:
- the visiting address of the Entrepreneur’s business establishment where the Consumer can go with complaints;
- the conditions under which, and the manner in which, the Consumer can make use of the right of withdrawal or a clear notification relating to the exclusion of the right of withdrawal;
- the information on existing service after purchase and guarantees;
- the information included in Article 3, paragraph 3 of these conditions, unless the Entrepreneur has already provided this information to the Consumer prior to the implementation of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of unlimited duration.
- If the Entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the initial delivery.
- If the Consumer’s home address cannot be determined, the Entrepreneur has the right, supported by reasons, to refuse an order or to apply special conditions to the delivery.
Article 5 – Right of withdrawal upon delivery of products
- During the purchase of products, the Consumer has the option to terminate the agreement within 14 business days without stating reasons. This period takes effect on the day following receipt of the product by or on behalf of the Consumer.
- During this period, the Consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine 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 conformance with the reasonable and clear instructions issued by the Entrepreneur.
Article 6 – Costs in case of withdrawal
- If the Consumer exercises his right of withdrawal, at a maximum he will bear the costs of return shipment.
- If the Consumer has paid an amount, the Entrepreneur will repay this amount as quickly as possible, but no later than within 30 days after the return shipment or withdrawal.
Article 7 – Exclusion of right of withdrawal
- If the Consumer does not have a right of withdrawal, this can only be excluded by the Entrepreneur if the Entrepreneur has indicated this clearly in the offer, or promptly prior to the conclusion of the agreement.
- The right of withdrawal can only be excluded for products:
- that are produced by the Entrepreneur in conformance with the Consumer’s specifications;
- that are clearly personal in nature;
- that, due to their nature, cannot be returned;
- that can deteriorate or expire rapidly;
- the price of which depends on fluctuations in the financial market not under control of the Entrepreneur;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal the Consumer has broken.
- The right of withdrawal can only be exercised for services:
- relating to lodging, transport, catering or hobbies to be carried out on a certain date or during a specific period;
- the delivery of which is commenced with the express agreement of the Consumer before the cooling-off period has elapsed;
- relating to betting and lotteries.
Article 8 – The price
- During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in the VAT rates.
- In deviation from the previous paragraph, the Entrepreneur can offer products of services for which the prices are bound to fluctuations in the financial market not under the control of the Entrepreneur with variable prices. This effect of fluctuations and the fact that any stated price rates are target prices will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement only apply if they are the result of legal regulations or provisions.
- Price increases as of 3 months after the conclusion of the agreement only apply if the Entrepreneur has stipulated this, and:
- these are the result of legal regulations or provisions; or
- the Consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
- The prices specified in the offer of products or services include VAT.
- The products or services specified in the offer exclude delivery costs.
Article 9 – Compliance and guarantee
- The Entrepreneur guarantees that the products and/or services satisfy the agreement, the specifications indicated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force as of the date of the conclusion of the agreement.
- An arrangement offered by the Entrepreneur, manufacturer or importer as a guarantee does not affect any rights and claims that the Consumer can bring with regard to a breach in the performance of the obligations of the Entrepreneur towards the Consumer pursuant to law and/or the remote agreement.
Article 10 – Delivery and implementation
- The Entrepreneur will take the best possible care when receiving and implementing orders for products and during the assessment of requests to provide services.
- The address that the Consumer has provided to the company will apply as the place of delivery.
- With due consideration for that which is specified in this regard in Article 3 of these general conditions, the company will fulfil accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed upon. If the delivery experiences delays, or if an order cannot or can only partially be made, the Consumer will be notified of this no later than within one month after placing the order. In that case, the Consumer has the right to terminate the agreement at no charge and the right to possible compensation.
- In case of dissolution in conformance with the previous paragraph, the Entrepreneur will refund the amount that the Consumer paid as quickly as possible, but no later than within 30 days after termination.
- If delivery of an ordered product proves impossible, the Entrepreneur will attempt to make a replacement item available. No later than upon delivery, a clear and understandable notification will be sent that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment will be at the Entrepreneur’s expense.
- Until the time of delivery to the Consumer, the risk of damage and/or loss of products rests with the Entrepreneur, unless expressly agreed upon otherwise.
Article 11 – Payment
- Insofar as it has not been agreed upon otherwise, the amounts owed by the Consumer must be paid by means of iDeal.
- The Consumer has the obligation to report errors in the provided or mentioned payment details immediately to the Entrepreneur.
- In the event of non-payment by the Consumer, the Entrepreneur has the right, subject to legal limitations, to charge a reasonable amount which is previously communicated to the Consumer and to add the statutory collection charges to the amounts owed by the Consumer.
Article 12 – Complaints procedure
- The Entrepreneur has a sufficiently publicised complaints procedure and any complaint will be handled in conformance with this complaints procedure.
- Complaints regarding the implementation of the agreement must be submitted to the Entrepreneur, completely and clearly described, within a reasonable period after the Consumer has discovered the defects.
- Complaints submitted to the Entrepreneur will be responded to within a period of 14 days to be calculated as of the date of receipt. If a complaint requires a foreseeably longer processing time, the Entrepreneur will reply within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed reply.
Article 13 – Applicable law
- The agreements between the Entrepreneur and the Consumer to which these general conditions relate are exclusively subject to the laws of the Netherlands.
Article 14 – Additional or different provisions
- Additional provisions of and/or deviations from these general terms and conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can store them in an accessible manner on a durable data carrier.
Article 15 – Change and place of filing of the conditions
- These terms and conditions are deposited at the offices of the Chamber of Commerce of Limburg in Maastricht. The most recently filed version and/or the version which applied during the formation of the agreement will be applicable.