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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
General terms and conditions cleaning services
For the purpose of these terms and conditions the following is understood as:
1. Additional agreement: an agreement in pursuance of which the consumer acquires products, digital content and/or services in connection with a distance agreement and the said goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an arrangement between the said third party and the entrepreneur;
2. Reflection period: the period during which the consumer can rely on his right of withdrawal;
3. Consumer: the natural person who does not act in the course of a business or profession and who concludes a distance agreement with the entrepreneur;
4. Day: a calendar day;
5. Digital content: data that are produced and delivered in digital form;
6. Continuing performance agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Model form: the model form for withdrawal that the entrepreneur makes available and that the consumer can fill in if he wants to rely on his right of withdrawal.
8. Sustainable data carrier: each and every medium that enables the consumer or entrepreneur to save information addressed to him in person in a manner that enables future consultation and unchanged reproduction of the saved information;
9. Right of withdrawal: the possibility for the consumer to waive the distance agreement within the reflection period;
10. Entrepreneur: the natural or legal person who remotely offers products and/or services to consumers;
11. Distance agreement: an agreement where in the context of a system for distance sales of products and/or services organised by the entrepreneur, up to and including the conclusion of the agreement, use is exclusively made of one or more techniques for distance communication;
12. Technique for distance communication: means that can be used for the conclusion of an agreement without the consumer and the entrepreneur simultaneously meeting in the same room.
Name of entrepreneur: DFNS B.V.
Registered address: James Wattlaan 7, 5151 DP Drunen, the Netherlands
Visiting address: James Wattlaan 7, 5151 DP Drunen, the Netherlands
Telephone number: +31 (0) 416-751050
Availability: 0900h – 1700h on weekdays
Email address: info@dfns.com
CoC number: 74152408
VAT identification number: (NL)859790265B01
The entrepreneur acts as an independent seller in relation to the products on this Webshop and is in no way the representative, agent or otherwise an affiliate of Adidas
1. These general terms and conditions are applicable to each and every offer of the entrepreneur and to each and every distance agreement concluded by and between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is reasonably not possible then, before the distance agreement is concluded, it shall be indicated that the general terms and conditions can be inspected at the entrepreneur and are, at the request of the consumer, sent free of charge as soon as possible.
3. If the distance agreement is concluded electronically then it is possible to, in derogation from the previous paragraph and before the distance agreement is concluded, make the text of these general terms and conditions available to the consumer electronically, in such manner that they can easily be saved by the consumer on a sustainable data carrier. If this is reasonably not possible then, before the distance agreement is concluded, it shall be indicated where note can be taken of the general terms and conditions electronically and that they are, at the request of the consumer, sent electronically or otherwise free of charge as soon as possible.
4. If, apart from these general terms and conditions, specific product or service terms and conditions are applicable, then the second and third paragraph are equally applicable and the consumer can, in case of contradictory general terms and conditions, always rely on the applicable provision that is most favourable to him.
5. If one or more provisions of these general terms and conditions is, at any time, invalid or nullified, either in whole or in part, then the agreement and these terms and conditions otherwise remain in full force and effect and the relevant provision shall forthwith be replaced, in joint consultation, by a provision that best approaches the scope of the original provision.
6. Situations that are not regulated in these general terms and conditions must be assessed according to ‘the spirit’ of these general terms and conditions.
7. Obscurities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted according to ‘the spirit’ of these general terms and conditions.
1. If an offer has a limited period of validity or is made subject to conditions then this is mentioned expressly in the offer.
The offer is subject to contract. The entrepreneur is entitled to change and adjust the offer.
2. 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 then they provide a truthful representation of the offered products and/or services. The entrepreneur cannot guarantee that the indicated colours correspond exactly with the actual colours of the products. Manifest errors or manifest mistakes in the offer shall not have binding effect on the entrepreneur.
Any and all images, specifications and data in the offer are indicative and cannot give cause to compensation or rescission of the agreement.
3. Each and every offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with acceptance of the offer. This particularly regards:
- the price, including taxes;
- the potential shipping costs;
- the manner that the agreement shall be concluded and what acts are required for it;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and implementation of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs of the use of the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after the conclusion, and if so how it can be consulted by the consumer;
- the way that the consumer can, before the conclusion of the agreement, check the data supplied by him in the context of the agreement and, if so required, rectify the same;
- the potential other languages in which, apart from Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the manner that the consumer can consult the said codes of conduct electronically.
1. The agreement is, subject to the proviso of the provisions set forth in paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the relevantly imposed conditions.
2. If the consumer accepted the offer electronically then the entrepreneur forthwith confirms the receipt of the acceptance of the offer electronically. As long as the receipt of the said acceptance has not been confirmed by the entrepreneur, the consumer can rescind the agreement.
3. If the agreement is concluded electronically then the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and provides for a safe web environment. If the consumer can pay electronically then the entrepreneur shall observe relevantly appropriate security measures.
4. The entrepreneur can - within the statutory boundaries - ascertain itself of the fact whether the consumer can comply with its payment obligations, as also of the facts and factors that are important to a responsible conclusion of the distance agreement. If, in pursuance of the said screening, the entrepreneur has good reasons not to conclude the agreement then the entrepreneur shall be entitled to refuse an order or request in a substantiated manner or to impose special conditions on the implementation.
5. The entrepreneur shall include the following information, in writing, in the shipment of the product or service to the consumer:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions on the basis of which and the manner that the consumer can rely on the right of withdrawal or a clear indication regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the data included in article 4 of these terms and conditions, unless the entrepreneur has already supplied the said data to the consumer prior to the implementation of the agreement.
Each and every agreement is concluded on the suspensive condition of sufficient availability of the relevant products.
1. Upon the purchase of products, the consumer has the possibility of rescinding the agreement, without stating reasons, during a period of 14 days. The said reflection period commences on the day that the consumer or a representative designated by the consumer in advance and communicated to the entrepreneur took receipt of the product.
2. During the reflection period the consumer shall handle the product and packaging diligently. He shall only unpack the product to the extent that this is required to be able to assess whether he intends to retain the product. If he relies on his right of withdrawal then he shall return the product with any and all delivered accessories and - where reasonably possible - in the original state and packaging to the entrepreneur, all in conformity with the reasonable and clear instructions given by the entrepreneur.
3. If the consumer intends to rely on his right of withdrawal then he is held to communicate this to the entrepreneur within 14 days after receipt of the product. The consumer communicates this by means of the model form. After the consumer has communicated that he intends to rely on his right of withdrawal the customer must return the product within 14 days. The consumer must evidence that the goods delivered were returned in a timely fashion, for instance by means of proof of postage.
4. If after the periods as intended in paragraph 3 the customer did not indicate that he wants to rely on his right of withdrawal respectively did not return the product to the entrepreneur then the sale and purchase becomes irrevocable.
If the consumer paid an amount then the entrepreneur shall forthwith, however at the latest within 14 days after withdrawal, repay the said amount. The consumer can only claim compliance with the obligation of the entrepreneur to repay already paid amounts after the entrepreneur has received the product or after the consumer demonstrated that he has returned the products, depending on what time occurs first.
The entrepreneur can exclude the right of withdrawal of the consumer for products to be specified further if the entrepreneur mentioned this clearly in the offer, at least in a timely fashion prior to the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible in respect of products:
a. that were realised by the entrepreneur in accordance with specifications of the consumer;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature.
1. During the period of validity specified in the offer the prices of the products and/or services offered are not increased, barring price changes as a result of changes in VAT rates.
2. In derogation from the previous paragraph, the entrepreneur can offer products or services of which the prices are subject to fluctuations on the financial market and that are beyond the control of the entrepreneur on the basis of variable prices. The said effect of fluctuations and the fact that potentially specified prices are recommended prices is mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory schemes or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur stipulated this and:
a. they are the result of statutory schemes of provisions; or
b. the consumer has the authority to terminate the agreement effective from the day that the price increase takes effect.
5. The prices specified in the offer of products and services are exclusive of VAT.
1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of solidness and/or usability and the statutory provisions and/or official rules applicable on the date of the conclusion of the agreement. If stipulated then the entrepreneur also warrants that the product is suitable for use other than normal use.
2. An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can enforce vis-à-vis the entrepreneur in pursuance of the agreement if the entrepreneur failed to comply with its part of the Agreement.
3. The entrepreneur shall not be responsible for the suitability of the products for each and every individual application by the consumer or for potential recommendations with regard to the use or the application of the products.
4. The warranty does not apply if:
- The consumer repaired and/or processed the delivered products or had third parties repair and/or process the same;
- The delivered products were exposed to abnormal circumstances or were otherwise handled negligently or were treated in violation of the instructions of the entrepreneur and/or the packaging;
- The inferiority is, either fully or partly, the result of rules that were or shall be imposed by the official authorities with regard to the nature or the quality of the materials applied.
1. The entrepreneur shall observe the utmost diligence when taking receipt of and when implementing orders for products and when assessing requests for the provision of services.
2. The address that the consumer communicated to the company qualifies as the place of delivery.
3. In consideration of the provisions set forth above in article 4 of these general terms and conditions, the company shall implement accepted orders expeditiously, however at the latest within 30 days, unless the consumer agreed with a longer delivery period. If the delivery is subject to a delay, or if an order cannot be implemented or only partly, then the consumer receives notification of this at the latest 30 days after he has placed the order. As the occasion arises, the consumer is entitled to rescind the agreement without having to pay any costs and without entitlement to potential compensation.
4. In case of rescission in conformity with the previous paragraph, the entrepreneur shall repay the amount tat the consumer paid as soon as possible, however at the latest within 14 days after rescission.
5. The risk of damage to and/or loss of products is vested in the entrepreneur up to the moment of delivery to the consumer or a previously designated representative communicated to the entrepreneur, unless expressly stipulated otherwise.
1. To the extent that the agreement or additional terms and conditions do not determine otherwise, the amounts payable by the consumer must be paid within 14 days after the entry into force of the reflection period, or when a reflection period is absent, within 14 days after the conclusion of the agreement.
1. The entrepreneur disposes of a sufficiently communicated complaints procedure and handles the complaint in accordance with the said complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in a complete and clear manner within 7 days after the consumer has observed the defects.
3. Complaints submitted to the entrepreneur must be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time then the entrepreneur answers within the period of 14 days with a message confirming receipt and an indication when the consumer can expect a more extensive reply.
4. If a complaint is deemed to be well-founded by the entrepreneur then the entrepreneur shall, at its sole discretion, replace or repair the delivered products free of charge.
5. If the complaint cannot be solved in joint consultation then a dispute arises that is susceptible to the institution of proceedings before the relevantly competent district court. Reference is made to the provisions set forth in article 14 of the present general terms and conditions.
1. Dutch law is exclusively applicable to agreements between the entrepreneur and the consumer to which these general terms and conditions are applicable, with the exclusion of the Vienna Sales Convention.
2. The Dutch court is competent to take cognisance of potential disputes that may arise in connection with the agreement.
These General Terms and Conditions apply to all cleaning services of DFNS B.V. In the case of conflict between these additional terms with regard to the cleaning services of DFNS B.V. and the general terms and conditions of DFNS B.V., these additional terms will prevail on each cleaning service of DFNS B.V.
Execution of the agreement
Liability
