Web Purchasing Terms

These General Conditions of the Dutch Home Shopping Organization established in consultation with the Consumer under the Self (CZ) of the Social Economic Council and are effective as of January 1, 2011.

This contract will be used by all members of the Dutch Home Shopping Organization other than financial services under the Financial Supervision Act and provided such services under the supervision of the Financial Markets Authority.

Article 1 - Definitions

In these conditions apply:

Grace period: The period during which the consumer can exercise his right of withdrawal;
Consumer means a natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
Day: calendar;
Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the ability for consumers within the waiting period to waive the distance;
Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping Organization and products and / or remote services to the consumer;
Distance contract: an agreement whereby part of an organized system for the trader from selling products or services, to conclude the agreement exclusive use of one or more means of distance communication;
Technology for distance communication: medium which can be used to conclude a contract without the consumer and trader being in the same area have come together;

Article 2 - Identity of the operator

Cafe Brocante Renaissance

trading under the name / names: Renaissance38.com

Residency and visiting address:

38 Grand'rue Vaisse Bathélémy

Quillan, France

tel : 0468748649 or 0468742516 (Joke Westerveld)


Accessibility: 
From Monday to Friday from 9:00 hours to 21:00 hours 

Email:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

If the activity of the entrepreneur is subject to a relevant authorization, the details of the supervisory authority;

If the entrepreneur a regulated profession:

  • professional association or organization with which he is affiliated;
  • the professional, the place in the EU or the European Economic Area in which it was granted;
  • a reference to the professional rules applicable in the Netherlands and instructions where and how the professional rules accessible.

Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general conditions made available to the consumer.If this is not reasonably possible, before the distance is closed, that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge.
  3. If the distance contract is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer to be provided in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
  4. In the event that besides these terms and conditions specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable is.

Article 4 - The offer

  1. If an offer is a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
  3. Each offer contains such information that the consumer is clear what the rights and obligations, to accepting the offer are attached. This concerns in particular:
    • The price includes taxes;
    • any costs of delivery;
    • how the agreement will be achieved and what actions they require;
    • whether to apply the right of withdrawal;
    • the method of payment, delivery or performance of the contract;
    • The deadline for accepting the offer, or the deadline for adhering to the price;
    • the level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the regular fare for the means of communication;
    • whether the agreement after the adoption is filed, and if so how these consumers to consult;
    • the way consumers, for the conclusion of the contract by him under the contract data to check and repair if required;
    • Any language which, in addition to Dutch, the contract may be entered;
    • The conduct to which the trader is subject and the way the consumer can conduct electronic form consult and
    • the minimum duration of the distance contract in the event of an expensive transaction.

Article 5 - The contract

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the operator with appropriate safety precautions.
  4. The entrepreneur can - within the law - to inform consumers of its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance. If the operator under this investigation was justified in the agreement not to go, he is motivated entitled to refuse an order or request or special conditions to the implementation.
  5. The entrepreneur will the product or service to the consumer the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
    • a. the office address of the establishment of the business location where consumers can lodge complaints;
    • b. the conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
    • c. information on existing after sales service and guarantees;
    • d. in Article 4 paragraph 3 of these conditions include information, unless the operator this information already provided to the consumer prior to concluding the contract;
    • e. the requirements for terminating the agreement if the agreement has a duration exceeding one year or indefinite.
  6. In case of an expensive operation is the provision in the preceding paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal upon delivery of products

  1. When purchasing products, the consumer to the contract without giving any reason to dissolve for 14 days. This period commences on the day following receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
  2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use as necessary to assess whether he would prefer to retain. If he exercises his right of withdrawal, will the product with all accessories and - if reasonably possible - in its original condition and packaging to return the entrepreneur, according to information provided by the operator reasonable and clear instructions.

  3. On delivery of services:
  4. With the delivery of services the consumer to the contract without giving any reason to cancel at least fourteen days, starting on the day of entering into the agreement.
  5. To use his right of withdrawal, the consumer focus to the trader in the provision and / or no later than the supply for granted reasonable and clear instructions.

Article 7 - Costs of withdrawal

  1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
  2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancelation, refund.

Rule 8 - Exclusion of right of withdrawal

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the contract refers.
  2. Exclusion of the right of withdrawal is only possible for products:
    • a. by the entrepreneur to have been made to the consumer's specifications;
    • b. that are clearly personal in nature;
    • c. which by their nature can not be returned;
    • d. that rapidly decay or become obsolete;
    • e. whose price depends on fluctuations in the financial market on which the entrepreneur's control;
    • f. for individual newspapers and magazines;
    • g. for audio and video recordings and computer software that the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • a. on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
    • b. the supply with the express consent of the consumer, before the waiting period has expired;
    • c. on betting and lotteries.

Article 9 - The price

  1. During the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the operator has no control, with variable prices. These fluctuations and the fact that any price targets, are at the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
    • a. they are the result of laws or provisions;
    • b. the consumer has the power to terminate at the date the increase takes effect.
  5. The supply of products or services mentioned prices include VAT.

Article 10 - Compliance and Warranty

  1. The trader warrants that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
  2. By the trader, manufacturer or importer warranty provided does not affect the legal rights and claims that the consumer under the agreement against the owner may assert.

Article 11 - Delivery and implementation

  1. It will be the utmost diligence in the acceptance and implementation of orders and products in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in Article 4 of these terms is mentioned, the company accepted orders expeditiously but not later than 30 days, unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than one month after the order was placed.Consumers in this case the right to terminate the contract without penalty and be entitled to any compensation.
  4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, back pay.
  5. If delivery of an ordered product proves impossible, the trader will endeavor to make available a replacement item. Later than the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
  6. The risk of damage and / or loss of products rests with the employer until the time of delivery to the consumer or a pre-designated, and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 12 - Duration Transactions

  1. The consumer may contract for an indefinite always denounce the applicable termination notice rules and a maximum of one Mon
  2. A contract for a definite period has a maximum duration of two years. If it is agreed that the silence of the consumer distance contract will be renewed, the agreement will continue as a permanent contract and will continue after the notice of the agreement up to a month.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 14 days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract to provide a service, begins to run once the consumer has received confirmation of the agreement.
  2. When selling products to consumers in terms never a prepayment of more than 50% are stipulated. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
  3. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the trader.
  4. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.

Article 14 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under the complaints procedure.
  2. Complaints about the implementation of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has found the defects.
  3. When the trader complaints within a period of 14 days from the date of receipt. When a complaint with a longer processing time, then the trader within the period of 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect a more detailed answer.
  4. A complaint about a product, service or service of the entrepreneur may also be submitted via a complaint form on the consumer page of the website of the Dutch Thuiswinkel Organisatie .
    The complaint is then both the entrepreneur and the Dutch Thuiswinkel Organization.
  5. If the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.

Article 15 - Disputes

  1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
  2. Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to this entrepreneur delivered or delivered products and services, may, subject as provided below, by either the consumer or the trader to the Disputes Thuiswinkel , PO Box 90600, 2509 LP Den Haag ( www.sgc.nl ).
  3. A dispute by the Disputes Committee discussed only if the consumer complaint within a reasonable time to the trader.
  4. No later than three months after the dispute arose, the dispute in writing to the Complaints Board to be valid.
  5. If the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the entrepreneur that wants to do, the consumer within five weeks after a request by the employer in writing request, submit in writing to speak if he so desires or the dispute will be treated by the competent court. The entrepreneur learns the consumer choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
  6. The Arbitration Commission shall rule on the conditions, as defined in the rules of the Arbitration Board. The decisions of the Arbitration Board is binding advice.
  7. The Disputes Committee will be a dispute can not handle or will terminate, if the trader moratorium was granted, the state has become bankrupt or its business has actually ended, before a dispute by the Committee at the session and a final decision was delivered.
  8. If in addition Dispute Thuiswinkel a recognized or at the Foundation for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) connected arbitration committee has jurisdiction over disputes relating mainly to the method of sale or service remotely Disputes Thuiswinkel exclusive jurisdiction . For all other disputes or other approved by the SGC Kifid member arbitration committee.

Article 16 - Warranty Industry

  1. The Dutch Thuiswinkel Organisatie ensures compliance with the mandatory recommendations of the Dispute Thuiswinkel its members unless the member decides to binding opinion within two months after its dispatch order to the court for consideration. This guarantee revived, if the binding opinion after review by the state court and the verdict has been demonstrating this, the force of res judicata. Up to an amount of € 10,000, - a binding opinion, this amount by the Dutch Thuiswinkelorganisatie distributed to consumers. For amounts larger than € 10,000, - a binding decision, is € 10,000, - paid. For many, the Dutch Thuiswinkelorganisatie a commitment to ensure that the member meets the binding decision.
  2. For purposes of this guarantee requires that the consumer a written appeal form to the Dutch Home Shopping Organization and that his claim on the trader transfer to the Dutch Home Shopping Organization. If the claim on the entrepreneur exceeds € 10,000, - is offered to consumers as far as his claim that in excess of € 10,000, - leads to transfer to the Dutch Home Shopping Organization, and this organization in its own name and cost Payment of these rights will be asking to meet the consumer.

Article 17 - Additional or different terms

Additional or different provisions of these terms should not disadvantage the consumer and should be in written form or in such a way that the consumer in an accessible manner can be stored on a durable medium.

Article 18 - Amendments to the terms and conditions Thuiswinkel

  1. The Dutch Home Shopping Organization will not change these terms and conditions in consultation with the Consumer.
  2. Changes in these conditions are effective only after they are published in the appropriate way, provided that appropriate changes during the term of an offer to the consumer most favorable determination will prevail.

Dutch Home Shopping Organization Address: PO Box 7001, 6710 CB EDU.