Terms and Conditions.
Article 1 - Definitions
In these terms and conditions shall apply:
Entrepreneur: the natural or legal products and / or remote services and consumer services;
Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
Distance contract: an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
Transaction Duration: a distance contract concerning 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 addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
BanuChai is a trade name of ABC Trading
2517 BP The Hague
Phone number: + 31 (0) 85 060 28 57
Available by telephone from Monday to Friday between 09.00 and 17.00 hours.
E-mail address: info@BanuChai.com
Chamber of Commerce number: 69274479
VAT identification number: NL857812117B01
Article 3 - Applicability
These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
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 contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically 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 may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
Article 4 - The offer
If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.
Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
The price including taxes;
the possible costs of delivery;
The manner in which the agreement will be established and what action is required for this purpose;
Whether or not it applies to the right of withdrawal;
the method of payment, delivery or execution of the agreement;
the period for accepting the offer or the period for adhering to the price;
the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
if the agreement is archived after the conclusion, how it can be consulted by the consumer;
how the consumer before the conclusion of the contract not by him popular acts can get informed, and the way he can recover before the contract is concluded;
the possible languages in which, in addition to Dutch, the agreement can be concluded;
The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and
the minimum duration of the distance contract in case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 - The contract
The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
The entrepreneur can - within the law - to inform or to satisfy the consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to bind. Implement special conditions
The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
the visiting address of the establishment of the business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear one
notification concerning the exclusion of the right of withdrawal;
c. information on existing after sales service and guarantees;
d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery;
and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or for an indefinite period
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. If the entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal
The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.
For services and digital content which is not supplied on a tangible medium:
The consumer may dissolve a service agreement and a non-material delivery delivery agreement for at least 14 days without redeeming reasons. The entrepreneur may ask the consumer for the reason for revocation, but do not oblige them to state their reasons.
The term referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.
Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original appraisal, the term of office expires 14 days after the date on which the consumer has received that information.
Article 7 - Obligations of the consumer during the reflection
During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that permitted by paragraph 1.
The consumer is not liable for impairment of the product if the entrepreneur has not provided him with all statutory mandatory information on the right of withdrawal before or upon the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and cost of
If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or otherwise unambiguously.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative) of the entrepreneur. This does not have to be taken if the entrepreneur has offered the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.
The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
The consumer carries the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur decides to bear the costs himself, the consumer does not have to bear the cost of returning.
If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale starts in a limited volume or quantity during the cooling-off period, the consumer is the entrepreneur amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the commitment.
The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or;
-b. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
The consumer is not responsible for the full or partial delivery of non-material digital content, provided that:
-a he has not explicitly consented to the commencement of the agreement prior to the delivery before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
-the entrepreneur has failed to confirm this statement from the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.
Article 9 - Obligations of the trader in case of withdrawal
If the vendor makes the notification possible by electronic means, the vendor will send a receipt of receipt immediately upon receipt of this notification.
The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
The entrepreneur uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can the following products and services exclude the right of withdrawal, but only if the Entrepreneur indicated this clearly in the offer, at least in time for the conclusion of the agreement, stated:
Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period;
Agreements that are concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
Service contracts, after full execution of the service, but only if:
-a implementation has begun with the express prior consent of the consumer; and
-b the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Service agreements for the provision of accommodation, provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities provided for in the agreement for a certain date or period of implementation thereof;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
Products which, by their nature, are irrevocably mixed with other products;
Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to this;
The delivery of digital content other than on a tangible medium, but only if:
-a implementation has begun with the express prior consent of the consumer; and
-b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - Price
During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
a) they are the result of legal regulations or provisions; or
b) the consumer has the authority to terminate the contract by the day on which the price increase takes effect.
The supply of products or services mentioned prices include VAT.
Article 12 - Conformity and Guarantee
The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and and on the date of the conclusion of the agreement existing legal provisions / or government regulations.
An arrangement offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that consumers entrepreneur can assert on the basis of the law and / in respect of a failure to fulfill the obligations of the employer against or the distance contract.
Article 13 - Delivery and implementation
The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has informed to the company.
With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 30 days after repudiation.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 -Duration transactions: duration, cancellation and extension
The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
The consumer can agree the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or in a given period;
- cancel at least in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily newspapers and magazines and magazines may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement terminate the end of the renewal with a notice period of no more than one month.
An agreement entered into for a limited period of time, which involves the regular delivery of products or services may only be extended for an indefinite period of time if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event of the agreement being arranged but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.
Article 15 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
When selling products to consumers are stipulated. In terms never a prepayment of more than 50% If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s) before the advance payment has been made.
The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known
Article 16 - Complaints
The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
Article 17 Intellectual property.
The Buyer acknowledges explicitly that all intellectual property rights of displayed information, announcements or other expressions relating to the products and / or related to the internet site belong to BanuChai its suppliers or other entitled parties.
Article 18 Personal Data.
Article 19 Applicable law and competent court.
Exclusively Dutch law applies to all offers of BanuChai, its agreements and the execution thereof. Applicability of the Vienna Sales Convention is explicitly excluded.
Article 20 Links
Article 21 Your rights
You can always ask BanuChai which data is processed about you. You can send an e-mail for this. You can also ask BanuChai by e-mail to make improvements, additions or other corrections that BanuChai will process as soon as possible. If you no longer wish to receive information, you can inform BanuChai. Sending information only happens if you have provided your e-mail address.
Article 22 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner