Terms and conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply
'withdrawal period' means the period within which the consumer can exercise his right of withdrawal;
'consumer' means a natural person who is not acting in the course of a trade, business
'consumer' means any natural person who is not acting for purposes relating to his trade, business or profession and who concludes a distance contract with the trader
'durable transaction' means a distance contract for a range of products and/or services where the obligation to supply and/or purchase is spread over time
'durable medium' means any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference and to reproduce it in an unchanged form.
“Right of withdrawal” means the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
'trader' means a natural or legal person who offers products and/or services to consumers at a distance
'distance contract' means a contract that makes exclusive use of one or more means of distance communication in the context of an arrangement organized by the trader for the distance sale of goods and/or services until the moment of conclusion of the contract
'means of distance communication' means any technique that can be used to conclude a contract without the consumer and the trader being in the same room at the same time.
General conditions: the current general conditions of the trader.
Article 2 - Identity of the Company
Online Services Guanaco
CHAMBER OF COMMERCE: 81625960
Article 3 - Usability
These general conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated prior to the conclusion of the distance contract that the general conditions are available for consultation at the trader's premises and that they will be sent to the consumer free of charge at the consumer's request as soon as possible.
Notwithstanding the previous paragraph, if the distance contract is concluded by electronic means, the text of these general terms and conditions must be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable medium before concluding the distance contract. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general conditions can be consulted electronically and that they shall be sent free of charge to the consumer at his request, either electronically or by other means.
If specific product or service requirements apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him or her in case of conflicting General Terms and Conditions. If at any time one or more provisions of these General Terms and Conditions are invalid or wholly or partially repealed, the agreement and these Terms and Conditions will otherwise remain in force and the provision in question will immediately be replaced in mutual consultation by a provision that comes as close as possible to the scope of the original provision.
Situations not covered by these General Terms and Conditions shall be evaluated “in the spirit” of these General Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our General Conditions shall be interpreted “in the spirit” of these General Conditions.
Article 4 - The offer
If an offer has a limited duration or is subject to conditions, this must be expressly stated in the offer.
The offer is without obligation. The Entrepreneur has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer. If the entrepreneur uses images, these must be a true reflection of the products and / or services offered. Obvious errors or obvious mistakes in the offer are not binding for the entrepreneur.
All images, specifications and information in the offer are indicative and cannot lead to compensation or cancellation of the contract.
The images of the products are a true representation of the products offered. The Company cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to the following:
The price, with the exception of customs clearance costs (if applicable). These additional costs will be at the expense and risk of the customer.
Any costs for transportation;
How the contract will be performed and what steps are required for this;
Whether or not the right of withdrawal is applicable;
Method of payment, delivery and performance of the contract;
The deadline for accepting the offer or the period within which the trader guarantees the price;
The amount of the distance communication tariff, if the cost of using the means of distance communication is calculated on a basis other than the basic standard tariff for the means of communication used;
whether the contract is archived after it has been concluded and, if so, how the consumer can access it; the means by which the consumer can, before the conclusion of the contract, verify the information provided under the contract and, if necessary, correct it;
any languages other than English in which the contract can be concluded
the codes of conduct to which the trader is subject and how the consumer can access these codes of conduct by electronic means and the minimum duration of the distance contract in case of an extended transaction.
Optional: available sizes, colors and materials.
Article 5 - Agreement
Without prejudice to paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and the conditions set out in the offer are fulfilled.
If the consumer has accepted the offer electronically, the trader shall immediately acknowledge receipt of the electronic acceptance of the offer. As long as the trader has not acknowledged receipt of this acceptance, the consumer can cancel the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and will ensure a secure web environment. If the consumer has the possibility to pay electronically, the trader will take appropriate security measures.
The trader may - within the limits of the law - investigate the consumer's ability to fulfill his payment obligations and all the facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this examination, the trader has good reasons not to conclude the contract, he is entitled to reject an order or application or to impose specific conditions for its fulfillment.
The trader must provide the consumer with the following information together with the goods or services, in writing or in such a way that the consumer can store it in an easily accessible way on a durable medium:
- the visiting address of the trader's business premises where the consumer can address complaints
- the conditions and means for the consumer to exercise the right of withdrawal or a clear statement that the right of withdrawal does not apply; and
- information about warranties and existing after-sales services.
- the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided that information to the consumer prior to the conclusion of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is open-ended.
In the case of a fixed-term contract, the provision of the previous paragraph only applies to the first delivery.
Each contract is concluded subject to sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to cancel the contract without giving reasons for a period of 14 days. This withdrawal period starts the day after the consumer or a person previously designated by the consumer and the representative notified by the entrepreneur has received the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he must return the product with all accessories and - if reasonably possible - in its original condition and packaging to the trader in accordance with the reasonable and clear instructions given by the trader.
When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader of this within 14 days of receipt of the product. The consumer must notify this in a written message/email. Once the consumer has notified that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, e.g. by means of a postal certificate.
If, at the end of the periods referred to in paragraphs 2 and 3, the consumer has not communicated his wish to exercise the right of withdrawal or has not returned the goods to the trader, the purchase shall be deemed to have taken place.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the cost of returning the products must be borne by the consumer.
If the consumer has paid an amount, the trader must reimburse this amount as soon as possible and no later than 14 days after the contract has been canceled. The condition is that the product has already been received by the seller or that definitive proof of complete return of the product can be provided.
Article 8 - Exclusion from the right of withdrawal
The trader may exclude the consumer from the right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly indicated this at the time of the offer or at least in good time before the conclusion of the contract.
It is only possible to exclude the right of withdrawal for products that
- created by the trader according to the consumer's specifications;
- that are clearly personal in nature;
- which cannot be returned due to their nature;
- that deteriorate or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygiene products on which the consumer has broken the seal.
It is only possible to exclude the right of withdrawal for services:
- On accommodation, transportation, catering or leisure activities to be carried out on a specific date or during a specific period;
- if delivery, with the consumer's express consent, has commenced before the expiry of the withdrawal period;
- in connection with betting and lotteries.
Article 9 - Price
During the validity period of the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market, over which the trader has no control, at variable prices. This connection to fluctuations and the fact that all prices mentioned are recommended prices will be mentioned together with the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are a result of legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they are a result of legal provisions or regulations; or
The consumer has the right to terminate the agreement on the day the price increase comes into effect. All prices may contain printing and typing errors. We accept no responsibility for the consequences of printing and typing errors. In case of printing and typing errors, the contractor is not obliged to deliver the product at the wrong price.
Article 10 - Compliance and warranty
The entrepreneur guarantees that the products and/or services are in accordance with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the statutory and/or governmental regulations applicable at the time the contract is concluded. If agreed, the contractor also guarantees that the product is suitable for other than normal use.
A guarantee by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery.
The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never liable for the ultimate suitability of the products for each individual use by the consumer or for advice on the use or application of the products.
The warranty does not apply if:
The Consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the contractor and/or treated on the packaging;
The defect is wholly or partly the result of regulations that the government has issued or will issue with regard to the nature or quality of the materials used.
Article 11 - Delivery and performance
The company takes the greatest possible care when receiving and fulfilling product orders.
The place of delivery is the address provided by the Consumer to the Company.
Without prejudice to Article 4 of these General Terms and Conditions, the Company will fulfill accepted orders immediately, but no later than within 60 days, unless the Consumer has agreed to a longer delivery time. If delivery has been delayed or if an order cannot be executed or can only be partially executed, the consumer must be informed of this within 60 days after placing the order. In that case, the consumer is entitled to cancel the agreement free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur must endeavor to deliver a replacement product. The fact that a replacement item has been delivered must be reported in a clear and understandable manner no later than upon delivery. The right of withdrawal cannot be excluded in the case of replacement goods. The costs of any return shipment shall be borne by the supplier.
The risk of damage and/or loss of products lies with the contractor until such time as the product is delivered to the consumer or a representative previously designated and notified to the contractor, unless explicitly agreed otherwise.
Article 12 - Extended maturity transactions: maturity, cancellation and renewal
Notice of termination
The consumer always has the right to terminate an open-ended contract for the regular supply of goods (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may conclude fixed-term contracts for the regular supply of goods (including electricity) or services and may terminate the contract at any time at the end of the fixed-term period in accordance with the applicable termination rules and with a maximum notice period of one month.
The consumer may terminate the contracts referred to in the previous paragraphs.
The Consumer may terminate them at any time and is not limited to termination at a specific time or for a specific period;
at least terminate them in the same way as he himself has terminated them;
always terminate them with the same notice period that the entrepreneur has set for himself.
Extension
A contract concluded for a fixed term covering the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers or periodicals may be automatically renewed for a fixed period not exceeding three months if the consumer has the right to terminate the renewed contract at the end of the renewal period with a maximum notice period of one month.
A fixed-term contract for the regular supply of goods or services may be extended automatically for an indefinite period only if the consumer has the right to terminate the contract at any time with a maximum notice period of one month and a maximum period of three months if the contract concerns the regular supply of daily or weekly newspapers or periodicals, but less than once a month.
A fixed-term contract for the regular supply of daily or weekly newspapers and periodicals on an introductory basis (trial or introductory subscription) shall not remain in force by implication and shall automatically terminate at the end of the trial or introductory period.
Duration of the contract
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 up to one month, unless fairness and reasonableness prevent the contract from being terminated before the end of the agreed duration.
Article 13 - Payment
Unless another date has been agreed, the amounts payable by the consumer shall be paid no later than seven working days after the beginning of the reflection period referred to in Article 6(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.
The consumer is obliged to report inaccuracies in the information provided or the specified payment to the trader without delay.
If the consumer does not pay, the trader is entitled, subject to legal limitations, to charge the consumer for all reasonable costs of which the consumer has been informed in advance.
Article 14 - Complaints
Complaints about the performance of the contract must be fully and clearly described and submitted to the trader within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader must respond within 14 days, acknowledge receipt of the complaint and indicate when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual consultation, a dispute arises, which is subject to the dispute resolution procedure.
A complaint does not suspend the contractor's obligations unless the contractor states otherwise in writing.
If the contractor considers the complaint to be justified, the contractor shall, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.