Geschäftsbedingungen

Article 1  - Definitions                                                 

Article 2  - The Entrepreneur’s identity                        

Article 3  - Applicability                                                           

Article 4  - The offer                                                   

Article 5  - The agreement                                                    

Article 6  - Right of withdrawal                                               

Article 7  - Consumer’s obligations during the reflection period                                  

Article 8  - Exercising the Consumer’s right of withdrawal and the costs        

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal         

Article 11 - The price                                      

Article 12 - Compliance and extra guaranty                           

Article 13 - Delivery and execution                             

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                                  

Article 16 - Complaints procedure                              

Article 17 - Disputes                                                   

Article 18 - Sector guarantee                         

Article 19 - Additional or varying provisions   

Article 20 - Amendment to the General Terms and Conditions of Webshop Keurmerk

 

In these Terms and Conditions, the following terms shall have the following meanings:

1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement   and these goods, digital content and/or services are delivered by the     Entrepreneur or a third party on the basis of an arrangement between this    third party and the Entrepreneur;
2. Reflection period: the period during which the Consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her          personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information            
8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content and or services to Consumers at a distance;
10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling          products, digital content and/or services, whereby exclusive or additional        use is made of one or more technologies of distance communication up to the     conclusion of the contract;
11. Standard form for withdrawal: the European standard form for     withdrawal included in Appendix 1;
12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.    

 

Name of Entrepreneur; Flybusters BV, Flybuster.nl

Business address; De Grift 7, 7711 EP Nieuwleusen (The Netherlands)

Telephone number; +31 (0) 529 - 455320

Email address; [email protected]

Chamber of Commerce number; 09185113

VAT identification number; NL819724701B01

 

1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the       Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as           possible. If this is reasonably impossible, the Entrepreneur shall indicate in   what way the General Terms and conditions can be inspected and that they           will be sent free of charge if so requested, before the distant contract is         concluded.  
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the     distance contract is concluded, may also be supplied to the Consumer            electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where      the General Terms and Conditions can be viewed electronically and that they   will be sent to at the       Consumer´s request free of charge, either via            electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the            Consumer may always appeal to the applicable provision that is most        favourable to him/her.

 

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable         the Consumer to assess the products, or services and/or digital content            adequately. If the Entrepreneur makes use of pictures, they are truthful        images of the products and/or services provided. Obvious errors or mistakes   in the offer do not bind the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

 

1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic          means. As long as the receipt of said acceptance has not been confirmed, the            Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic          data transfer and ensure a safe web environment. If the Consumer can pay   electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors        relevant to responsibly concluding the distance contract. If, acting on the          results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request       supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing         or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:       
            a. the visiting address of the Entrepreneur´s business establishment where     the Consumer may get into contact with any complaints;      
            b. the conditions on which and the manner in which the Consumer may         exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
            c. the information corresponding to existing after-sales services and    guarantees;
            d. The price including all taxes of the product, service or digital content,          where applicable the delivery costs and the way of payment, delivery or          implementation of the distance contract;
6. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
7. the standard form for withdrawal if the Consumer has the right of withdrawal.
8. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur   may     ask the Consumer about the reason for the withdrawal but cannot force      him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance            and who is not the carrier, or
   1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the                 last product. The Entrepreneur may refuse an order of several products                   with different delivery dates provided that he clearly informs the                              Consumer prior to the order process.
   2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him             received the last batch or the last part.
   3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed        by him received the first product.

 

3. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier          without giving reasons during at least 14 days. The Entrepreneur may ask     the Consumer about the reason for the withdrawal but cannot force him to         state his reason(s).
4. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.

5. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard     form for withdrawal, the reflection period expires twelve months after the          end of the original reflection period in accordance with the reflection period           determined in the previous sub-clauses of this Article.
6. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the     original period of reflection, the period of reflection expires 14 day after the     day on which the Consumer received the information.

 

1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent     necessary for establishing the nature, the characteristics and the effect of the           The guiding principle is that the Consumer may only handle and          inspect the product in the manner in which one is allowed to handle a product         in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than          allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of        withdrawal before concluding the Agreement.

 

1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the          period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1.     This need not be done if the entrepreneur offered to collect the product          The Consumer observed the period of returning the product in any     event if the product is returned before the expiration of the period of          reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with   reasonable and clear instructions given by the Entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if    the Entrepreneur pointed out that he will bear the costs himself, the       Consumer need not pay the cost of returning the product.
6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not    been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an     amount that is equal to the part of the obligation already         performed at   the       time of withdrawal as compared with the full compliance of the         
7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if
   1. the Entrepreneur has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of                     costs in case of withdrawal or the standard form for withdrawal, or
   2. if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating            be started during the period of reflection.
   3. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
   4. prior to the delivery, he has not explicitly consented to start                        performance of the agreement before the end of the period of reflection;
   5. he did not acknowledge to lose his right of withdrawal when giving             consent; or
   6. the Entrepreneur failed to confirm the Consumer’s statement.
8. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

 

1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned      product, as soon as possible but within 14 days following the day on which     the Consumer notified him of the withdrawal. Unless the Entrepreneur offers     to collect the product himself, he can wait with paying back until having        received the product or until the Consumer proved that he returned the            product, whichever occurs first.
3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The          reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.  

   

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may          occur within the period of withdrawal;
2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital          content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the      products, the digital content and/or the services.
3. Services agreements, after full performance of the service, but only if
4. the performance started with the Consumer’s explicit prior consent; and
5. the Consumer stated that he will lose his right of withdrawal as soon as                        the Entrepreneur has fully performed the agreement.
6. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential          purposes, goods transports, car rental services and catering;
7. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
8. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a          Consumer’s individual choice or decision or which are intended for a specific   person;
9. Perishable products or products with a limited durability.
10. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
11. Products which for their nature are irreversibly mixed with other products;
12. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days,      and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
13. Sealed audio and video recordings and computer programs of which the seals         were broken after delivery;
14. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
15. The delivery of digital content other than on a physical carrier, but only if:          the performance was started with the Consumer’s explicit prior                        consent;
16. the Consumer stated that he will lose his right of withdrawal by doing               so.

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to         changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state   the possibility of being subject to fluctuations and the fact that any indicated     prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
5. they are the result of legal regulations or stipulations, or
6. the Consumer has the authority to cancel the contract before the day on                      which the price increase starts.
7. All prices indicated in the provision of products or services are including VAT.

1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable          requirements of usability and/or reliability and with the existing statutory         provisions and/or government regulations on the day the contract was          concluded. If agreed, the Entrepreneur also guarantees that the product is     suitable for other than normal use.
2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise    against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s          obligations if the Entrepreneur has failed in the fulfilment of his part of the          agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or      claims to the Consumer that go further than he is legally          required in case he      fails in the compliance with his part of the agreement.

 

1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the          provision of services.
2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with          convenient speed but at least within 30 days, unless another delivery period    was agreed on. If the delivery has been delayed, or if an order cannot be      filled or   can be filled only partially, the Consumer shall be informed about this           within one month after ordering. In such cases, the Consumer is entitled to     repudiate the contract free of charge and with the right to possible    compensation.
4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but          at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in    advance and made known to the Consumer, unless explicitly agreed             otherwise.  

 

Termination
1.      The Consumer may at all times terminate a contract that was concluded for   an indefinite time and which extends to the regular delivery of products          (including electricity) or services, with due observance of the termination         rules and subject to not more than one month’s notice.
2.      The Consumer may at all times terminate a contract that was concluded for a            specific time and which extends to the regular delivery of products (including     electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
3.      The Consumer can cancel the agreements mentioned in the preceding            paragraphs:
         -        at any time and not be limited to termination at a particular time or in a                        given period;  
         -        at least in the same way as they were concluded by him;          
         -        at all times with the same notice as the Entrepreneur stipulated for                    himself.
Extension
4.      An agreement concluded for a definite period which extends to the regular      delivery of products (including electricity) or services may not be          automatically extended or renewed for a fixed period.  
5.      Notwithstanding the preceding paragraph, a contract for a definite period      which extends to the regular delivery of dailies, newspapers, weekly          newspapers and magazines, may tacitly be renewed for specific period of       three months at the most if the Consumer can terminate this extended          agreement towards the end of the extension with a notice of one month at the            most.  
6.      An agreement concluded for a definite period and which extends to the           regular delivery of products or services may only be extended tacitly for an     indefinite period if the Consumer can cancel it at any time with a notice of one             month. The notice is three months at the most in vase the contract is about         a delivery of dailies, newspapers and weeklies and magazines occurring       regularly but less than once a month.
7.      An agreement with limited duration of regular delivery of trial dailies,    newspapers, weeklies and magazines (trial or introductory subscription) is not          renewed tacitly and ends automatically after the trial or introductory period.
Duration

8. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination     before the end of the agreed term.

 

 

1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days       after concluding the agreement. In case of an agreement to provide a service,        this period starts on the day that the Consumer received the confirmation of     the agreement.
2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right    regarding the execution of the order in question or the service(s) in       question before making the agreed advance payment.
3. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late      and allowed the Consumer a period of 14 days to comply with the payment      obligations, the Consumer is to pay the statutory interest on the amount       payable and the Entrepreneur is entitled to charge the Consumer with any        extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following        € 2,500 and 5% for the following € 5000, with a minimum of € 40. The             Entrepreneur may deviate from the aforementioned amounts and percentages         in favour of the Consumer.

 

 

1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint          procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the      Consumer discovered the defects
3. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. A complaint about the Entrepreneur’s product, service or after-sales service can also be submitted to Stichting Webshop Keurmerk with a complaints form given in the Consumer Page of the website www.Stichting Webshop    Keurmerk. org. The complaint will then be      sent to the Entrepreneur in          question and to Stichting Webshop Keurmerk.
5. If the complaint cannot be solved in joint consultation within a reasonable

         time or within 3 months after submitting the complaint, there will be a dispute             that is open to the dispute settlement rules.

 

 

1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. With due observance of the provisions set out below, the disputes between the Consumer and the Entrepreneur about the formation or the performance    of contracts related to products or services that the Entrepreneur must deliver          or has already delivered can be submitted by both the Consumer and the       Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,    The Hague (Den Haag) (www.sgc.nl).
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to the Entrepreneur within a reasonable period.
4. The dispute must have been submitted in writing to the Geschillencommissie Webshop within three months after arising of the dispute.
5. If the Consumer wishes to submit a dispute to the Geschillencommissie, the Entrepreneur is bound by this choice. When the Entrepreneur wishes to file     the dispute to the Geschillencommissie, the Consumer must speak out in         writing within five weeks after a written request made by the Entrepreneur   whether he so desires or wants the dispute to be dealt with by the competent           court. If the Entrepreneur has not heard of the Consumer’s option within the period of five weeks, the Entrepreneur is entitled to submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission          (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).

         A decision made by the Geschillencommissie is a binding advice.

7. The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business activities before the Commission has handled a dispute at the hearing and delivered a final award.
8. If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies          voor Consumentenzaken (SGC) [Foundation for Consumer Complaints           Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)          [Financial Services Complaints Board] is competent, the disputes that are        mainly related to sales methods or distance services, the          Geschillencommissie Webshop Keurmerk is preferably competent, and for all   other disputes, the disputes committee recognised by and affiliated with the     SGC or Kifid is competent.

 

1. Webshop Keurmerk guarantees that its members follow the binding advice of the Disputes Committee Webshop unless the member decides to send the binding opinion for review to the Court within two months. This           guarantee        revives if after review by the Court the binding opinion has been          confirmed and the judgement has become final. Webshop Keurmerk will pay this amount to the Consumer up to €10,000 per binding opinion. € 10,000        will be paid if the amount exceeds €10,000 per binding advice. As to the           remaining amount, Webshop Keurmerk has an obligation to try to ensure     that members comply with the binding advice.
2. For the application of this guarantee, it is required that the Consumer submit a written appeal to Webshop Keurmerk and that he assign the claim against the Entrepreneur to the Stichting Webshop Keurmerk. If the claim against         the Entrepreneur exceeds €10,000, the Consumer will be offered to assign the    claim on for the excess amount to Stichting Webshop Keurmerk, after which            this organisation, in its own name and at its own expense, shall try to get           payment and fulfilment of these rights to compensate the Consumer.

 

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

 

1. These General Terms and Conditions will not be changed other than in consultation with the Consumentenbond (Consumers’ Association).
2. Amendments to these Terms and Conditions are valid only after being published in the appropriate way, provided that in case of appropriate          amendments, the provision that is most favourable for the Consumer shall     prevail during the validity of an offer.

 

 

(Complete this form and return it only when you want to revoke the agreement)

 

• To: [Entrepreneur’s name]

                   [Entrepreneur’s geographic address]

                   [Entrepreneur’s fax number, if available]

                   [Entrepreneur’s email address or electronic address]

 

 

• I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the          product]*

         the delivery of the following digital content [specification of the    digital content]*

         the performance of the following service [specification of the        service]*

 

 

• Ordered on*/received on* [date of ordering the services or receiving products]*
• [Consumer’s name]
• [Consumer’s address]
• [Consumer’s signature] (only when this form is submitted on paper)

 

 

*) Delete and/or complete where appropriate.