General terms and conditions PrayHaven
Table of Contents:
Article 1 - Definitions In these terms and conditions, the following definitions are used: reflection period: the period within which the consumer can make use of his right of withdrawal; consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur; day: calendar day; term transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period; entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance; distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of goods and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication; means of distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to come together in the same room at the same time General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur Information about the company
MK E-com
Marco Polostraat 15, 5665GH GELDROP,
E-mail addresses: info@PrayHaven.com & zakelijk@PrayHaven.com
Chamber of Commerce number: 87048892
BTW-indentificatienummer: NL864188237B01
Article 3 - Applicability These general conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and 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, before the distance contract is concluded, it shall be indicated that the general conditions can be consulted at the trader's premises and that, upon request, they will be sent to the consumer free of charge as soon as possible. If, notwithstanding the previous paragraph, the distance contract is concluded electronically, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge. 4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of conflicting general terms and conditions the consumer may always rely on the provision most favorable to him. If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the other provisions of the agreement and these general terms and conditions shall remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the scope and purpose of the original provision. Situations not provided for in these General Terms and Conditions are to be assessed "in the spirit" of these General Terms and Conditions. Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the depicted colors exactly match the actual colors of the products.
Each offer contains information that shows the consumer the rights and obligations attached to the acceptance of the offer. This includes in particular:
the price, excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service applies the special regulation for postal and courier services on import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects VAT (along with any customs clearance fees) from the recipient of the goods;
any shipping costs;
how the contract is established and the steps involved in doing so
whether or not the right of withdrawal is applicable
the method of payment, delivery and performance of the contract
the period for accepting the offer or the period within which the trader guarantees the price
the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer can check and, if necessary, correct the information provided by him under the contract before the contract is concluded
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a longer transaction.
Optional: available sizes, color
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
The entrepreneur provides the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium, the following information
The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can exercise his right of withdrawal or, as the case may be, clear information on the exemption from the right of withdrawal
the information on guarantees and existing after-sales services;
the information referred to in Article 4(3) of these conditions, unless the trader has already provided the consumer with this information before the performance of the contract
the conditions for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing contract, the provision of the previous paragraph applies only to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur has received the product.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and - to the extent reasonable - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he must notify the merchant within 14 days of receiving the product. The consumer must do this in the form of a written notification/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove the timely return of the delivered goods, for example by proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the trader, the sale is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the product are for his account.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. The condition is that the goods have already been returned to the trader or that sufficient evidence can be provided that the goods have been returned in full.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products
that have been created by the trader in accordance with the consumer's specifications
that are clearly of a personal nature
By their nature can not be returned; or
Which spoil or age quickly
whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control;
for individual newspapers and magazines
For audio and video recordings and computer software of which the consumer has broken the seal.
for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
whose delivery has begun with the consumer's express consent before the end of the withdrawal period;
Concerning betting and lotteries.
Article 9 - The price
During the validity period stated in 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.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they result from statutory regulations or provisions; or
the consumer has the option of terminating the contract on the day on which the price increase takes effect.
According to Section 5(1) of the 1968 Value Added Tax Act, the place of delivery is the country where the transport begins. In the present case, this delivery takes place outside the EU. Then the postal or courier service collects import VAT or handling charges from the customer. Consequently, the merchant does not charge VAT. All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at an incorrect price.
Article 10 - Compliance and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal purposes.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
Defective or wrongly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. Return of the products should be in the original packaging and in new condition.
The warranty period of the entrepreneur is equal to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is entirely or partially the result of regulations which the State has adopted or will adopt with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by 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 previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Term Business: Duration, termination and renewal
Duration
The consumer may terminate an agreement concluded for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements referred to in the preceding paragraphs
terminate at any time and not be limited to termination at a specific time or during a specific period;
terminate at least in the same manner in which he entered into them
always terminate with the same notice period as the trader has set for himself.
Renewal
A fixed-term contract for the regular delivery of goods (including electricity) or the provision of services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
A fixed-term contract concerning the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time with not more than one month's notice, and with not more than three months' notice if the contract concerns the regular but less than monthly supply of daily and weekly newspapers and magazines.
A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
For contracts with a duration of more than one year, the consumer may terminate the contract at any time after the end of one year, subject to a notice period of up to one month, unless reasonableness and fairness oppose termination before the expiration of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Article 14 - Complaint procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days after receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises and the dispute resolution procedure applies.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found by the entrepreneur to be justified, the entrepreneur will replace or repair the delivered products at his discretion free of charge.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer lives abroad.
