Article 1 – Definitions
For the following conditions:
- Reflection period: The period within which the consumer may avail himself of his right of withdrawal;
- ' Consumer ' means the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
- Date: Calendar day;
- Right of withdrawal: the possibility of the consumer to waive the distance contract within the reflection period;
- Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or remote services to consumers;
Article 2 – Identity of the trader
Balcony. Bar B.V.
Return address shipments:
Attn as B.V.
E-mail address: Info@balkon.bar
Commercial Register: 64791769
VAT Identification Number: NL855847256B01
Article 3 – Applicability
- These general terms and conditions apply to any offer made by the trader and to any distance contract concluded between the trader and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the Trader shall indicate the manner in which the general terms and conditions are to be seen with the trader and that at the request of the consumer, at the earliest opportunity, free of charge Be forwarded.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means In such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general conditions can be communicated by electronic means and that at the request of the consumer by electronic means or otherwise be sent free of charge.
- In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of contradictory conditions, always invoke Appropriate provision which is most favourable to him.
Article 4 – The Offer
- If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
- Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
Article 5 – The Agreement
- The Agreement shall, subject to the provisions of paragraph 4, be established at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down.
- If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means.
- If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer is able to pay electronically, the trader will take appropriate security measures in this respect.
- The trader may, within the framework of legal frameworks, inform the consumer whether they can fulfil his payment obligations, as well as all the facts and factors relevant to a responsible contract of distance. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
Article 6 – Right of withdrawal
- The consumer may rescind an agreement relating to the purchase of a product during a reflection period of 14 days without giving reasons. The trader may ask the consumer for the reason of revocation, but do not oblige them to submit his reason (s).
- The reflection period referred to in paragraph 1 shall enter into the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
- If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The trader may, provided that he has clearly informed the consumer before the ordering process, refuse an order of several products with a different delivery time.
- If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last consignment or part.
Article 7 – Consumer obligations during the reflection period
- During the reflection period, the consumer will deal carefully with the product and the packaging. It will only extract the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic premise here is that the consumer can only use and inspect the product as it should be in a shop.
- The consumer shall only be liable for impairment of the product resulting from a way of dealing with the product which goes beyond the permitted in paragraph 1.
Article 8 – Exercise of the right of withdrawal by the consumer and their costs
- If the consumer uses his right of withdrawal, he shall report it to the entrepreneur within the period of reflection.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product. The consumer has, in any case, taken into account the return period if he sends the product before the reflection period expires.
- The consumer shall return the product with all accessories supplied, in original condition and packaging, and in accordance with reasonable and clear instructions provided by the trader.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct cost of returning the product. If the trader has not reported that the consumer must bear these costs or if the trader indicates the costs themselves, the consumer does not have to bear the costs of returning the goods.
- If the consumer uses his right of withdrawal, all additional agreements shall be dissolved legally.
Article 9 – Obligations of the trader in the case of revocation
- If the trader makes the notification of revocation by the consumer electronically possible, he shall immediately send a confirmation of receipt upon receipt of this notification.
- The trader shall compensate all payments made by the consumer, including any delivery costs incurred by the trader for the returned product, without delay, but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to pick up the product himself, he may wait to repay until he has received the product or shows to the consumer that he has returned the product, whichever is the time before.
- The trader uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.
Article 10 – Compliance Agreement and additional guarantee
- The trader shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the existing ones on the date of the conclusion of the agreement legal provisions and/or government regulations. If agreed, the trader will also ensure that the product is suitable for other than normal use. The delivered products contain wooden parts. Wood is a natural product and there are always abnormalities in it and cracks can be created.
- Any additional warranty provided by the trader, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert on the basis of the agreement to the trader if the trader is Misconduct in the performance of its part of the agreement.
Article 11 – Delivery and execution
- The entrepreneur will observe the utmost care when receiving and executing orders of products
- The place of delivery shall be the address that the consumer has made known to the trader.
- In accordance with the provisions of article 4 of these general terms and conditions, the trader will carry out accepted orders with competent urgency but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially executed, the consumer will receive a notice at the latest 30 days after the order has been placed. In that case, the consumer has the right to dissolve the contract at no cost and to be entitled to compensation.
- After dissolution in accordance with the previous paragraph, the trader will repay the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative and to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Complaints system
- The trader has a sufficiently well-known complaint procedure and treats the complaint in accordance with this complaint procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined time after the consumer has found the defects.
- Complaints submitted to the trader are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a message of receipt and an indication when the consumer can expect a more detailed response.
- If the complaint cannot be resolved within a reasonable period or within 3 months of the submission of the complaint, a dispute is susceptible to the dispute settlement.
Article 13 – Disputes
- Agreements between the entrepreneur and the consumer covered by these general conditions shall be governed exclusively by Dutch law.
Article 14 – Additional or different provisions
- Other provisions derogating from these general terms and conditions may not be detrimental to the consumer and must be documented in writing or in such a way as to enable them to be accessible by the consumer Stored on a durable data carrier.