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ARTICLE 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Withdrawal period: the period of time within which the consumer can exercise his/her withdrawal right;

Consumer: the natural person who is not acting within the capacity of a business or profession and enters into a distance contract with the company;
Day: calendar day;

Extended duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or acquisition of which is spread over a period of time;

Permanent data carrier: all devices that enable the consumer or the company to store information that is addressed to him/it in person in a way that permits future consultation and unaltered reproduction of the stored information;

Withdrawal right: the opportunity for the consumer to decide not to go ahead with the distance contract within the withdrawal period; Company: the natural or legal person who is offering products and/or services to consumers over distance;

Distance contract: a contract involving the sole use of one or more techniques for distance communication within a system organised by the company for the distance sale of products and/or services, up to and including the moment that the contract is concluded;

Technique for distance communication: a means that can be used for concluding a contract, without the consumer and company being in the same place at the same time;

ARTICLE 2 – The identity of the company 

Hans Verhagen BV (trading name: Scentchips)
Doornepol 5
5301 LV Zaltbommel
The Netherlands

Website: www.worldofscentchips.com
Email address: service.nl@worldofscentchips.com
Chamber of Commerce number: 16025084

ARTICLE 3 - Applicability

  1. These General Terms and Conditions apply to every offer from the company and to every distance contract that is concluded between the company and consumer.
  2. The consumer will be provided with the text of these General Terms and Conditions prior to the conclusion of a contract. If this is not reasonably possible, then the company should inform the consumer, before a distance contract is concluded, that the General Terms and Conditions are available for inspection and that they will be sent to the consumer – free of charge – as soon as possible, at the consumer's request.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph, and before the distance contract is concluded, the text of these General Terms and Conditions may be sent to the consumer electronically, in such a way that he/she can easily store them on a permanent data carrier. If this is not reasonably possible, then prior to concluding the distance contract, the consumer shall be informed where the General Terms and Conditions can be accessed electronically and that, upon request of the consumer, these will be sent to him/her either electronically or in some other way free of charge.

ARTICLE 4 – The offer

  1. If an offer has a limited period of validity and/or is concluded subject to different terms and conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products being offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the company uses illustrations, these will be a true representation of the products being offered. The company is not bound by obvious mistakes or obvious errors in the offer.
  3. All offers contain such information that it is clear to the customer what rights and obligations are involved in accepting the offer. This includes, in particular:
    - the price including taxes;
    - any costs of delivery;
    - the way in which the contract will be concluded and which actions this will require;
    - whether or not the withdrawal right applies;
    - the method of payment, delivery or implementation of the contract;
    - the period for accepting the offer, or the period for adhering to the price;
    - the rate charged for distance communication, if the costs of using the distance communication technique are calculated on a different basis than the usual basic rate for distance communication;
    - whether the contract is filed subsequent to its conclusion, and if so, the way in which the consumer can access this contract;
    - the way in which, before the contract is concluded, the consumer can check the data that he provides within the scope of the contract and, if required, how he can rectify that data;
    - any other languages, apart from Dutch, in which the contract can be concluded;
    - the code of conduct to which the company is subject and how the consumer can consult these codes of conduct electronically.

ARTICLE 5 – The contract

  1. The contract is concluded, subject to the provisions of article 4, at the moment at which the consumer accepts the offer and when the applicable conditions have been fulfilled.
  2. If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. The consumer can dissolve the contract as long as the receipt of acceptance has not been confirmed.
  3. If the contract is concluded electronically, the company will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the company will observe appropriate security measures.
  4. The company may obtain information, in accordance with statutory frameworks, about the consumer's ability to fulfil his/her payment obligations and also about facts and factors that are important for a responsible conclusion of the distance contract. If that research provides the company with has good grounds for declining to conclude the contract, then stating the reason why, the company is entitled to refuse an order or request, or to bind its implementation to special conditions.
  5. The company will send to the consumer, together with the product or service, the following information, in writing or in such a way that the consumer can store it on an accessible permanent data carrier:
    a. the address of the company's business where the consumer can lodge a complaint;
    b. the conditions under which the consumer can exercise his/her right of withdrawal and how to do so , or a clear statement concerning the exclusion of the withdrawal right;
    c. information on guarantees and existing after-sales service;
    d. the data referred to in article 4 paragraph 3 of these conditions, unless the company has already provided the consumer with these prior to concluding the contract.

ARTICLE 6 – Withdrawal right

  1. When purchasing products, a consumer is able to dissolve the contract, without giving reasons for this, for a period of at least seven working days. This withdrawal period commences on the day after the product was received by the consumer, or by a representative appointed beforehand by the consumer, of whom the company has been informed.
  2. During the withdrawal period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent that this is necessary in order to determine whether he wishes to retain the product. If he exercises his withdrawal right, then he will return the product to the company with all associated components and – if this is reasonably possible– in the original state and packaging, in accordance with the reasonable and clear instructions provided by the company.

ARTICLE 7 – Costs in a case of withdrawal

  1. If a consumer exercises his withdrawal right, he/she will be charged, at the most, the costs of returning the goods.
  2. If the consumer has paid a sum, the company will refund this sum as quickly as possible, within 30 days after the return of goods or withdrawal at the latest.

ARTICLE 8 – Precluding the withdrawal right

  1. The company can only preclude the consumer from having a right of withdrawal if he clearly stated this fact in paragraphs 2 and 3.
  2. Exclusion of the withdrawal right is only possible for products:
    a. that have been produced by the company in accordance with the consumer's specifications;
    b. that are clearly personal in nature;
    c. that, because of their nature, cannot be returned;
    d. that can quickly decay or age;
    e. of which the price is linked to fluctuations on the financial market which the company cannot influence.

ARTICLE 9 – The price

  1. During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for as a result of price changes resulting from alterations in VAT rates.
  2. Contrary to the previous paragraph, if the prices are subject to fluctuations in the financial market over which the company has no influence, the company may offer products at variable prices. This offer must refer to these fluctuations and the fact that any prices quoted are recommended prices.
  3. Price increases within 3 months of the contract being concluded are only permitted if they are the result of statutory regulations or stipulations. 
  4. Price increases more than 3 months after the contract was concluded are only permitted if this was stipulated by the company, and:
    a. they are the result of statutory regulations or stipulations, or
    b. the consumer has the right to terminate the contract on the day on which the price increase takes effect.
  5. Prices quoted for products or services being offered include VAT.

ARTICLE 10 – Conformity and guarantee

  1. The company guarantees that the products fulfil the contract, the specifications stipulated in the offer, reasonable requirements regarding reliability and/or serviceability and statutory stipulations and/or government regulations that applied on the date on which the contract was concluded.
  2. A guarantee offered by the company, manufacturer or importer does not affect the statutory rights and claims that a consumer can enforce on the grounds of the contract towards the company.

ARTICLE 11 – Supply and implementation

  1. The company will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer gives to the company.
  3. Taking into consideration that stated in article 4 of these General Terms and Conditions, the company will implement accepted orders with all due speed, within 30 days at the latest, unless a longer period of delivery has been agreed. If delivery is delayed, or if an order cannot be fulfilled, or only partially, the consumer will be informed of this at the latest within 30 days after the order was placed. In that case, the consumer has a right to dissolve the contract free of charge.
  4. In case of dissolution as described in the previous paragraph, the company will refund the consumer with the sum paid as quickly as possible, at the latest within 30 days after the dissolution.
  5. Should it prove impossible to deliver a product that has been ordered, the company will attempt to provide a replacement product. The company will indicate, clearly and intelligibly, that a replacement product is being supplied, at the latest upon delivery. The right of withdrawal cannot be precluded in the event of replacement products. The costs of returning a product, if applicable, shall be borne by the company.
  6. The risk of damage and/or loss of products rests upon the company up to the moment of delivery to the consumer, or to a representative who was appointed beforehand and of whom the company was informed, unless explicitly agreed otherwise.

ARTICLE 12 - Payment

  1. Insofar as nothing else has been agreed, the amounts owed by the consumer have to be paid within 14 days of the withdrawal period taking effect as referred to in article 6 paragraph 1.
  2. When selling products to consumers, the General Terms and Conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot enforce any rights concerning the implementation of the relevant order or service(s) before making the stipulated advance payment.
  3. The consumer is obliged to immediately inform the company of any inaccuracies in payment data provided or communicated.
  4. In the event of non-payment by the consumer, subject to statutory restrictions, the company has the right to charge the consumer reasonable costs about which the consumer was informed in advance.

ARTICLE 13 – Complaints procedure

  1. The company provides for a complaints procedure that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
  2. A consumer who has discovered a defect should submit to the company, without delay, a comprehensive and clearly specified complaint about fulfilment of the contract.
  3. A reply regarding complaints submitted to a company will be provided within a period of 14 days, calculating from the date of receipt. If a complaint is expected to require a longer period of time for processing, then the company will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply

ARTICLE 14 - Disputes

  1. Exclusively Dutch law applies to contracts between the company and the consumer to which these General Terms and Conditions relate.
  2. Disputes between the consumer and the company concerning the conclusion or execution of contracts relating to the products and services to be delivered or provided by this company can be submitted to the competent court by either the consumer or the company, with due regard for the provisions below.
  3. A dispute will only be dealt with if the consumer has first submitted his complaint within an appropriate time to the company.

ARTICLE 15 – Additional or alternative stipulations

Any additional stipulations or stipulations that differ from these General Terms and Conditions may not be detrimental to the consumer and they must be recorded in writing, or in such a way that a consumer can easily store them accessibly on a permanent data carrier.

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