GENERAL TERMS AND CONDITIONS
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Index:
Article 1 Definitions
Article 2 Identity of the trader
Article 3 Applicability
Article 4 The offer
Article 5 The contract
Article 6 Right of withdrawal
Article 7 Costs in case of withdrawal
Article 8 Preclusion from right of withdrawal
Article 9 The price
Article 10 Conformity and guarantee
Article 11 Supply and implementation
Article 12 Extended duration transactions: duration, termination and prolongation
Article 13 Payment
Article 14 Complaints procedure
Article 15 Disputes
Article 16 Additional or different stipulations
Article 1 Definitions
The following definitions apply to these terms and conditions:
• Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person whose action is not within the course of a profession or business and who enters into a distance contract with the trader;
• Day: calendar day;
• Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over some time;
• Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
• Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
• Technique for distance communication: means that can be used for concluding a contract without the consumer and trader being in the same place at the same time.
Article 2 Identity of the trader
Name trader: Mistral Red Dot Division B.V.
Registered and Office address:
Jan Pieter Zondervanweg 3
2031 AB
Haarlem
The Netherlands
Chamber of Commerce number: 08150038
VAT identification number: NL81690793B01
Article 3 Applicability
• These general terms and conditions apply to every offer made by a trader and to every distance contract realized between a trader and a consumer.
• Before the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader's premises and that they will be sent free of charge to the consumer as quickly as possible, at the consumers request.
• If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that, at his request, they will be sent to the consumer free of charge, either electronically or in some other way.
• In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy. The consumer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.
Article 4 The offer
• If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
• The offer contains a complete and accurate description of the products and/or services. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses illustrations, these will represent the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
• Every offer will contain information that clarifies to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
o the price, including taxes;
o any costs of delivery;
o the way in which the contract shall be concluded and which actions this will require;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and implementation of the contract;
o the period for accepting the offer or the period for which the trader guarantees the price;
o the size of the tariff for distance communication if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
o if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
o the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
o the languages in which the contract can be concluded;
o the behavioural codes to which the trader is subject and the way in which the consumer can consult these behavioural codes electronically;
o the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.
Article 5 The contract
• The contract will be concluded, subject to what is stipulated in paragraph 4, at the moment the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
• If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
• If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. The trader will take suitable security measures if the consumer can pay electronically.
• The trader may obtain information within statutory frameworks about the consumer's ability to fulfil his payment obligations and facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
• Together with the product or service, the trader will send to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
1. the office address of the traders business location where the consumer can lodge complaints;
2. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
3. information on guarantees and existing after-sales service;
4. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these before concluding the contract;
5. the requirements for terminating the contract if the contract duration exceeds one year or is indefinite.
6. In an extended-duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 Right of withdrawal
Upon delivery of products
• When purchasing products, a consumer can dissolve the contract, without giving reasons, for 30 days. This period commences the day after the product was received by the consumer or a representative previously designated by the consumer and announced to the trader.
Upon delivery of services
• When services are supplied, a consumer can dissolve the contract, without giving reasons, for at least 30 days, starting on the day the contract was concluded.
• To use his right of withdrawal, the consumer will act according to the reasonable and clear instructions that the trader provided when the offer was made and/or at the latest upon delivery.
Article 7 Costs in a case of withdrawal
• If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods depending on the country and product the customer would like to send back.
• If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
Article 8 Preclusion from right of withdrawal
• The right of withdrawal within 30 days expires when the product has reached or touched the water.
• The trader can preclude the consumer from having a right of withdrawal, as provided in paragraph 6 of this article. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time before the conclusion of the contract.
Preclusion from 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 personal;
• that cannot be returned due to their nature;
• that rapidly decay or become obsolete;
• the price of which is subject to fluctuations in the financial market over which the trader has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software whereby the consumer has broken the seal.
• Preclusion from the right of withdrawal is only possible for services:
1. relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a given date or during a given period;
2. the supply of which commenced, with the explicit consent of the consumer, before the withdrawal period had lapsed;
3. relating to bets and lotteries.
• During this period, the consumer will carefully treat the product and its packaging. He will only unpack or use the product as far as necessary to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and in as far as this is reasonably possible in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
Article 9 The price
• During the period of validity indicated in the offer, the prices of the products and/or services will not be increased, except for price changes in VAT tariffs.
• Contrary to the previous paragraph, the trader may offer products or services at variable prices in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended.
• Price increases within three months after the contract was concluded are only permitted if they result from statutory regulations or stipulations.
• Price increases more than three months after the contract was concluded are only permitted if the trader stipulated as much and:
They result from statutory regulations or stipulations, or the consumer is authorized to terminate the contract on the day the price increase takes effect.
• Prices stated in offers of products or services include VAT.
Article 10 Conformity and Guarantee
• The trader guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed, the trader also guarantees that the product is suited for other than normal designation.
• A guarantee arrangement offered by the trader, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against the trader.
Article 11 Supply and implementation
• The trader will take the greatest possible care when receiving and implementing orders for products and assessing applications for service provision.
• The place of delivery is deemed to be the address that the consumer makes known to the company.
• Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with the efficient expedition. However, at the latest, within 30 days unless a longer delivery period has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
• In the case of dissolution, in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
• Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.
• The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previously designated by the consumer and announced to the trader unless this has explicitly been agreed otherwise.
Article 12 Extended duration transactions: duration, termination and prolongation
Termination
• The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
• The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
• With respect to contracts as described in the first two paragraphs, the consumer can:
• terminate them at all times and not be limited to termination at a specific time or during a specific period;
• terminate them in the same way as that in which they were concluded;
• always terminate them subject to the same notice period as stipulated for the trader.
Prolongation
• A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
• A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
• A fixed-term contract for the regular supply, by introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged. It will automatically terminate at the end of the trial or introductory period.
Duration
• If the fixed term of a contract exceeds one year, then after one year, the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.
Article 13 Payment
• As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after starting the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to provide a service, these 30 days start when the consumer receives the trader's confirmation of the contract.
• When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
• The consumer must report any inaccuracies in payment data provided or stated to the trader immediately.
• In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
Article 14 Complaints procedure
• The trader provides for a complaints procedure that has been given sufficient publicity and will deal with a complaint in accordance with this complaints procedure.
• Complaints about exercising the contract must be submitted to the trader immediately, in their entirety and clearly defined after the consumer has discovered the defects.
• A reply to complaints submitted to the trader will be provided within 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
• If the complaint cannot be solved in joint consultation, it becomes a dispute subject to the dispute settlement scheme.
Article 15 Disputes
• Contracts between a trader and a consumer subject to these general terms and conditions are subject only to Dutch law.
• The dispute should be submitted to the Disputes Committee, in writing, at the latest by three months after the dispute arose.
• If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. If it is at the trader's wishes, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract or prefers the dispute to be dealt with by the competent law court. If the consumer does not indicate his choice to the trader within five weeks, then the trader has a right to put the dispute before the competent law court.
• Rulings of the Disputes Committee are subject to the conditions stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice.
• The Disputes Committee will not deal with a dispute or terminate their intervention if the trader has been granted a suspension of payments, gone bankrupt or has terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.
• If another disputes committee recognized or affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) is competent, the latter will have exclusive jurisdiction for disputes relating mainly to the method of distance sales or services. For all other disputes, this applies to the other dispute committees recognized by the SGC or affiliated with the Kifid.
Article 16 Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions may not be detrimental to the consumer. They should be recorded in writing or in such a way that consumers can store them in a readily accessible manner on a durable medium.
RIGHTS CAN ONLY BE DERIVED BASED ON THE DUTCH VERSION OF THESE GENERAL TERMS AND CONDITIONS.