Terms of service

Table of Contents:
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 the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Supplementary or deviating provisions

Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
2. Consumer: a natural person who is not acting in the course of a trade or business and who enters into a distance contract with the trader;
3. Day: a calendar day;
4. Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or accept is spread over time;
5. Durable medium: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader, which a consumer may complete if they wish to exercise their right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being physically present in the same place at the same time.
11. Terms and Conditions: the trader’s present Terms and Conditions.

Article 2 – Identity of the trader

Onlineschucoshop.nl c/o Pelinca
Irenestraat 12
6191 AV Beek
Telephone number: 06 - 25 49 89 25, available by telephone from Monday to Friday from 08:00 to 11:30
Email address: info@onlineschucoshop.nl
Chamber of Commerce number: 89919041
VAT registration number: NL004773721B18

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. 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, it shall be stated before the distance contract is concluded that the general terms and conditions may be inspected at the trader’s premises and will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, by way of derogation from 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, either electronically or by other means, at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
5. If, at any time, one or more provisions in these general terms and conditions are wholly or partially void or are set aside, the contract and these terms and conditions shall remain in force in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the meaning of the original as closely as possible.
6. Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer
1. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. Where the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
2. All images, specifications and details in the offer are for guidance only and cannot give rise to a claim for damages or the termination of the contract.
3. Every offer shall contain sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns, in
particular:
• the price including taxes;
• any delivery costs;
• the manner in which the contract will be concluded and the steps required to do so;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the time limit for accepting the offer, or the period during which the trader guarantees the price;
• the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used;
• whether the contract will be archived after it has been concluded, and if so, how the consumer may access it;
• the manner in which the consumer, prior to concluding the contract, may check the details provided by them in the context of the contract and, if desired, correct them;
• any other languages in which, in addition to Dutch, the contract may be concluded;
• the codes of conduct to which the trader is subject and the manner in which the consumer may consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 – The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. 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. Until the trader has confirmed receipt of this acceptance, the consumer may withdraw from the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures for this purpose.
4. The trader may – within the limits of the law – ascertain whether the consumer is able to meet their payment obligations, as well as all those facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this assessment, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its performance.
5. The trader shall provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:
a. the visiting address of the trader’s premises where the consumer may lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the information set out in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
7. Every contract is entered into subject to the condition precedent of sufficient availability of the products in question.