General Terms & Conditions

GENERAL TERMS AND CONDITIONS

Article 1 - Definitions In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuing performance contract: a distance contract related to a series of products and/or services, for which the obligation of delivery and/or acceptance is spread over time;
  • Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the consumer's ability to renounce the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person offering products and/or services to consumers remotely;
  • Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively through one or more techniques for communication at a distance;
  • Technique for communication at a distance: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same space.

General Terms and Conditions: The present General Terms and Conditions of the Entrepreneur.

Article 2 - Identity Centri Shop

CentriShop@gmail.com

Article 3 - Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and agreement concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions will remain in effect for the rest, and the relevant provision will be replaced in mutual consultation as soon as possible by a provision that approximates the purpose of the original as much as possible.

Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Obscurities about the interpretation or content of one or more provisions of our general terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer If an offer has a limited validity or is made under conditions, this will be explicitly 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot lead to compensation or termination of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and what actions are necessary for this;
  • whether the right of withdrawal applies or not;
  • the method of payment, delivery, and performance of the agreement;
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • The rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the used communication technique;
  • whether the agreement will be archived after closing, and if so, how it can be consulted by the consumer;
  • The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
  • All other languages in which the agreement 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 prolonged transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The Agreement The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within the framework of the law, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to 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 manner on a durable data carrier:

  1. The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  2. The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. Information about warranties and existing after-sales service;
  4. The information referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal When delivering products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

During the cooling-off 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 makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When delivering services:

When delivering services, the consumer has the option to dissolve the agreement without giving any reason during at least 14 days, starting on the day of entering into the agreement.

To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest on delivery.

Article 7 - Costs in Case of Withdrawal If the consumer makes use of his right of withdrawal, he shall bear at most the costs of returning the goods.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of the Right of Withdrawal The entrepreneur can exclude the consumer's right of withdrawal for products as 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 agreement.

Exclusion of the right of withdrawal is only possible for products:

  • which have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly of a personal nature;
  • that cannot be returned due to their nature;
  • that quickly spoil or age;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • regarding accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
  • the delivery of newspapers and magazines.

Article 9 - The Price During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.

In deviation from 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, at variable prices. The offer will state the link with fluctuations and the fact that any mentioned prices are target prices.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legislation or regulations.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they are the result of legislation or regulations; or
  • the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 10 - Compliance and Warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The return of the products must be in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the factory 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 warranty does not apply if:

  • the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
  • the inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

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 terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative unless expressly agreed otherwise.

Article 12 - Continuing Performance Transactions: Duration, Termination, and Extension Termination

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.

The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of at most one month.

The consumer can, in the agreements referred to in the previous paragraphs:

  • cancel them at any time and not be limited to termination at a specific time or in a specific period;
  • at least cancel them in the same way as they were concluded by him;
  • always cancel them with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.

In deviation from the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specified duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel it at any time with a notice period of no more than one month. The notice period is at most three months if the the duration of the agreement is up to one year.

An agreement that has been concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may only be tacitly renewed for an indefinite period if the consumer can cancel it at any time with a notice period of no more than three months. If the agreement extends to the regular, but less than once a month, delivery of daily news and weekly newspapers and magazines, the notice period is at least three months.

An agreement with limited duration to the regular delivery of trial and introductory subscriptions is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness resist termination before the end of the agreed duration.

Article 13 - Payment Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day that the consumer receives the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a 14-day period to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, =; 10% over the subsequent €2,500, = and 5% over the next €5,000, = with a minimum of €40, =. The entrepreneur can deviate from the amounts and percentages mentioned for the benefit of the consumer.

Article 14 - Complaints Procedure The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be fully and clearly described within 7 days, submitted to the entrepreneur, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 15 - Disputes Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Geschillencommissie Webshop, P.O. Box 90600, 2509 LP te The Hague (www.sgc.nl).

A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.

The dispute must be submitted in writing to the Geschillencommissie by the consumer no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.

When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants this, the consumer will have to express his choice in this regard to the entrepreneur within 5 weeks after the entrepreneur has stated in writing to the consumer that he wishes to appeal to the judgment of the Disputes Committee.

When the business opts for arbitration, the consumer must indicate in writing within 5 weeks after a written request made by the entrepreneur whether he also wishes to do so or whether he wishes the dispute to be dealt with by the competent court. If the consumer does not opt for the latter within the period of 5 weeks, the entrepreneur has the right to submit the dispute to the competent court.

Article 16 - Additional or Different Provisions Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.