Contents:
Artikel 1 – Definities
Artikel 2 – Identiteit van de ondernemer
Artikel 3 – Toepasselijkheid
Artikel 4 – Het aanbod
Artikel 5 – De overeenkomst
Artikel 6 – Herroepingsrecht
Artikel 7 – Kosten in geval van herroeping
Artikel 8 – Uitsluiting herroepingsrecht
Artikel 9 – De prijs
Artikel 10 – Conformiteit en garantie
Artikel 11 – Levering en uitvoering
Artikel 12 – Duurtransacties: duur, opzegging en verlenging
Artikel 13 – Betaling
Artikel 14 – Klachtenregeling
Artikel 15 – Geschillen
Artikel 16 – Aanvullende of afwijkende bepalingen
ARTIKEL 1 – DEFINITIES
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
Durable medium: any instrument that enables the consumer or trader to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when they want to make use of their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby, in the context of a system organised by the entrepreneur for the sale of products and/or services at a distance, up to and including the conclusion of the agreement exclusive use is made of one or more techniques for communication at a distance;
Technique for remote communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur having met simultaneously in the same room.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTIKEL 2 – IDENTITEIT VAN DE ONDERNEMER
Murphy’s Sittard bv
Limbrichterstraat 27 6131 ea Sittard;
Phone number: 046-4009222 available from 9:00 to 20:00
Email address: info@murphy-s.nl
Chamber of Commerce number: 14060543
VAT identification number: NL818061534B01
ARTIKEL 3 – TOEPASSELIJKHEID
These general terms and conditions apply to every offer from the trader and to every distance contract concluded and orders between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 can be viewed at the trader's premises and they will be sent free of charge as soon as possible at the consumer's request.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request electronically or in another way.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, then the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced immediately in mutual consultation by a provision that approximates the scope of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Unclarities about the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.
ARTIKEL 4 – HET AANBOD
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Every 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 costs of shipment;
the manner in which the agreement will be formed and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the rate for communication at a distance if the costs of using the technology for communication at a distance are calculated on a basis other than the regular base rate for the communication medium used;
whether the agreement is archived after its conclusion, and if so, in what way 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 repair it if desired;
the possible other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in case of a continuous transaction.
ARTIKEL 5 – DE OVEREENKOMST
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set thereby.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures to that end.
De ondernemer kan zich – binnen wettelijke kaders – op de hoogte stellen of de consument aan zijn betalingsverplichtingen kan voldoen, evenals van al die feiten en factoren die van belang zijn voor een verantwoord aangaan van de overeenkomst op afstand. Indien de ondernemer op grond van dit onderzoek goede gronden heeft om de overeenkomst niet aan te gaan, is hij gerechtigd gemotiveerd een bestelling of aanvraag te weigeren of aan de uitvoering bijzondere voorwaarden te verbinden.
The trader will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing post-purchase service;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
ARTIKEL 6 – HERROEPINGSRECHT
When supplying products:
When purchasing products, the consumer has the option to dissolve the agreement without providing reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.
Tijdens de bedenktijd zal de consument zorgvuldig omgaan met het product en de verpakking. Hij zal het product slechts in die mate uitpakken of gebruiken voor zover dat nodig is om te kunnen beoordelen of hij het product wenst te behouden. Indien hij van zijn herroepingsrecht gebruik maakt, zal hij het product met alle geleverde toebehoren en – indien redelijkerwijze mogelijk – in de originele staat en verpakking aan de ondernemer retourneren, conform de door de ondernemer verstrekte redelijke en duidelijke instructies.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the trader within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of postage.
If the customer, after the expiry of the terms mentioned in paragraphs 2 and 3, has not made it known that they wish to make use of their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When supplying services:
When supplying services, the consumer has the option to dissolve the agreement without providing reasons for at least 14 days, commencing on the day of entering into the agreement.
In order to make use of their right of withdrawal, the consumer will direct themselves to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.
ARTIKEL 7 – KOSTEN IN GEVAL VAN HERROEPING
If the consumer makes use of their right of withdrawal, at most the costs of return will be for their account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. A condition herein is that the product has already been received back by the webshop owner or conclusive proof of complete return can be provided.
ARTIKEL 8 – UITSLUITING HERROEPINGSRECHT
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. which have been manufactured by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can deteriorate or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. to be performed on a specific date or during a specific period concerning accommodation, transport, catering or leisure activities;
b. the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
c. concerning betting and lotteries.
ARTIKEL 9 – DE PRIJS
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any prices stated are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
ARTIKEL 10 – CONFORMITEIT EN GARANTIE
The trader 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader 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 contract. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within X days/weeks of delivery. The return of products must take place in the original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader 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 modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the trader and/or have been treated on the packaging;
The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
ARTIKEL 11 – LEVERING EN UITVOERING
The trader will observe the greatest possible care when receiving and executing 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.
In compliance with what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery term. If the delivery encounters a delay, or if an order cannot be executed or only partially, the consumer will receive notification of this at the latest 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer has no right to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a term does not give the consumer the right to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
ARTIKEL 12 – DUURTRANSACTIES: DUUR, OPZEGGING EN VERLENGING
Cancellation
The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, observing the agreed cancellation rules and a notice period of at most one month.
The consumer may at any time terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, towards the end of the definite period, observing the agreed cancellation rules and a notice period of at most one month.
The consumer can, for the agreements mentioned in the previous sections:
at any time, and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they were entered into by him;
always cancel with the same notice period that the entrepreneur has stipulated for themselves.
Extension
A contract that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of at most three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
A contract that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with limited duration for the regular introduction/delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness prevent cancellation before the end of the agreed duration.
ARTIKEL 13 – BETALING
Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or specified payment details to the trader without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTIKEL 14 – KLACHTENREGELING
The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted in full and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will answer within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible to the dispute settlement scheme.
Complaints that cannot be resolved in mutual consultation must be addressed by the consumer to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Should a solution still not be reached, the consumer has the possibility to have their complaint handled by Stichting GeschilOnline; the ruling is binding and both the entrepreneur and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.
ARTIKEL 15 – GESCHILLEN
Only Dutch law is applicable to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Also if the consumer resides abroad.
The Vienna Sales Convention does not apply.
ARTIKEL 16 – AANVULLENDE OF AFWIJKENDE BEPALINGEN
Supplementary or deviating provisions 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.