General terms and conditions Cibiday
Table of contents
Article 1 - Definitions Article 2 - Identity of Cibiday Article 3 - Applicability Article 4 - The offer Article 5 - The agreement Article 6 - Right of withdrawal Article 7 - Costs in case of withdrawal Article 8 - Right of withdrawal exclusion Article 9 - The price Article 10 - Conformity and guarantee Article 11 - Delivery and execution Article 12 - Payment Article 13 - Complaints procedure Article 14 - Disputes Article 15 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following is meant by:
Reflection period: the length of time in which the consumer can invoke the right of withdrawal;
Consumer: the physical person who is not acting in the exercise of their profession or business and who is entering into a distance contract with the business owner;
Day: calender day;
Extended transaction: a distance contract relating to a series of products and/or services, of which the delivery- and/or purchase obligation is spread over a period of time;
Durable data carrier: any means which enables the consumer or business owner to record information personally directed to them, in a manner which enables future consulting and unaltered reproduction of the recorded information;
Right of withdrawal: the option for the consumer to revoke the distance contract within the reflection period;
Business owner Cibiday: the physical or legal entity which offers products and/or services to consumers at a distance;
Distance contract: an agreement in which in the context of a system for sales at a distance of products and/or services organised by the business owner, exclusive use is made of one or more techniques for communicating at a distance, up to and including the finalisation of the agreement;
Technique for communicating at a distance: means that can be used for the finalisation of an agreement, without the consumer and business owner having to come together at the same time in the same physical space;
Article 2 - Identity of Cibiday
Cibiday B.V. Dordtsestraatweg 434c 3075 BK Rotterdam Phone: +31 10 8430923 Email: info@cibiday.nl VAT no. NL852154896B01 CoC no. 56496990
Article 3 - Applicability
These general terms and conditions are applicable to every offer from Cibiday and to all concluded distance contracts between Cibiday and consumer.
Before the distance contract is finalised, the full text of these general terms and conditions is made available to the consumer. If this is not reasonably possible notice will be given that the general terms and conditions can be viewed at Cibiday, before the distance contract is finalised, and that at the request of the consumer they will be forwarded as soon as possible without extra costs.
If the distance contract is finalised electronically, in deviation of the previous provision and before the distance contract is finalised, the text of the general terms and conditions can be made available electronically to the consumer in such a way that these can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, before the distance contract is finalised, notice will be given where the general terms and conditions can be viewed electronically and that at the request of the consumer they will be send free of charge electronically or by other means.
In case specific product- or service terms and conditions are applicable as well, besides these general terms and conditions, the second and third paragraphs are correspondingly applicable and in case of conflicting general terms and conditions the consumer can always make use of the applicable provision which is most favourable to them.
Article 4 - The offer
If an offer has a limited period of validity or is done with provisional conditions, this will be explicitly mentioned in the offer.
The offer contains a full and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a sound judgement of the offer can be made by the consumer. If Cibiday uses images these are truthful representations of the products and/or services on offer. Cibiday is not bound by obvious mistakes or obvious faults in the offer.
Each offer contains such information that it is clear to the consumer what the rights and obligations are which are contained in the acceptance of the offer. This concerns in particular:
• the price including taxes;
• the possible delivery costs;
• the manner in which the agreement will be reached and which actions that entails;
• the right of withdrawal being applicable or not;
• the manner of payment, delivery and execution of the agreement;
• the time period for the acceptance of the offer, or either the time period in which Cibiday guarantees the price;
• if the agreement is archived after being finalised, and if so in which way this can be consulted by the consumer;
• the manner in which the consumer, prior to the finalisation of the agreement, can check the
data supplied in the context of the agreement and corrected if required;
• the possible other languages, besides Dutch, in which the agreement can be finalised;
• the codes of conduct to which Cibiday has subjected itself and the manner in which the consumer can consult these codes of conduct electronically.
Article 5 - The agreement
The agreement is finalised at the moment of acceptance of the offer by the consumer, subject to the provisions in paragraph 4, and the complying to the terms and conditions set.
If the consumer has accepted the offer electronically, Cibiday electronically confirms the receipt of the acceptance of the offer without delay. As long as the receipt of this acceptance is not confirmed by Cibiday, the consumer can dissolve the agreement.
If the agreement is reached electronically, Cibiday will apply appropiate technical and organizational measures to secure the safe electronic transfer of data and provide a safe web environment. If the consumer can pay electronically, Cibiday will observe appropiate security measures to enable them doing so.
Cibiday can - within legal parameters - check if the consumer is able to meet the payment requirements, as well as all the facts and details which could be of importance for a justified acceptance of the distance contract. If based on this inquiry Cibiday has good reason for not finalising the agreement, Cibiday has legal motivation to decline an order or request or to apply special terms and conditions to the execution. Cibiday will send, in writing or in such a way that this can be stored on a durable data carrier in an accessible manner, the following information to the consumer with the product or service:
• the visiting address of the Cibiday establishment where the consumer can go with complaints;
• the terms and conditions under which and the manner in which the consumer can make use of the right of withdrawal, or either a clear notification concerning the right of withdrawal being excluded;
• the information about guarantees and service in place after purchase;
• the information included in article 4 paragraph 3 of these terms and conditions, unless Cibiday has already provided this information to the consumer before the finalisation of the agreement.
Article 6 - Right of withdrawal
When purchasing products the consumer has the option of dissolving the agreement without stating reasons for 14 days. This reflection period starts on the day of receipt of the product by the consumer or a by the consumer designated representative whose identity has been made known to Cibiday.
During the reflection period the consumer will handle the product and the packaging with care. The consumer will only unpackage the product or use the product in such a limited way as to be able to judge whether they wish to keep the product. If the consumer invokes their right of withdrawal, they will return the product with all accessories included and - if reasonably possible - in the original state and packaging to Cibiday, conforming to the reasonable and clear instructions provided by Cibiday.
Article 7 - Costs in case of withdrawal
If the consumer invokes their right to withdrawal, the costs of return shipping as well as the original shipping costs are at their expense. (Except if the fault lies with Cibiday.)
If the consumer has paid an amount, Cibiday will repay this amount as soon as possible, but no later than within 30 days after the return shipping or withdrawal.
Article 8 - Right of withdrawal exclusion
Cibiday can exclude the right of withdrawal of the consumer as mentioned in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid when Cibiday has clearly mentioned this in the offer, or at least in a timely fashion before the finalisation of the agreement.
Exclusion of the right of withdrawal is only possible for products:
• which have been prepared by Cibiday according to specifications provided by the consumer;
• which are clearly personal in nature;
• which cannot be returned due to their nature;
• which can quickly spoil or age;
• of which the price is linked to fluctuations on the financial market on which Cibiday has no influence;
• for single copies of newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 - The price
During the validity period mentioned in the offer the prices of the products and/or services on offer will not be raised, with the exception of price changes due to changes in VAT rates. Notwithstanding the previous paragraph Cibiday can offer products or services, of which the prices are linked to fluctuations to the financial market, with variable pricing. This linkage to fluctuations, and the fact that possibly listed prices are suggested retail prices, will be listed in the offer.
The prices listed in the offers of products or services are including VAT.
Article 10 - Conformity and Guarantee
Cibiday guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, with the reasonable demands of reliability and/or usability and the legal provisions and/or governmental regulations in existence at the time of the finalisation of the agreement. If so agreed Cibiday also guarantees that the product is suitable for other than average usage.
A guarantee supplied by Cibiday, manufacturer or importer does not impact on the legal rights and claims which the consumer can assert against Cibiday based on the agreement.
Article 11 - Delivery and execution
Cibiday will observe the best possible care with the receipt and the execution of product orders and with reviewing requests for the rendering of services.
As place of delivery the address which the consumer has conveyed to Cibiday applies.
Taking into account what has been mentioned about this in article 4 of these general terms and conditions, Cibiday will execute approved orders with competent urgency, but within 30 days at the
latest, unless a longer delivery period has been agreed upon. If the order is delayed, or if an order cannot be fulfilled or can only partly be fulfilled, the consumer will receive notice of this no later than within 30 days after placing the order. In that case the consumer has the right to dissolve the agreement free of costs and is possibly entitled to compensation.
In case of dissolvement conforming to the previous paragraph Cibiday will return the amount which the consumer has paid as soon as possible, but no later than within 30 days after the dissolvement takes place.
If supplying an ordered product proves impossible, Cibiday will try their best to make a replacement article available. That a replacement article is being supplied will be mentioned in a clear and understandable manner at the delivery at the latest. With replacement articles the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of Cibiday.
The risk of damage to and/or going missing of products rests with Cibiday up to the moment of delivery to the consumer or a predesignated representative made known to Cibiday, unless explicitly otherwise agreed upon.
Article 12 - Payment
The prices listed for the products and services on offer are in Euros, including VAT and excluding shipping and handling costs, possible taxes or other charges, unless otherwise mentioned or agreed upon in writing. Payments must be made in advance. In so far as it has not been agreed upon differently, the amounts owed by the consumer are to be paid within 14 days after the commencing of the period of the right of withdrawal as stated in article 6 paragraph 1.
The consumer has the obligation to notify Cibiday of inaccuracies in provided or listed payment details without delay.
In case of default by the consumer Cibiday has the right to charge the reasonable costs incurred which have been made known to the consumer in advance, subject to legal restrictions.
Article 13 - Complaints procedure
The business owner has a sufficiently publicised complaints procedure and handles complaints in compliance with this complaints procedure.
Complaints about the execution of the agreement have to be submitted to Cibiday within a reasonable period of time, fully and clearly defined, after the consumer has noted the failings.
Complaints submitted to Cibiday are answered within a 14 day time period calculated from the date of receipt. If a complaint needs a foreseeable longer time to process, Cibiday will answer within the 14 day time period with a notice of receipt and an indication of when the consumer may expect a more elaborate reply.
If the complaint cannot be resolved by mutual agreement a dispute occurs which is subject to the dispute settlement procedure.
Article 14 - Disputes
To agreements between Cibiday and the consumer which are subject to these general terms and conditions, only Dutch law applies.
Article 15 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions cannot be to the detriment of the consumer and are to be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier in an accessible manner.