Terms and Conditions
Article 1 – Definitions
In these terms and conditions the following definitions apply:
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession and enters into a distance contract with the entrepreneur;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: a method that can be used for concluding a contract without the consumer and the entrepreneur having to be simultaneously present in the same place;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any device that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation for a period appropriate to the purpose of the information and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
HKMM Media trading under the name Airfryertotaal
Molenmakershoek 64b
7328 JK Apeldoorn
Customer service phone number: 06-30851162 (Available Mon. to Fri. 9.00 – 17.00)
Email address: info@airfryertotaal.com
Chamber of Commerce number: 96084103
VAT identification number: NL867462541B01
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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 stated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to 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 electronically in such a way that the consumer can store it in an accessible way 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 free of charge electronically or otherwise at the consumer’s request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Every offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
the price including taxes;
any delivery costs;
the way in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery or execution of the contract;
the period for accepting the offer, or the period within which the price will be honored;
the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate;
whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and correct it if desired;
the possible languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may—within legal frameworks—ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a sound conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request with reasons, or to attach special conditions to the performance.
The entrepreneur 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 business location where the consumer can lodge complaints;
b. 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;
c. information on existing after-sales service and warranties;
d. the price including all taxes of the product, service, or digital content; insofar as
applicable, the delivery costs; and the method of payment, delivery, or performance of the
distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
f. if the consumer has a right of withdrawal, the model withdrawal form.
If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
The consumer can dissolve a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Provided he has clearly informed the consumer about this prior to the ordering process, the entrepreneur may refuse an order of multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
for contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer can dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
During the cooling-off period the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he shall notify the entrepreneur thereof within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to the entrepreneur (or a person authorized by the entrepreneur). This is not required if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period in any case if he sends back the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the product.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity, which are not put up for sale in a limited volume or set quantity, begin during the cooling-off period, the consumer owes the entrepreneur an amount that is proportionate to that part of the obligation that has been performed by the entrepreneur at the moment of withdrawal, compared to full performance of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has failed to provide the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form; or;
the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
he has not expressly agreed, prior to delivery, to commencing performance of the contract before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal upon granting his consent; or
the entrepreneur has failed to confirm this statement by the consumer.
If the consumer makes use of his right of withdrawal, all supplementary contracts are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
If the entrepreneur enables the consumer to make a notification of withdrawal electronically, he will promptly send an acknowledgement of receipt after receiving this notification.
The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
The entrepreneur uses the same means of payment for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
the performance has begun with the consumer’s express prior consent; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, transport of goods, car rental services and catering;
Contracts relating to leisure activities, if a specific date or period of performance is provided for in the contract;
Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, by their nature, are irrevocably mixed with other products;
Alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions;
The supply of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer’s express prior consent; and
the consumer has declared that by doing so he loses his right of withdrawal.
Article 11 – The price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may 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. This susceptibility to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the contract on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract.
Any arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer may assert against the entrepreneur regarding a failure in the performance of the entrepreneur’s obligations under the law and/or the distance contract.
Article 13 – Delivery and performance
The entrepreneur will take the greatest possible care when receiving orders for products and in assessing requests for the provision of services and in executing them.
The place of delivery is deemed to be the address that the consumer has made known to the company.
Subject to what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will receive notification of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the contract 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 to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are for the entrepreneur’s account.
The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 –Continuous transactions: duration, termination and renewal
Termination:
The consumer may terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least in the same way as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
A contract concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
Contrary to the previous paragraph, a contract concluded for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract concluded for a fixed 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 no more than one month. The notice period is at most three months if the contract extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery for trial purposes 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 a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of a contract for the provision of a service, within 14 days after the documents relating to this contract have been issued.
When selling products to consumers, advance payment of more than 50% may never be stipulated in the general terms and conditions. When 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 promptly report inaccuracies in provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs that were made known to the consumer in advance.
Article 16 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
Article 17 Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights to displayed information, notices or other expressions relating to the products and/or relating to the website rest with Seosimpel, its suppliers or other rights holders.
Article 18 Personal data.
Seosimpel will process the Buyer’s data solely in accordance with its privacy policy. In doing so, Seosimpel observes the applicable privacy rules and legislation.
Article 19 Applicable law and competent court.
All offers by Seosimpel, its contracts and the performance thereof are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 20 Links
The Seosimpel site may contain third-party advertisements or links to other sites. Seosimpel has no influence on and is not responsible for the privacy policy of these third parties or their sites.
Article 21 Your rights
You can always ask Seosimpel which data about you is being processed. To do so, you can send an email. You can also ask Seosimpel by email to make improvements, additions or other corrections, which Seosimpel will process as soon as possible. If you no longer wish to receive information, you can inform Seosimpel of this. Information is only sent if you have provided your email address for that purpose.
Article 22 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.