General terms and conditions

Table of contents:

  1. Article 1 - Definitions
  2. Article 2 - Identity of the entrepreneur
  3. Article 3 - Applicability
  4. Article 4 - The offer
  5. Article 5 - The Agreement
  6. Article 6 - Right of withdrawal
  7. Article 7 - Obligations of the consumer during the reflection period
  8. Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
  9. Article 9 - Obligations of the entrepreneur in the event of withdrawal
  10. Article 10 - Exclusion of right of withdrawal
  11. Article 11 - The price
  12. Article 12 - Compliance and additional warranty
  13. Article 13 - Delivery and execution
  14. Article 14 - Duration transactions: duration, termination and extension
  15. Article 15 - Payment
  16. Article 16 - Complaints procedure
  17. Article 17 - Disputes
  18. Article 18 - Additional or deviating provisions
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Article 1 - Definitions

In these conditions the following definitions apply:
  1. Additional agreement: an agreement involving the consumer products, digital content and/or services in connection with a distance contract and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity
  4. Day: calendar day
  5. Digital content: data produced in digital form and be delivered
  6. Continuation agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period
  7. Durable data carrier: any tool - including e-mail - that the consumer or enables the entrepreneur to store information that is addressed to him personally on a manner that future consultation or use for a period appropriate to the purpose for which the information is intended, and that unaltered reproduction of the stored information makes possible
  8. Right of withdrawal: the option for the consumer to renounce the purchase within the cooling-off period distance contract
  9. Entrepreneur: the natural or legal personn those products, (access to) digital content and/or offers distance services to consumers
  10. Distance agreement: an agreement that between the entrepreneur and the consumer concluded within the framework of an organized system for the distance selling of products, digital content and/or services, where, up to and including the conclusion of the agreement, exclusively or one or more techniques for distance communication are also used
  11. Model form for withdrawal: the European standard included in Appendix I of these conditions model withdrawal form. Annex I does not need to be made available if the consumer has no right of withdrawal with regard to his order
  12. Distance communication technology: means that can be used to close an agreement, without the consumer and entrepreneur having to be in the same room at the same time have come together

Article 2 - Identity of the entrepreneur

LuijTech engineering
Address: PO Box 151, 5110AD Baarle-Nassau
E-mail address: webshop @mastermilo.com
Chamber of Commerce number: 65816919
VAT identification number: NL151809653B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and on every to distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of this general conditions made available to the consumer. If this is not reasonably possible, the before the distance contract is concluded, the entrepreneur must indicate how the general terms and conditions can be viewed at the entrepreneur and that they are made available at the request of the consumer will be sent free of charge as soon as possible.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions be made available to the consumer electronically in such a way that this can be easily stored by the consumer in a sustainable manner data carrier. If this is not reasonably possible, the distance contract will be concluded is closed, the general terms and conditions will be indicated electronically can be inspected and that they can be made available electronically or on request at the request of the consumer will be sent free of charge in any other way.
  4. In the event that in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs are corresponding applicable and the consumer can always rely on this in the event of conflicting conditions the applicable provision that is most favorable to him.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to be a good one to enable assessment of the offer by the consumer. If the entrepreneur uses uses images, these are a true representation of the images offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer does not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations associated with the acceptance of the offer.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the associated conditions conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur confirms without delay by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures for a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures to this end.
  4. The entrepreneur can, within legal frameworks, inform himself whether the consumer meets his can meet payment obligations, as well as all those facts and factors that are important a responsible conclusion of the distance contract. If the entrepreneur on the basis of this investigation has good reasons not to enter into the agreement, he is entitled motivated to refuse an order or request or to impose special conditions
  5. The entrepreneur will inform the entrepreneur at the latest upon delivery of the product, service or digital content consumer the following information, in writing or in such a way that it can be recorded by the consumer can be stored in an accessible manner on a durable data carrier, enclose:
    a. the visiting address of the entrepreneur's branch where the consumer can go with complaints can.
    b. the conditions under which and the manner in which the consumer exercises the right of withdrawal can use, or a clear statement regarding the exclusion from it right of withdrawal.
    c. the information about warranties and existing after-sales service.
    d. the price including all taxes of the product, service or digital content; as far as the costs of delivery apply; and the method of payment, delivery or execution of the distance contract.
    e. the requirements for termination of the contract if the contract has a duration of more than one year or of indefinite duration
    f. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

For products:
  • The consumer can enter into an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur is allowed ask the consumer about the reason for withdrawal, but not to state his reason(s) obligatory.
  • The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a prior agreement by the consumer designated third party, who is not the carrier, has received the product, or:
    a. 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. The entrepreneur is allowed, provided he clearly informs the consumer about this prior to the ordering process manner, an order for multiple products with different refuse delivery time.
    b. 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, receives the last shipment or the last has received the part.
    c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, receives the first product received.
For services and digital content that is not delivered on a tangible medium:
  • The consumer can a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without notice of reasons to terminate. The entrepreneur may ask the consumer about the reason for withdrawal, but do not oblige him to state his reason(s).
  • The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not on a tangible medium delivered if not informed about the right of withdrawal:
  • If the entrepreneur provides the consumer with the legally required information about the right of withdrawal or has not provided the model withdrawal form, the cooling-off period will expire after twelve months the end of the original period established in accordance with the previous paragraphs of this article reflection period.
  • If the entrepreneur has provided the consumer with the information referred to in the previous paragraph provided within twelve months after the commencement date of the original reflection period, expires the reflection period is 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and to determine the operation of the product. The starting point here is that the consumer buys the product may only handle and inspect as he would be allowed to do in a store.
  2. The consumer is only liable for any reduction in value of the product resulting from of a way of handling the product that goes further than permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur does not provide him with all legally required information about it before or at the time of concluding the agreement has provided the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

< ol>If the consumer exercises his right of withdrawal, he must report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner entrepreneur.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 (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The The consumer has in any case observed the return period when he returns the product before the cooling-off period has expired.The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable instructions provided by the entrepreneur clear instructions.The risk and 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. As the entrepreneur has not reported 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 for return shipping.If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that is not made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer is the entrepreneur owes an amount that is proportional to that part of the obligation that is due the entrepreneur has complied at the time of withdrawal, compared to the full amount fulfillment 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 prepared for sale in a limited volume or quantity, or up to supply of district heating, if:
a. the entrepreneur provides the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or has not provided the model form for withdrawal, or:
b.  the consumer does not expressly request the commencement of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.The consumer will not bear any costs for the full or partial delivery of goods not on a digital content delivered on a tangible medium, if:
a. he has not expressly agreed prior to its delivery agreed to start the fulfillment of the agreement before the end of the reflection period.
b. he has not acknowledged that he loses his right of withdrawal when granting his consent, or:
c. the entrepreneur has failed to confirm this statement by the consumer.If the consumer exercises his right of withdrawal, all additional agreements terminated by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

  1. < li>If the entrepreneur allows the notification of withdrawal by the consumer electronically makes, he will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse 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 the refund until he has received it has received the product or until the consumer proves that he has returned the product, to whichever is earlier.
  3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay the additional costs for the more expensive method to be reimbursed.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services of the right of withdrawal, but only if the entrepreneur makes this clear in the offer, at least in time before closing agreement, has stated:
  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period occur.
  2. Agreements concluded during a public auction. Under a public auction means a sales method in which products, digital content and/or services are sold by the entrepreneur are offered to the consumer who is personally present or has the opportunity will be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services.
  3. Service agreements, after full performance of the service, but only if:
    a. the execution has begun with the express prior consent of the consumer, and
    b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur agreement has been fully executed.
  4. Package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements.
  5. Service agreements for the provision of accommodation, as stated in the agreement a specific date or period of execution is provided and other than for residential purposes, freight transport, car rental services and catering.
  6. Agreements relating to leisure activities, if the agreement contains a certain date or period of implementation thereof is provided.
  7. Products manufactured according to consumer specifications, which are not prefabricated and that are manufactured based on an individual choice or decision of the consumer, or those are clearly intended for a specific person.
  8. Products that spoil quickly or have a limited shelf life.
  9. Sealed products that are not suitable for reasons of health protection or hygiene to be returned and of which the seal has been broken after delivery.
  10. Products that, by their nature, are irrevocably mixed with other products after delivery.
  11. alcoholic drinks of which the price has been agreed upon at the time of delivery. concluding the agreement, but of which delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the entrepreneur has no influence.
  12. Sealed audio, video recordings and computer software, the sealing of which after delivery has been interrupted.
  13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto.
  14. The delivery of digital content other than on a tangible medium, but only if:
    < b style="letter-spacing: 0px; background-color: transparent;">a. < span style="letter-spacing: 0px; background-color: transparent;">the performance has begun with the express prior consent of the consumer, and
    b. the consumer has declared that he hereby loses his right of withdrawal.

Article 11 - The price

  1. 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 as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur can produce products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence has, offering variable prices. This bondage to fluctuations and the fact that any prices stated are target prices and will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. 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 authority to cancel the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and extra warranty

  1. The entrepreneur stands by ensures that the products and/or services comply with the agreement, the specifications stated in the offer, meet the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer may have under the agreement against the entrepreneur if the entrepreneur has failed in the fulfillment of his part of the agreement.
  3. Extra warranty means any obligation of the entrepreneur, his supplier, importer or producer in which he grants certain rights or claims to the consumer go further than what it is legally obliged to do in the event that it has failed to comply of his part of the agreement.

Article 13 - Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving the goods and in the execution of orders for products and in the assessment of applications for provision of services.
  2. The place of delivery is the address that the consumer has provided to the entrepreneur made.
  3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur accepts orders expeditiously, but no later than within 30 days unless a different delivery period has been agreed. If delivery is delayed experience, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. The In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer refund immediately.
  5. The risk of damage and/or loss of products rests with the entrepreneur until time of delivery to the consumer or a pre-designated person and to the entrepreneur announced representative, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension

Cancellation:
  • The consumer can enter into an agreement that has an indefinite period and extends to: regular delivery of products (including electricity) or services, at all times cancel in accordance with agreed cancellation rules and a notice period of a maximum of one month.
  • The consumer can enter into an agreement that has been entered into for a fixed period and which extends to regular delivery of products (including electricity) or services, at all times against cancel at the end of the fixed term, taking into account what has been agreed cancellation rules and a notice period of no more than one month.
  • The consumer can cancel the agreements referred to in the previous paragraphs: - cancel at any time and not be limited to cancellation at a specific time or in a certain period; - at least cancel in the same manner as they were entered into by him; - always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
  • An agreement that is for a fixed period has been entered into and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a certain duration. 5. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines tacitly may be extended for a specified period of up to three months, if the consumer wishes to do so extended agreement may be terminated at the end of the extension with a notice period of a maximum of one month.
  • An agreement 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 cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the arranged, but less than once a month, delivering daily, news and weekly newspapers and magazines.
  • An agreement with a limited duration for the regular delivery of daily, news and weeklies and magazines (trial or introductory subscription). tacitly continued and ends automatically after the trial or introductory period.
Duration:
  • If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year. Cancel the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness are against cancellation before the end of the agreed duration reschedule.

Article 15 - Payment

  1. Unless otherwise stated in the agreement or additional terms and conditions, the by Amounts owed to the consumer must be paid within 14 days after the commencement date reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may in general terms and conditions will never be obliged to pay more than 50% in advance. When is prepayment stipulated, the consumer cannot assert any rights regarding the execution of the contract relevant order or service(s), before the stipulated advance payment has been made took place.
  3. The consumer has the obligation to report inaccuracies in payment details provided or stated without delay to report to the entrepreneur.
  4. If the consumer does not fulfill his payment obligation(s) on time, after he has been notified by the the entrepreneur has been informed of the late payment and the entrepreneur has given the consumer a period of 14 has granted days to still meet its payment obligations, after failure to do so payment within this 14-day period, statutory interest will be charged on the amount still due owed and the entrepreneur is entitled to the extrajudicial costs incurred by him to charge collection costs. These collection costs amount to a maximum of 15% outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000,= with a minimum of € 40,=. The entrepreneur can benefit from the consumer deviates from the stated amounts and percentages.

Article 16 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaints complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted within a reasonable time after the consumer has discovered the defects, must be submitted in full and clearly described the entrepreneur.
  3. Complaints submitted to the entrepreneur will be processed within a period of 14 days from the date of receipt. If a complaint has a foreseeable longer processing time request, the entrepreneur will respond within 14 days with a message from receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to file the complaint to be resolved by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.

Article 17 - Disputes

  1. On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, exclusively Dutch law applies.

Article 18 - Additional or deviating provisions

Additional 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 this can be stored by the consumer in an accessible manner in a sustainable manner data carrier.