General Terms and Conditions
Article 1 – Definitions
The following terms apply in these conditions:
Cooling period: the period within which the consumer can
exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract
with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract concerning
a series of products and/or services, the delivery and/or purchase obligation of which is spread over time
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him or her in a way that allows future consultation and
allows unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance sales contract within the
withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services externally to consumers;
Distance sales contract: an agreement whereby, within the framework of a system organised by the entrepreneur, the distance sale of products and/or services up to and including the conclusion of the
contract, exclusive use is made of one or
more techniques of distance communication;
Technology of distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.
General terms and conditions and conditions: the current general terms and conditions
of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company: Worst
Address: On request (PLEASE NOTE: NO return address)
Email address: info@balantique.com
Chamber of Commerce number: 56991762
VAT identification number: 22060 8520 B 02
Article 3 – Application
These general terms and conditions apply to any offer from the entrepreneur and to any distance sales contract and order concluded between the entrepreneur and the consumer.
Before the distance sales 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 conclusion of the distance contract that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be provided free of charge as soon as possible at the consumer's request. .
sent.
If the distance contract is concluded electronically,
notwithstanding the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be read electronically and that they can be read electronically upon request by the consumer will be sent electronically or otherwise free of charge.
In the event that in addition to these general terms and conditions, specific product or service terms also apply,
the second and third paragraphs apply correspondingly and the consumer may opt out in the event of conflicting general terms and conditions
always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions
are wholly or partially invalid or are annulled at any time, the agreement and these terms and conditions
remain in force for the remainder and the relevant provision will be immediately replaced by mutual agreement
by a provision that approximates the scope of the
original as much as possible.
Situations not regulated in these general terms and conditions
shall be assessed 'in spirit' of these general terms and conditions. Uncertainty about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
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 is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and precise description of the products and/or services offered. The description is sufficiently detailed to enable a correct assessment of the offer by the consumer. If the entrepreneur uses images, these are aand representation of the offered products and/or services. Obvious errors or apparent errors in the offer do not bind the entrepreneur.
All images, specifications and information 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 offered products. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with
acceptance of the offer. This concerns in particular:
the price includes taxes;
any shipping costs;
the manner in which the contract will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer or the period
within which the entrepreneur guarantees the price;
the amount of the distance communication tariff, if
the costs of using the technology for distance communication are calculated on a basis other than the ordinary
basic tariff for the means of communication used; p>
whether the agreement is archived after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, retrieve the data he has provided in connection with the agreement before concluding the
agreement;
any other languages in which the agreement can be concluded in addition to Dutch;
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 selling agreement in the event of a
duration transaction.
Optional: available sizes, colors, type of material.
Digital products are delivered immediately after purchase. Access is granted immediately after purchase. The consumer cannot receive a refund on digital products
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of point 4,
at the time of the consumer's acceptance of the
offer and compliance with the conditions set out.
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 may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may - within legal frameworks - inquire about whether the consumer can fulfill his payment obligations, as well as all the circumstances and factors that are important for a responsible conclusion of the distance sales agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution
The entrepreneur will provide the consumer with the following information together 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, send:
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Any agreement is concluded under the suspensive
conditions of sufficient availability of the relevant
products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option
to terminate the agreement without giving any reason
within 14 days. This cooling-off period begins on the day after the receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the productand the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product and whether it can still be sold. If he exercises his right of withdrawal, he returns the product with all accompanying accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the entrepreneur's instructions with reasonable and clear instructions.< /p>
If the consumer wants to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receiving the product. The consumer must notify this by written message/email. After the consumer has indicated that he wants to exercise 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 a timely manner, for example by providing proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is deemed to have been made.
Article 7 - Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days of
cancellation. This is conditional on the product already being received back by the online retailer or conclusive evidence of complete return being provided.
Article 8 – Exclusion of right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal
for products as described in paragraph 2 and 3.
The exclusion of the right of withdrawal only applies if
the entrepreneur clearly states this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for
products:
The right of withdrawal is only possible for
services:
Article 9 – Price
During the validity period specified 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.
Notwithstanding the preceding paragraph, the entrepreneur offers products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence,
with variable prices. This responsibility for fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months of the conclusion of the
agreement are only permitted if they are the result of
legal provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
The prices stated in the offer for products or services are
inclusive of VAT.
All prices are subject to printing and typographical errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the goods at the wrong price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services
comply with the agreement, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the date of conclusion of the agreement, existing legal provisions and/or state regulations. If agreed, the entrepreneur also guarantees that the prodthe product is suitable for other than normal use.
A guarantee
from 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 notified to the entrepreneur in writing within
14 days of delivery. Products must be returned in original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee 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 guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur's instructions and/or have been treated on the packaging;
The defect is wholly or partly the result of
regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest care
when receiving and executing
orders on products.
The place of delivery is the address that the consumer has communicated to the company.
Taking into account what is stated in article 4 of these
general terms and conditions, the company will execute accepted
orders quickly, but no later than within 30 days
, unless the consumer has agreed to a longer
delivery period. If delivery is delayed, or
if an order cannot be fulfilled or can only be fulfilled 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 withdraw from the agreement free of charge and
the right to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will
refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will do everything possible to make a replacement product available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products shall lie with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and notified to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Duration transactions: duration, termination and extension
Cancellation
The consumer may at any time terminate an agreement concluded for an indefinite period and which includes the regular supply of products (including electricity) or services, taking into account the agreed withdrawal rules and a notice period of no more than one month.
The consumer may at any time terminate an agreement for a specific period and which extends to the regular supply of products (including electricity) or services, at any time upon expiry of the stipulated period, taking into account the agreed withdrawal rules and a notice period of no more than one month.
The consumer may cancel the agreements mentioned in the previous paragraphs:
cancel at any time and is not limited to cancellation at a
specific time or a specific period;
at least cancel in the same way as they were concluded by him;
always terminate with the same notice period that the entrepreneur has agreed for himself.
Extension
An agreement concluded for a specific period and which includes
the regular supply of products (including electricity) or services may not be tacitly extended or
renewed for a specific period. expensive.
Notwithstanding the preceding paragraph, an agreement concluded for a certain period of time and which includes the regular delivery of daily and weekly newspapers and magazines may be tacitly extended for a certain period of time of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice of no more than one month.
An agreement concluded for a certain period of time and which is sufficient for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can withdraw at any time with a notice of no more than one month and a notice of no more than three months ifthe agreement extends to the regular, but less than once a month, delivery of daily news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically terminate after the expiry 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 after one year with a notice period of no more than one month, unless it is reasonable and justice opposes cancellation before the expiry of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7
working days after the beginning of the cooling-off period as referred to in
Article 6, paragraph in the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in payment details provided or communicated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur
is entitled, subject to statutory restrictions, to charge the reasonable costs of which the consumer is aware in advance.
< br> Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within 7
days 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 a period of 14 days
will be answered with an acknowledgement of receipt and an indication of when
the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement
a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur's obligations
unless the entrepreneur indicates in writing other.
If a complaint proves to be well-founded by the entrepreneur, the entrepreneur will
at its own discretion replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer
to which these general terms and conditions apply are exclusively subject to Dutch law. Even if the consumer lives abroad.
