Terms of service

Table of Contents: 

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of return

Article 7 - Costs in case of return

Article 8 - Exclusion of right of return

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

 

Article 1 – Definitions

For the purposes of these terms and conditions:

  1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer within the cooling off period to waive the distance contract;
  7. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
  9. Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur coming together in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Genzy;

Floris Simonszstraat 6, 1135 HD Edam

E-mail address: info@genzyofficial.com

KvK number: 77322428

Btw-identificatienummer: NL860970942B01

 

Article 3 - Applicability

  1. These General Terms and Conditions apply to any offer made by the Entrepreneur and to any distance contract concluded between the Entrepreneur and the Consumer.
  2. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer in a simple manner can be stored on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the case that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply by analogy and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favourable 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 explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of 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.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: 
      • the price including taxes;
      • the possible costs of delivery;
      • the way in which the agreement will be concluded and which actions are necessary 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 amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
      • whether the agreement will be archived after its conclusion, and if so, how this 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, if desired, repair it;
      • any other languages in which, in addition to Dutch, the agreement can be concluded;
      • the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
      • the minimum duration of the distance contract in the case of an endurance transaction.

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 conditions set.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
  5. The entrepreneur will provide the product or service to the consumer with the following information, in writing or in such a way that the consumer in an accessible way can be stored on a durable medium: 
      • the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
      • the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;
      • the information about guarantees and existing after-sales service;
      • the data included in article 4 paragraph 3 of these terms and conditions, unless the Entrepreneur has already provided the Consumer with these data prior to the execution of the contract;
      • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  1. In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of return

Upon delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

when providing services:

  1. When providing services, the consumer has the option of dissolving the agreement without giving any reason to dissolve for at least fourteen days, commencing on the day of entering into the agreement.
  2. In order to exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the time of the offer and / or at the latest at the time of delivery.

 

Article 7 - Costs in case of return

  1. If the consumer exercises his right of withdrawal, at most the costs of returning the goods shall be borne by him.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

 

Article 8 - Exclusion of right of return

  1. The entrepreneur may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
  2. Exclusion of the right of withdrawal is only possible for products: 
      • that have been brought about by the entrepreneur in accordance with the consumer's specifications;
      • that are clearly of a personal nature;
      • which cannot be returned due to their nature;
      • that can spoil or age quickly;
      • whose price is subject to fluctuations in the financial market over which the Entrepreneur has no influence;
      • for individual newspapers and magazines;
      • for audio and video recordings and computer software of which the Consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services: 
      • concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
      • of which the delivery has commenced with the Consumer's explicit consent before the cooling-off period has expired;
      • concerning bets and lotteries.

 

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the Entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices mentioned are target prices, are mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated and: 
      • they are the result of statutory regulations or provisions; or
      • the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
  1. The prices mentioned in the offer of products or services are inclusive of VAT.

 

Article 10 - Conformity and warranty

  1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. 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 agreement.

 

Article 11 - Delivery and execution

  1. The entrepreneur will take the utmost care in receiving and executing orders of products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the 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 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
  5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
  6. The risk of damage and / or loss of products rests with the entrepreneur up to the time of delivery to the consumer or a previously appointed and disclosed to the entrepreneur representative, unless otherwise expressly agreed.

 

Article 12 - Duration transactions: duration, termination and renewal

Termination

  1. The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
  2. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the agreed termination rules and a notice of up to one month.
  3. The consumer can in the previous paragraphs mentioned agreements: 
      • terminate at any time and not be limited to termination at a specific time or in a specific period;
      • at least terminate in the same way as they have been entered into by him;
      • always terminate with the same notice as the entrepreneur has stipulated for himself.

Renewal

  1. A contract that is entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer this extended contract at the end of the extension may terminate with a notice of up to one month.
  3. A contract for a definite period and that extends to the regular delivery of products or services, may only be tacitly extended indefinitely if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months in case the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
  4. An agreement with a limited duration to the regular delivery of newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When a prepayment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated prepayment has been made.
  3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  4. In the event of non-payment by the Consumer, the Entrepreneur has the right, subject to legal restrictions, to charge the Consumer for the reasonable costs incurred in advance.

 

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to the Entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute resolution procedure.

 

Article 15 – Disputes

  1. Agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions relate shall be governed exclusively by Dutch law.

 

Article 16 - Additional or different provisions

  1. Additional provisions or provisions deviating from these 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 data carrier.