Terms and conditions  b-Cat

 

Table of contents:

Article 1 – Definitions

Article 2 - The entrepreneur's identity

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and implementation

Article 12 - Payment

Article 13 - Complaints procedure

Article 14 - Disputes

Article 15 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions are used:

  • Cooling-off period: the period during which the consumer may use the right of withdrawal;
  1. Consumer: the natural person not dealing on behalf of a company or profession and who enters into a remote agreement with the entrepreneur.
  2. Day: calendar day;
  3. Continuing performance transaction: a remote agreement with respect to a series of products and/or services, the delivery and/or acceptance obligation for which is spread out in time;
  4. Durable data carrier: any storage device that allows the consumer or the entrepreneur to store information provided to him personally to be stored in a way that future consultation and unaltered reproduction of such information is made possible.
  5. Right of withdrawal: the possibility for the consumer to - within the cooling-off period - opt out of the remote agreement;
  6. Model form: The model form that the entrepreneur makes available to the consumer and that the consumer can fill in when he wishes to exercise his right of withdrawal;
  7. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
  8. Distance agreement: an agreement based on a system for remote sales of products and/or services organised by the entrepreneur, including the concluding of an agreement using one or more techniques for remote communication;
  9. Technology for remote communication: means that can be used to conclude an agreement without the consumer and the entrepreneur having gathered together in the same place and at the same time.
  10. General terms and conditions: these general terms and conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Company name:                 b-Cat BV

Location address:               Biezenwei 6, 4004 MB Tiel

Telephone number:            +31(0)344 670 586 between 07:30 and 16:30

Email address:                    info@b-cat.nl

KvK number:                        11064385

VAT identification number: NL8154050788B01

 

Article 3 - Applicability

  • These general terms and conditions apply to any offer by the entrepreneur and to every finalised remote agreement or order between the entrepreneur and consumer.
  • Before concluding a remote agreement, the text of these general terms and conditions will be made available to the consumer free of charge. If this is not reasonably possible, then, before the remote agreement is concluded, it shall be stated that the general terms and conditions will be directly available at the entrepreneur’s premises and that they will be posted to the consumer free of charge at the consumer’s request as soon as possible.
  • If the remote agreement is concluded electronically, then in derogation of the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions may also be provided to the consumer electronically, in such a manner that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the remote agreement is concluded, how the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request, electronically or in another manner.
  • In the event that aside from these general terms and conditions, specific product and service conditions also apply, the second and third paragraphs apply correspondingly, and in case of conflict with the general terms and conditions, the consumer can always rely on the relevant provision that is most favourable for it.
  • If one or more provisions of these terms is at any time wholly or partially invalid or invalidated, the agreement and these terms and conditions remain otherwise in effect, and the relevant provision will be immediately replaced in consultation by a provision that is as close to the scope of the original insofar as possible.
  • Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of the same.
  • Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of the same.

 

Article 4 - The offer

  • If an offer is of limited validity or is subject to terms and conditions, these shall be explicitly stated in the offer.
  • The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  • The offer contains a complete and accurate description of the offered products and/or services. This description is sufficiently detailed to make a proper assessment by the consumer possible. If the entrepreneur makes use of illustrations, these will be a faithful representation of the products and/or services being offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  • All images and specification details in the offer are indicative and may not lead to damages or dissolution of the agreement.
  • Illustrations of products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
  • All offers include information that makes it clear to the consumer what rights and obligations are attached to accepting an offer. This concerns, in particular:
    • the price including taxes;
    • any costs of delivery;
    • how the agreement will be concluded and what actions are required;
    • whether or not the right of withdrawal applies;
    • method of payment, delivery and execution of the agreement;
  • the period during which the offer may be accepted, or the period within which the entrepreneur guarantees the price
  • the rate for remote communication if the cost of using the technique for remote communication is calculated based on something other than the regular base rate for the method of communication used;
  • the method by which the consumer can, before concluding the agreement, check and correct the desired information provided within the context of the agreement;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the remote agreement in the event of a continuing performance

 

Article 5 - The agreement

  • Subject to the provisions in paragraph 4, the agreement becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.
  • If the consumer accepted the offer via electronic means, the entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer may dissolve the agreement.
  • If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer, ensuring a safe web environment. If the consumer can pay electronically, the entrepreneur shall adopt appropriate security measures to this end.
  • The entrepreneur may, within the limits of the law, gather information about the consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly entering into the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, then the entrepreneur is entitled to refuse an order or request, stating the reasons for doing so, or to attach special conditions to the implementation of the agreement.
  • The entrepreneur shall send the consumer the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  1. the visiting address of the entrepreneur's business establishment where the consumer can submit complaints;
  2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
  3. the information corresponding to existing after-sales services and warranties;
  4. the data recorded in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer prior to the implementation of the agreement;
  5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
  • In case of a continuing performance agreement, the stipulation in the previous paragraph only applies to the first delivery.
  • Each agreement is entered into on the suspensive condition of sufficient availability of the relevant products.

 

Article 6 - Right of withdrawal

For the delivery of products:

  • For the purchase of products, the consumer has the option to dissolve the agreement without a statement of reasons during a period of 14 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance and announced to the entrepreneur by the consumer, receives the product.
  • During the cooling-off period, the consumer should handle the product and the packaging with care. Product should only be unpacked or used to the extent necessary to assess whether or not the consumer wishes to keep the product. If the consumer makes use of the right of withdrawal, the consumer shall return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions given by the entrepreneur.
  • If the consumer wants to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of all the products. The notification must be made by the consumer using the model form. After the consumer has informed the entrepreneur that he wishes to exercise the right of withdrawal, the consumer shall return the product within 14 days. The consumer must prove that the delivered items have been returned in a timely manner, for example by proof of mail delivery.
  • If the consumer has not made known that he wishes to exercise his right of withdrawal or has not sent the product to the entrepreneur after the terms stated in paragraphs 2 and 3, respectively, then the purchase is final.

For the delivery of services:

  • When delivering services, the consumer has the option to dissolve the agreement without a statement of reasons during a period of 14 days, starting on the effective date of the agreement.
  • To exercise his right of withdrawal, the consumer will inform the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

Article 7 - Costs in case of withdrawal

  • If the consumer makes use of his right of withdrawal, at most he will bear the costs of the return shipment.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the withdrawal. The condition for this is that the product has already been received back by the webshop or conclusive evidence of the complete return can be presented.

 

Article 8 - Exclusion of right of withdrawal

  • The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal pertains only if the entrepreneur has stated this clearly in the offer or, in any case, in a prompt fashion before the conclusion of the agreement.
  • Exclusion of the right of withdrawal is only possible for products:
  1. that are created by the entrepreneur in accordance with the specifications of the consumer;
  2. that are clearly of a personal nature;
  3. that, due to their nature, cannot be returned;
  4. that are hygienic products when the seal has been broken by the consumer.

 

Article 9 - The price

  • During the period of validity stated in the offer, the prices for the products and/or services shall not be raised, except for price changes due to changes in VAT rates.
  • In derogation of the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control, at variable prices. This connection to fluctuations and the fact that any prices given are recommended prices shall be stated in the offer.
  • Price increases within 3 months after concluding the agreement are permitted only if they are the result of new legislation.
  • Price increases from 3 months after concluding the agreement are permitted only if the entrepreneur has stipulated it and:
  1. if these increases are the result of legal regulations or provisions; or
  2. if the consumer is authorised to cancel the agreement effective on the day on which the

price increase takes effect.

  • The prices stated in the offer for products or services are exclusive of VAT, unless stated otherwise.
  • All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of printing and typographical errors. The entrepreneur is not obligated to deliver the product at the erroneous price in the case of printing and typographical errors.

 

Article 10 - Conformity and Warranty

  • The entrepreneur warrants that the products and/or services comply with the agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the agreement was concluded. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
  • A warranty provided by the entrepreneur, manufacturer or importer does not prejudice the legal rights and claims that the consumer can assert under the agreement with the entrepreneur.
  • Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be made in the original packaging and in new condition.
  • The warranty term from the entrepreneur corresponds with the factory warranty period. The entrepreneur is, however, never liable for the ultimate suitability of the products for any individual application by the consumer, nor for any recommendations with respect to the use or application of the products.
  • The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products themselves and/or had them repaired and/or modified by third parties
    • The delivered products are exposed to abnormal conditions or otherwise handed carelessly or in conflict with the directions of the entrepreneur and/or on the packaging;
    • The defect is wholly or partially the result of regulations that the government has set or will set with respect to the nature and quality of the materials used.

 

Article 11 - Delivery and implementation

  • The entrepreneur shall exercise the best possible care when receiving orders and executing product orders and when assessing requests for the provision of services.
  • The address that the consumer has provided to the company applies as the place of delivery.
  • With consideration of that stated in this regard in paragraph 4 of this article, the company will fulfil accepted orders with appropriate speed, but no later than within 30 days, unless the consumer agrees to a longer delivery term. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed about this no later than 30 days after having placed the order. The consumer in that case has the right to dissolve the agreement without charge. The consumer has no right to damage compensation.
  • All delivery terms are indicative. The consumer can derive no rights from any stated terms. Exceeding a term gives the consumer no right to damage compensation.
  • In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than within 14 days after dissolution.
  • If delivery of an ordered product appears to be impossible, the entrepreneur will endeavour to make a substitute item available. It will be stated in a clear and understandable way, no later than at the time of delivery, that a replacement product will be delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return will be borne by the entrepreneur.
  • The risk of loss and/or damage to products will be borne by the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
  • If the packaging of a delivered product is opened or damaged, the consumer must, before receiving the product, have the forwarder or deliverer make a note of this, failing which b-Cat cannot be held liable for any damage.
  • If the customer is responsible for transporting a product himself, he must report any visible damage to products or packaging to b-Cat prior to transport; in the event of failure to do so, b-Cat cannot be held liable for any damage.

 

Article 12 - Payment

  • Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 workdays after the start of the cooling off period as set out in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  • The consumer has the duty to promptly inform the entrepreneur of possible inaccuracies in the payment details that were given or specified.
  • In case of late payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known in advance.

 

Consequences of failure to pay on time

  1. If the customer does not pay within the agreed period, b-Cat is entitled to charge interest of 3% per month from the day that the customer is in default, whereby part of a month is charged as a whole month.
  2. If the customer is in default, he is also liable to b-Cat for extrajudicial collection costs and any damage compensation.
  3. The collection costs are calculated based on the decision on reimbursement of extrajudicial collection costs.
  4. If the customer fails to pay on time, b-Cat may suspend its obligations until the customer has fulfilled the payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments for the customer, the claims of b-Cat against the customer will become immediately due and payable.
  6. If the customer refuses to cooperate in the implementation of the agreement by b-Cat, he is still obliged to pay the agreed price to b-Cat.

Article 13 - Complaints procedure

  • The entrepreneur shall have a sufficiently published complaints procedure in place, and shall handle any complaints in accordance with this complaints procedure.
  • Complaints about the execution of the agreement must be submitted to the entrepreneur with a full and complete description within 7 days after the consumer has noted the defects.
  • The complaints submitted to the entrepreneur shall be replied to within a period of 14 days after the date of receipt. If a complaint requires a foreseeably longer time to handle, the entrepreneur shall respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect to receive a more detailed response.
  • If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute rules.
  • In the event of complaints, a consumer must first turn to the entrepreneur.
  • It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
  • A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  • If a complaint is found to be well founded by the entrepreneur, the entrepreneur will have the option of replacing or repairing the delivered products at their own expense.

 

Article 14 - Disputes

  • Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This is also the case if the consumer resides abroad.
  • The Vienna Convention does not apply.

 

Article 15 - Additional or deviating provisions

Additional provisions and/or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be put in writing or recorded in such a way that the consumer can store them in an accessible manner on a durable data carrier.

 

 

Model Form For Withdrawal
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