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  – Consumer’s obligations during the reflection period                     

Article 8  – Exercising the Consumer’s right of withdrawal and the costs          

Article 9  – Entrepreneur’s obligation in case of withdrawal

Article 10 – Exclusion of the right of withdrawal  

Article 11 – The price                              

Article 12 – Compliance and extra guaranty                            

Article 13 – Delivery and execution                              

Article 14 – Continuing performance contract: duration, termination and extension

Article 15 – Payment                                                 

Article 16 – Complaints procedure                      

Article 17 – Disputes                                        

Article 18 – Additional or varying provisions         

 

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement  and these goods, digital content and/or services are delivered by the  Entrepreneur or a third party on the basis of an arrangement between this  third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  7. Sustainable data carrier: any means, including email, that allow the Consumer or PLEK to store information directed to him/her  personally in such a manner that makes future consultation and use possible  during a period that matches the purpose for which the information is  destined and which makes unaltered reproduction of the stored information 
  8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  9. Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
  10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling  products, digital content and/or services, whereby exclusive or additional  use is made of one or more technologies of distance communication up to the  conclusion of the contract;
  11. Standard form for withdrawal: the European standard form for

withdrawal included in Appendix 1; 

  1. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being  together in the same place at the same time. 

 

Article 2 – The Entrepreneur’s identity

PLEK Conceptstore (trade name: Bogu en Co B.V.);

Engestraat 15-17, 7411LC, Deventer; 

+31570 74 54 80, Tuesday 12am-5.30pm, Wednesday-Saturday 10am-5.30pm;

info@plekstore.nl; 

CoC/KvK: 62371355;

VAT: NL854791814B01

 

Article 3 – Applicability

  1. These General Terms and Conditions apply to any offer from PLEK and to any distance contract concluded by PLEK and the 
  2. Before concluding a distance contract, PLEK shall make the text of these General Terms and Conditions available free of charge and as soon as  If this is reasonably impossible, PLEK shall indicate in  what way the General Terms and conditions can be inspected and that they  will be sent free of charge if so requested, before the distant contract is  concluded.  
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the  distance contract is concluded, may also be supplied to the Consumer  electronically in such a way that the Consumer can easily store it on a long term data carrier. If this is reasonably impossible, it will be specified where  the General Terms and Conditions can be viewed electronically and that they  will be sent to at the  Consumer´s request free of charge, either via  electronic means or otherwise, before concluding the distance contract;
  4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall  apply accordingly, and in the event of contradictory terms and conditions, the  Consumer may always appeal to the applicable provision that is most favorable to him/her. 

 

Article 4 – The offer 

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable

 the Consumer to assess the products, or services and/or digital content  adequately. If PLEK makes use of pictures, they are truthful  images of the products and/or services provided. Obvious errors or mistakes  in the offer do not bind PLEK.

  1. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

 

Article 5 – The contract

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the          Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, PLEK shall promptly confirm receipt of having accepted the offer via electronic  As long as the receipt of said acceptance has not been confirmed, the  Consumer may repudiate the contract.
  3. If the contract is concluded electronically, PLEK will take appropriate technical and organisational security measures for the electronic  data transfer and ensure a safe web environment. If the Consumer can pay  electronically, PLEK shall observe appropriate security measures. 
  4. PLEK may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors  relevant to responsibly concluding the distance contract. If, acting on the  results of this investigation, PLEK has sound reasons for not  concluding the contract, he is lawfully entitled to refuse an order or request  supported by reasons, or to attach special terms to the implementation.
  5. Before delivering the product, PLEK shall send the following information along with the product, the service or the digital content in writing  or in such manner that the Consumer can store it in an accessible manner on  a long-term data carrier: 
    1. the visiting address of PLEK´s business establishment where the Consumer may get into contact with any complaints; 
    2. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information  about his being exempted from the right of withdrawal; 
    3. the information corresponding to existing after-sales services and     guarantees;
    4. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or  implementation of the distance contract;
    5. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
    6. the standard form for withdrawal if the Consumer has the right of    
  6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal In case of products:

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of 14 days. PLEK  may  ask the Consumer about the reason for the withdrawal but cannot force  him to state his reason(s). 
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance  and who is not the carrier, or 
    1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the  last product. PLEK may refuse an order of several products

                   with different delivery dates provided that he clearly informs the          Consumer prior to the order process. 

  1. in case the delivery of a product consists of several batches or parts:

  the day on which the Consumer or a third party appointed by him   received the last batch or the last part. 

  1. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed   by him received the first product.

 

In case of services and digital content that is not delivered on a physical carrier:  3. The Consumer can terminate an agreement for services or an agreement  for delivery of digital content that is not delivered on a physical carrier  without giving reasons during at least 14 days. PLEK may ask  the Consumer about the reason for the withdrawal but cannot force him to  state his reason(s). 

  1. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement. 

 

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal: 

  1. If PLEK has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard  form for withdrawal, the reflection period expires twelve months after the  end of the original reflection period in accordance with the reflection period  determined in the previous sub-clauses of this Article. 
  2. If PLEK provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the  original period of reflection, the period of reflection expires 14 day after the  day on which the Consumer received the information. 

 

Article 7 – Consumer’s obligations during the time of reflection 

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent  necessary for establishing the nature, the characteristics and the effect of the  The guiding principle is that the Consumer may only handle and  inspect the product in the manner in which one is allowed to handle a product  in a shop. 
  2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than  allowed in sub-section 1. 
  3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of  withdrawal before concluding the Agreement. 

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

  1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the  period of reflection. 
  2. The Consumer shall return the product or deliver it to (the authorized representative of) PLEK as soon as possible but within 14 days  counting from the day following the notification referred to in sub-clause 1.  This need not be done if PLEK offered to collect the product  The Consumer observed the period of returning the product in any  event if the product is returned before the expiration of the period of  reflection. 
  3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with  reasonable and clear instructions given by PLEK. 
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer. 
  5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if  PLEK pointed out that he will bear the costs himself, the  Consumer need not pay the cost of returning the product. 
  6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not  been made ready for sale not be started in a limited volume or given quantity  during the period of reflection, the Consumer shall pay PLEK an  amount that is equal to the part of the obligation already performed at  the  time of withdrawal as compared with the full compliance of the   
  7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited  volume or quantity, or for the supply of district heating if
    1. PLEK has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of   costs in case of withdrawal or the standard form for withdrawal, or
    2. if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating   be started during the period of reflection. 
  8. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if 
    1. prior to the delivery, he has not explicitly consented to start

                performance of the agreement before the end of the period of reflection; 

  1. he did not acknowledge to lose his right of withdrawal when giving consent; or 
  2. PLEK failed to confirm the Consumer’s statement.
  1. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law. 

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

  1. If PLEK makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  2. PLEK shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned  product, as soon as possible but within 14 days following the day on which  the Consumer notified him of the withdrawal. Unless PLEK offers  to collect the product himself, he can wait with paying back until having  received the product or until the Consumer proved that he returned the  product, whichever occurs first.
  3. PLEK shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The  reimbursement is free of charge for the Consumer. 
  4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, PLEK need not reimburse the  additional costs for the more expensive method.  

   

Article 10 – Exclusion of the right of withdrawal

PLEK can exclude the following products and services from the right of withdrawal but only if PLEK notified this clearly when making the offer or at any rate in good time before concluding the agreement: 

  1. Products or services with a price that is subject to fluctuations in the financial market on which PLEK has no influence and which may  occur within the period of withdrawal;
  2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby PLEK offers products, digital  content and/or services to the Consumer who is personally present or has the  possibility to be personally present at the auction under the direction of an  auctioneer and whereby the successful bidder is obliged to purchase the  products, the digital content and/or the services.
  3. Services agreements, after full performance of the service, but only if
    1. the performance started with the Consumer’s explicit prior consent; and
    2. the Consumer stated that he will lose his right of withdrawal as soon as PLEK has fully performed the agreement. 
  4. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential  purposes, goods transports, car rental services and catering; 
  5. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement; 
  6. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a  Consumer’s individual choice or decision or which are intended for a specific  person; 
  7. Perishable products or products with a limited durability.
  8. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken; 
  9. Products which for their nature are irreversibly mixed with other products; Alcoholic drinks of which the price has been agreed upon at the conclusion of  the agreement but of which the delivery can take place only after 30 days,  and whose real value depends on fluctuations in the market which the  Entrepreneur cannot affect.
  10. Sealed audio and video recordings and computer programs of which the seals  were broken after delivery; 
  11. Newspapers, periodicals or magazines, with the exception of subscriptions to them; 
  12. The delivery of digital content other than on a physical carrier, but only if:
    1. the performance was started with the Consumer’s explicit prior

                consent;

  1. the Consumer stated that he will lose his right of withdrawal by doing         

 

Article 11 – The price

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to  changes in VAT rates.
  2. Contrary to the previous paragraph, PLEK may offer products or services whose prices are subject to fluctuations in the financial market that  are beyond PLEK’s control, at variable prices. The offer will state  the possibility of being subject to fluctuations and the fact that any indicated  prices are target prices.
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation. 
  4. Price increases from 3 months after concluding the contract are permitted only if PLEK has stipulated it and 
    1. they are the result of legal regulations or stipulations, or
    2. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
  5. All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

  1. PLEK guarantees that the products and/or services comply with the contract, 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 contract was  If agreed, PLEK also guarantees that the product is  suitable for other than normal use. 
  2. An extra guarantee offered by PLEK, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise  against PLEK about a failure in the fulfilment of PLEK’s  obligations if PLEK has failed in the fulfilment of his part of the 
  3. ‘Extra guarantee’ is taken to mean each obligation by PLEK, his Supplier, Importer or Manufacturer in whom he assigns certain rights or  claims to the Consumer that go further than he is legally  required in case he  fails in the compliance with his part of the agreement. 

 

Article 13 – Delivery and execution

  1. PLEK shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the  provision of services.
  2. The place of delivery is at the address given by the Consumer to the
  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, PLEK shall execute accepted orders with  convenient speed but at least within 30 days, unless another delivery period  was agreed on. If the delivery has been delayed, or if an order cannot be  filled or  can be filled only partially, the Consumer shall be informed about this  within one month after ordering. In such cases, the Consumer is entitled to  repudiate the contract free of charge and with the right to possible 
  4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but  at least within 30 days after repudiation.
  5. The risk of loss and/or damage to products will be borne by PLEK until the time of delivery to the Consumer or a representative appointed in  advance and made known to the Consumer, unless explicitly agreed    

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination

  1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products  (including electricity) or services, with due observance of the termination  rules and subject to not more than one month’s notice.
  2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including  electricity) or services at the end of the specific period, with due observance  of the termination rules and a subject to not more than one month’s notice. 3.  The Consumer can cancel the agreements mentioned in the preceding  paragraphs:
    • at any time and not be limited to termination at a particular time or in a

                given period;      

  • at least in the same way as they were concluded by him;
  • at all times with the same notice as PLEK stipulated for         

Extension

  1. An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be  automatically extended or renewed for a fixed period. 
  2. Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly  newspapers and magazines, may tacitly be renewed for specific period of  three months at the most if the Consumer can terminate this extended  agreement towards the end of the extension with a notice of one month at the   
  3. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an  indefinite period if the Consumer can cancel it at any time with a notice of one  The notice is three months at the most in vase the contract is about  a delivery of dailies, newspapers and weeklies and magazines occurring  regularly but less than once a month. 
  4. An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not  renewed tacitly and ends automatically after the trial or introductory period. Duration
  5. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more  than one month, unless reasonableness and fairness resist the termination  before the end of the agreed term.

 

Article 15 – Payment

 

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after  the period of reflection, or if there is no period of reflection within 14 days  after concluding the agreement. In case of an agreement to provide a service,  this period starts on the day that the Consumer received the confirmation of  the agreement.
  2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions.  If an advance payment was agreed, the Consumer may not assert any right  regarding the execution of the order in question or the service(s) in  question before making the agreed advance payment.
  3. The Consumer has the duty to inform PLEK promptly of possible inaccuracies in the payment details that were given or specified.
  4. In case the Consumer has not complied with his payment obligation(s) in time, and PLEK has pointed out to him that the payment was late  and allowed the Consumer a period of 14 days to comply with the payment  obligations, the Consumer is to pay the statutory interest on the amount  payable and PLEK is entitled to charge the Consumer with any  extrajudicial collection costs. These extrajudicial collection costs amount to no  more than 15% for outstanding amounts up to € 2,500, 10% for the following  € 2,500 and 5% for the following € 5000, with a minimum of € 40. The  Entrepreneur may deviate from the aforementioned amounts and percentages  in favour of the Consumer. 

 

Article 16 – Complaints procedure

 

  1. PLEK shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint 
  2. Complaints about the performance of the contract shall be submitted fully and clearly described to PLEK within a reasonable time after the  Consumer discovered the defects
  3. The complaints submitted to PLEK shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable  longer time for handling, PLEK shall respond within 14 days with a  notice of receipt and an indication when the Consumer can expect a more  detailed reply. 
  4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute           that is open to the dispute settlement rules.

 

 

Article 17 – Disputes

  1. Contracts between PLEK and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
  2. With due observance of the provisions set out below, the disputes between the Consumer and PLEK about the formation or the performance  of contracts related to products or services that PLEK must deliver  or has already delivered can be submitted by both the Consumer and the  Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,  The Hague (Den Haag) (www.sgc.nl). 
  3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to PLEK within a  reasonable period.
  4. The dispute must have been submitted in writing to the Geschillencommissie Webshop within three months after arising of the dispute. 
  5. If the Consumer wishes to submit a dispute to the Geschillencommissie, the Entrepreneur is bound by this choice. When PLEK wishes to file  the dispute to the Geschillencommissie, the Consumer must speak out in  writing within five weeks after a written request made by PLEK  whether he so desires or wants the dispute to be dealt with by the competent  If PLEK has not heard of the Consumer’s option within the  period of five weeks, PLEK is entitled to submit the dispute to the  competent court. 
  6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission

       (http://www.degeschillencommissie.nl/overonss/decommissies/2701/webshop)

          A decision made by the Geschillencommissie is a binding advice.

  1. The Disputes Committee will not handle a dispute or will discontinue handling it if PLEK is granted a moratorium, goes bankrupt or actually  ended his business activities before the Commission has handled a dispute at  the hearing and delivered a final award.
  2. If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies  voor Consumentenzaken (SGC) [Foundation for Consumer Complaints  Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)  [Financial Services Complaints Board] is competent, the disputes that are  mainly related  to sales methods or distance services, the

 Geschillencommissie Webshop Keurmerk is preferably competent, and for all  other disputes, the disputes committee recognised by and affiliated with the  SGC or Kifid is competent.

 

 

Article 18 – Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should 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 long-term data carrier.

 

 

 

 

 

 

 

 

Appendix I: Standard form for withdrawal

 

Standard Form for Withdrawal

 

(Complete this form and return it only when you want to revoke the agreement)

 

  • To: PLEK Conceptstore

               Engestraat 15-17, 7411LC, Deventer

               info@plekstore.nl    

          

 

 

  • I hereby inform you that I wish to revoke our agreement on the sale of the following products: [specification of the   product]*

          the delivery of the following digital content [specification of the  digital  content]*

          the performance of the following service [specification of the     service]*

 

–        Ordernumber [ordernumber]     

  • Ordered on*/received on* [date of ordering the services or receiving products]* – [Consumer’s name]
  • [Consumer’s address]
  • [Consumer’s signature] (only when this form is submitted on paper)

 

 

*) Delete and/or complete where appropriate.