General terms and conditions locker rental

 

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 withdrawal

Article 7: Exclusion right of withdrawal

Article 8: The price

Article 9: Compliance and extra guarantee

Article 10: Duration transactions: duration, cancellation and extension

Article 11: Payment

Article 12: Complaints procedure

Article 13: Disputes

Article 14: Additional or different provisions

 

Article 1: Definitions

In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
  6. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  7. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
  8. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. uses one or more techniques for remote communication;
  10. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

 

Article 2: Identity of the entrepreneur

Quispel Deurne BV, located Industrieweg 19a, 5753 PB Deurne

Telephone number (only available during office hours from 9 a.m. to 5 p.m.)  31 493 316 855

Email: info@quispel.com

Chamber of Commerce number: 17062126

VAT identification number: NL008745080B01


Article 3: Applicability
  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  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 can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

 

Article 4: The offer
  1. The offer has a limited period of validity and is subject to conditions. This is expressly stated in the offer.
  2. The offer contains a complete and accurate description of the services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on 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.

 

Article 5: The agreement
  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
  2. 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 can dissolve 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
  5. At the latest upon delivery of the service to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: the telephone number of the entrepreneur where the consumer can lodge complaints can go; a clear statement regarding the exclusion of the right of withdrawal; the price including all taxes of the service; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract; if the consumer has a right of withdrawal, the model withdrawal form.

 

Article 6: Right of withdrawal

For services and digital content that is not provided on a tangible medium:

  1. The consumer agrees to start the service within 14 calendar days.
  2. The consumer expressly declares to waive his right of withdrawal because the service is performed immediately and completely within the statutory cooling-off period of 14 calendar days.

 

Article 7: Exclusion right of withdrawal
  1. Service agreements, after full performance of the service, but only if: the performance has started with the express prior consent of the consumer; and the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  2. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;

 

Article 8: 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 as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. The prices stated in the offer of products or services include VAT.

 

Article 9: Compliance with the agreement and extra guarantee
  1. The entrepreneur guarantees that the services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.

 

Article 10: Duration transactions: duration, cancellation, extension and penalty

Cancellation:

  1. The consumer does not have to cancel the agreement that has been entered into for a definite period and which extends to the delivery of a service towards the end of the useful life or the definite term. The specified duration ends automatically.

Extension:

  1. If an agreement that extends to the one-off delivery of a service for a definite period of time can be extended, the consumer must extend or renew it within the specified period or for a specific period of time.
  2. When an agreement that extends to the one-off provision of a service for a definite period of time is entered into with automatic provision, the consumer must terminate the service himself.

Duration:

  1. 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 reasonableness and fairness oppose cancellation before the end of the agreed duration.

fine:

  1. If the agreed term of use of the offer is not terminated in time, sanctions or fines may follow. These are communicated in the offer. After paying for this, the service can still be used once.

 

Article 11: Payment
  1. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid prior to using the service and after concluding the agreement. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.

 

Article 12: 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 fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. 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 answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.

 

Article 13: Disputes
  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

 

Article 14: Additional or different provisions
  1. Additional provisions or provisions that deviate 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 they can be stored by the consumer in an accessible manner on a durable data carrier.


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