
Preservering through R3-engineering
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Preservering through R3-engineering
Terms & Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection Period: The period within which the consumer can make use of their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuing Performance Contract: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The option for the consumer to waive the distance contract within the reflection period.
Model Form: The model form for withdrawal that the entrepreneur makes available and that a consumer can complete when they wish to exercise their right of withdrawal.
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
Distance Contract: An agreement where, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used.
Technique for Remote Communication: Means that can be used for concluding an agreement without the consumer and entrepreneur having met simultaneously in the same room.
General Terms and Conditions: These present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
R3print Moto
Adress: Vioolstraat 8 6922 KH Duiven The Netherlands
Mail: Info@reprintmoto.com
Phone: +31 6 30777308
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
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 can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it 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 read electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
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 rely on the applicable provision that is most favourable to them in case of conflicting General Terms and Conditions.
If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or are annulled, the agreement and these conditions will otherwise remain in force 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 that are not regulated in these General Terms and Conditions must be assessed ‘in the spirit’ of these General Terms and Conditions.
Ambiguities regarding the explanation or content of one or more provisions of our conditions should be explained ‘in the spirit’ of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly 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 accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
The price including taxes;
Any shipping costs;
The way in which the agreement will be concluded and what actions are required for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
The level of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the communication method used;
Whether the agreement will be archived after conclusion, and if so, how the consumer can consult it;
The way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them within the framework of the agreement;
Any other languages in which the agreement can be concluded, in addition to Dutch;
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 distance contract in the event of a continuing performance contract.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
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.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can—within legal frameworks—inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, 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 visiting address of the entrepreneur’s establishment where the consumer can file complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about guarantees and existing after-sales service;
The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
For the delivery of products:
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer in advance and made known to the entrepreneur, receives the product.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model form or by means of another communication method, such as by email. After the consumer has indicated that they want to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of dispatch.
If the customer has not made known their wish to use the right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase becomes final.
For the delivery of services:
When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for a period of at least 14 days, starting on the day of concluding the agreement.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the maximum cost of return 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 14 days after withdrawal. The condition here is that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Repayment will be made via the same payment method used by the consumer unless the consumer expressly agrees to another payment method.
In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any reduction in the value of the product.
The consumer cannot be held liable for the reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
That have been created by the entrepreneur in accordance with the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That can quickly spoil or age;
The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
For loose newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal;
For hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
The delivery of which has begun with the express consent of the consumer before the reflection period has expired;
Relating to bets and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In derogation from the previous paragraph, the entrepreneur may offer 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 connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
These are the result of legal regulations or provisions; or
The consumer has the authority to terminate the agreement with effect from the day the price increase takes into force.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect 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 of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
The entrepreneur’s warranty period is for a life long duration of the product based on general usage of the product. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or have been treated contrary to the instructions of the entrepreneur and/or those on the packaging;
The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
The product is stolen or lost. We cannot replace parts that are no longer in your possession.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuing Performance Contracts: Duration, Termination, and Extension
Termination
The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
At any time and not be limited to termination at a specific time or in a specific period;
At least in the same way as they were entered into by them;
Always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the 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 for introductory purposes (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end 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 commencement of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months 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 foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer must first contact the entrepreneur. If the web store is affiliated with WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by WebwinkelKeur; the decision of this committee is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their 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 relate are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
The Vienna Sales Convention is not applicable.
Article 16 – Additional or Deviating Provisions
Additional provisions or provisions deviating 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.