General conditions

CONTENTS:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Scope of application

Article 4 - Offer

Article 5 - Agreement

Article 6 - Right to withdraw from the contract

Article 7 - Costs of withdrawal

Article 8 - Exclusion of the right to withdraw from the contract

Article 9 - Price

Article 10 - Compliance and warranty

Article 11 - Delivery and performance

Article 12 - Long-term transactions: period, notice and extension

Article 13 - Payment

Article 14 - Procedure for submitting complaints

Article 15 - Disputes

Article 16 - Additional or different provisions

ARTICLE 1 - DEFINITIONS

In these terms and conditions is meant:

Supplementary contract: a contract under which the consumer purchases products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of a contract between that third party and the entrepreneur;

Cooling-off period: the period during which the consumer may exercise his right of withdrawal;

Consumer: a natural person who does not act in the course of his business, professional or craft activity and enters into a contract with an entrepreneur;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Long-term transaction: an agreement for a series of products and/or services whose obligation to deliver and/or collect is spread over time;

Durable medium: any (ancillary) tool that enables a consumer or trader to store information addressed to him in a way that enables future viewing and unchanged reproduction of the stored information, including e-mail;

Right to withdraw from the contract: the possibility for the consumer to withdraw from the contract remotely during the cooling-off period;

Model form: a withdrawal form provided by the trader to the consumer, which can be completed by the consumer if he wishes to exercise his right of withdrawal;

Trader: a natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;

Distance contract: a contract under which a distance selling system operated by the trader uses exclusively one or more distance communication techniques with the consumer to conclude the contract;

Distance communication technique: a means that can be used to conclude a distance contract without the consumer and the entrepreneur being in the same place at the same time;

General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Entrepreneur name: Davam
Contact: info@davam.nl
Commercial Camera Number (KvK): On request
VAT identification number: On request

ARTICLE 3 - SCOPE OF APPLICATION

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  2. Before concluding a distance contract, the text of these general terms and conditions is made available to the consumer. If this is not possible, before concluding the distance contract, it will be indicated that the general terms and conditions are available from the entrepreneur, how they can be obtained and that, at the consumer's request, they will be sent to him immediately free of charge.
  3. In the event of concluding a distance contract electronically, instead of the provisions of section 2, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows it to be easily saved on a durable medium. If this is not possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent to him electronically or otherwise free of charge.
  4. If, in addition to these general terms and conditions, special terms and conditions for products or services apply, section 2 and 3, and in the event of conflict in the general terms and conditions, the consumer may always invoke the provision that is most favorable to him.
  5. If one or more provisions of these general terms and conditions are found to be invalid or invalid in whole or in part, the remaining provisions shall remain in force and the relevant provision that has been invalidated or is invalid will be immediately replaced by a provision that comes as close as possible to the purpose of the original provision.
  6. Situations not covered by these general terms and conditions will be assessed on the basis of these general terms and conditions.
  7. Any ambiguities as to the interpretation or content of one or more provisions of our terms and conditions shall be interpreted on the basis of these general terms and conditions.

ARTICLE 4 - OFFER

  1. If the offer has a limited period of validity or is subject to suspending or terminating conditions or any other clause specified therein, this will be expressly stated in the offer.
  2. The entrepreneur's offer is non-binding. The entrepreneur has the right to change and adapt the offer.
  3. The entrepreneur's offer includes a description of the products and/or services offered, which is always fully and accurately presented. The offer contains a sufficiently detailed description to enable the consumer to properly evaluate the offer. If the entrepreneur uses any images suggesting that the products shown are offered, they are an accurate reflection of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the entrepreneur.
  4. Product images are a faithful reflection of the products offered. However, the entrepreneur cannot guarantee that the colors displayed exactly correspond to the actual colors of the products.
  5. Each offer contains information that is clear to the consumer regarding the rights and obligations arising from accepting the offer. This applies in particular to:
  • prices, including taxes;
  • possible shipping costs;
  • how to conclude the contract and what actions are required for this purpose;
  • possible differences in the amount of the distance communication fee if the costs of using distance communication technology are charged on a basis other than the standard rate for the communication medium used;
  • whether the contract will be archived after conclusion and how it will be available to the consumer;
  • the minimum duration of the distance contract in the case of a long-term transaction;
  • application of the right to withdraw from the contract;
  • method of payment, delivery and execution of the contract;

ARTICLE 5 - AGREEMENT

  1. The contract is concluded, subject to the provisions of section 4, when the consumer accepts the offer and meets the conditions specified therein.
  2. If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may withdraw from the contract.
  3. If a contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure electronic data transmission and ensures a safe online environment. If the consumer can pay electronically, the trader will take appropriate security measures.
  4. The entrepreneur may, within the scope of legal provisions, check whether the consumer is able to meet his payment obligations, as well as all facts and factors relevant for the responsible conclusion of a distance contract. If, based on this examination, the entrepreneur has legitimate reasons not to conclude the contract, he has the right to justifiably refuse to place the order or to bind its performance with special conditions.
  5. The trader will provide the consumer with the following information, in writing or in a way that the consumer can easily record on a durable medium, at the latest at the time of delivery of the product, service or digital content:
  6. address of the entrepreneur's registered office, where the consumer can submit complaints;
  7. the conditions and manner of exercising the right of withdrawal by the consumer or an express statement on the exclusion of the right to withdraw from the contract;
  8. information about warranties and available after-sales service;
  9. the price, including taxes, of the product, service or digital content;
  10. delivery costs, if applicable;
  11. method of payment, delivery or performance of a distance contract;
  12. notice requirements if the contract has a duration of more than one year or is for an indefinite period;
  13. in the case of the right to withdraw from the contract, the withdrawal form.
  14. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - RIGHT TO WITHDRAW FROM THE CONTRACT

When delivering products:

  1. The consumer has the right to withdraw from the contract without giving a reason within 14 days of receiving the products.
  2. The withdrawal period begins on the day following receipt of the product by the consumer or a person authorized by the consumer and notified to the entrepreneur.
  3. The intermediary's warranty period is the same as the manufacturer's warranty period. However, the intermediary is not responsible for the final use of the products for individual use by the purchaser, nor for any advice regarding the use or application of the products.

    In the event of a warranty complaint, the Agent will decide on replacement or repair. In the event of an exchange, the customer undertakes to return the replaced article to the Agent.

    The warranty does not apply if:

    - the customer has repaired or modified the delivered products himself or has had them repaired or modified by a third party;

    - the delivered products have been exposed to unusual conditions or have been otherwise treated inappropriately or in accordance with the Intermediary's instructions regarding treatment or packaging;

    - the defect is wholly or partly the result of regulations issued or issued by the authorities regarding the type or quality of the materials used;

    - Hygiene products cannot be returned and refunded, especially in the current COVID-19 conditions. List of hygiene products that cannot be returned and refunded: underwear, bikinis, makeup, hair styling products, body products, cosmetic products, etc. This list is prepared with all rights reserved and without any adverse attribution.

BASIS FOR RETURNS

If you cancel the contract and return it to us within 14 days of receiving your order, you will receive a refund for the purchased product within 5 business days.

We will refund you for the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any case we do not bear the costs for this refund.

Please note: If you paid by credit card, the refund may not appear on your credit card statement until the end of the month/period.

If:

  1. the consumer has ordered several products in one order, the consideration period starts from the day the consumer, or a third party indicated by him, receives the last product. The trader may, provided he clearly informs the consumer before the ordering process, refuse to order several products with different delivery times.
  2. the supply of the product consists of different shipments or parts, the consideration period starts from the date of receipt by the consumer, or a third party designated by him, of the last shipment or part;
  3. the contract concerns the regular delivery of products for a specified period, the consideration period starts from the date the consumer, or a third party designated by him, receives the first product.

For digital services and content delivered on a non-tangible medium:

  1. If the contract for the provision of services or the contract for the supply of digital content is not delivered on a tangible medium, the consumer has the right to withdraw from the contract without giving a reason within fourteen days from the date of conclusion of the contract.

Extended consideration period for products, services and digital content delivered on a non-tangible medium in the absence of information about the right to withdraw from the contract:

  1. If the trader has not provided the consumer with the legally required information regarding the right of withdrawal or the withdrawal form within twelve months from the end of the initial consideration period established in accordance with the previous paragraphs of this article, the consideration period expires twelve months after the end of the initial consideration period.
  2. If the trader has provided the consumer with the information specified in the previous paragraph within twelve months from the start date of the original consideration period, the consideration period will expire fourteen days after the date on which the consumer receives that information.
  3. During the consideration period, the consumer will use the product and packaging carefully. Will unpack or use the product only to the extent necessary to determine whether he or she wishes to keep the product. If he decides to exercise his right of withdrawal, he will return the product with all attached accessories and - if reasonable - in its original condition and packaging in accordance with the trader's reasonable and clear instructions.
  4. If the consumer wants to exercise the right to withdraw from the contract, he is obliged to submit a declaration within 14 days of receiving the product from the entrepreneur. The consumer may submit a declaration via the withdrawal form. After submitting the declaration of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were sent back on time, for example by confirming shipment.

ARTICLE 7 - COSTS OF WITHDRAWAL FROM THE CONTRACT

  1. When the consumer exercises the right to withdraw from the contract, the costs of return are borne by the consumer.
  2. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, under the same conditions as those used by the consumer. Confirmation of receipt of the return by the online retailer or effective proof of complete return is required.
  3. If the product is damaged due to careless use, the costs are borne by the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right to withdraw from the contract. This should be done before concluding the contract.

ARTICLE 8 – EXCLUSION OF THE RIGHT TO WITHDRAW

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur clearly informs about it in the offer, at least in good time before the conclusion of the contract, and concerns one of the products listed in sections 2 and 3.
  2. The exclusion is only possible for the following products:
  3. that have been made by the trader according to the consumer's specifications;
  4. that are clearly personalized;
  5. which may deteriorate or age quickly;
  6. the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
  7. for individual newspapers and magazines;
  8. for audio and video recordings and computer software whose seal has been broken by the consumer;
  9. for hygiene products whose consumer has broken the seal. Hygiene products cannot be returned and refunded, especially during the current COVID-19 period. List of hygiene products that cannot be returned and refunded (list is not exhaustive): underwear, bikini, makeup, hair styling products, cosmetic products, etc.
  10. Disabling is only possible for the following services:
  11. relating to accommodation, transport, restaurant activities or leisure activities provided on a specific date or during a specific period;
  12. whose delivery began with the consumer's consent before the withdrawal period expired;
  13. regarding betting and lotteries.

ARTICLE 9 - PRICE

  1. During the validity period of the offer, the prices of the offered products and/or services will not be increased, except for changes in VAT rates.
  2. In derogation from the previous point, the entrepreneur may offer products or services whose prices are dependent on fluctuations in the financial markets and over which he has no influence, in the form of variable prices. This dependence on fluctuations and the fact that any prices indicated are approximate prices are stated in the offer.
  3. Price increases within 3 months of concluding the contract are only permitted if they result from legal provisions or provisions.
  4. Price increases from 3 months after conclusion of the contract are only allowed if the entrepreneur has agreed and:
    1. they are the result of legal provisions or provisions; or
    2. the consumer has the right to terminate the contract from the date on which the price increase enters into force.
  1. The prices given in the offer of products or services are included in gross prices.
  2. 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 composition errors, the entrepreneur is not obliged to deliver the product at an incorrect price.

  3. Special additional customs and/or import duties are not included in the price and are borne by the customer.

ARTICLE 10 - WARRANTY AND COMPLIANCE

  1. The entrepreneur ensures that the products and/or services meet the terms of the contract, the specifications set out in the offer, the relevant quality and/or usability requirements and the legal provisions and/or government orders in force on the date of conclusion of the contract. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal.
  2. The warranty granted by the entrepreneur, manufacturer or importer does not affect the rights and statutory claims of the consumer under the contract against the entrepreneur. This includes any obligation of the trader, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims which go beyond what he is obliged to do by law in the event of his failure to perform his part of the contract.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks from the date of delivery. Products must be returned in their original packaging and intact.
  4. The warranty does not cover cases where:
  5. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  6. The delivered products have been exposed to unusual conditions or have been treated inappropriately or contrary to the trader's instructions and/or the recommendations on the packaging;
  7. The deficiencies are wholly or partly the result of statutory regulations or government-imposed regulations relating to the nature or quality of the materials used.
  8. Hygiene products cannot be returned or refunded, especially in the current COVID-19 environment. List of hygiene products that are non-returnable and non-refundable (list is not exhaustive): underwear, bikini, makeup, hair styling products, beauty products, etc.

ARTICLE 11 - DELIVERY AND PERFORMANCE

  1. The entrepreneur will exercise the utmost care when receiving orders for products and assessing applications for the provision of services and in their implementation.
  2. The place of delivery is the address that the consumer has provided to the company.
  3. Subject to the provisions of section 4 of this Article, the entrepreneur will process accepted orders immediately, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. In the event of a delay in delivery or the impossibility or only partial fulfillment of the order, the consumer will be informed about this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract without incurring costs. The consumer has no right to receive compensation.
  4. All delivery times are approximate. The consumer cannot derive any rights from them. Exceeding the delivery deadline does not give the consumer the right to compensation.
  5. In the event of termination of the contract in accordance with section 3 of this Article, the entrepreneur will refund the amount paid to the consumer as soon as possible, but no later than within 14 days from the date of termination of the contract.
  6. If delivery of the ordered product proves impossible, the entrepreneur will endeavor to ensure the availability of a replacement product. When a replacement product is supplied, it will be clearly and understandably indicated that a replacement product is being supplied. In the case of substitute products, the right to withdraw from the contract cannot be excluded. The costs of any return are borne by the entrepreneur.
  7. The risk of damage and/or loss to the products rests with the trader until they are delivered to the consumer or to the trader's designated known representative, unless expressly agreed otherwise.

ARTICLE 12 - LONG-TERM TRANSACTIONS: DEADLINE, EXPENSE. AND EXTENSION

Notice

  1. The consumer may terminate a contract concluded for an indefinite period and relating to the regular supply of products (including electricity) or the provision of services at any time, in accordance with the termination rules established for this purpose and with a notice period of maximum one month.
  2. The consumer may terminate a contract concluded for a fixed period and relating to the regular supply of products (including electricity) or the provision of services at any time, no later than the end of the specified period, in accordance with the termination rules established for this purpose and with a notice period of maximum one month.
  3. The consumer may terminate the contracts listed in the previous paragraphs:
    1. at any time and is not limited to termination on a specific date or period;
    2. at least on the same terms on which they were concluded;
    3. at any time, with the same notice period that the entrepreneur has set for himself.

Extension

  1. A contract concluded for a fixed period and relating to the regular supply of products (including electricity) or the provision of services cannot be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, a contract concluded for a fixed period for the regular supply of daily newspapers, weekly magazines and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended contract at the end of the extension period with a notice period of not more than one month.
  3. A contract concluded for a fixed period and relating to the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer has the right to terminate it at any time with a notice period of not more than one month and with a notice period of not more than three months if the contract concerns regular deliveries of dailies, weeklies and magazines, but less than once a month.
  4. The contract of limited duration for the regular delivery of daily newspapers, weeklies and magazines (trial or preview subscription) will not be tacitly extended and will end automatically after the trial or preview period.


Time

  1. If the contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of not more than one month, unless legitimate fair and equitable reasons preclude termination before the expiry of the agreed period.

ARTICLE 13 - PAYMENTS

  1. Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days from the beginning of the withdrawal period referred to in Article 6(1). 1. In the case of a contract for the provision of a service, this period begins after the consumer receives confirmation of the contract.
  2. The consumer is obliged to immediately report any inaccuracies in the payment details provided or provided to the entrepreneur.
  3. In the event of default in payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the consumer reasonable costs of which he has previously informed.
  4. The consumer can pay using the following payment methods: iDeal, Bancontact, Klarna, KBC/CBC, Belfius Direct Net and credit card (AMEX, Mastercard, Maestro and Visa).

 

ARTICLE 14 - COMPLAINT PROCEDURE

  1. The entrepreneur has a sufficiently accessible complaints procedure and follows it in the event of a complaint.
  2. Complaints regarding the performance of the contract must be reported to the entrepreneur in due time after detecting defects, in a full and clearly described manner.
  3. Complaints reported to the entrepreneur are considered within 14 days from the date of receipt. If the complaint requires a predictably longer processing time, the entrepreneur responds within 14 days from the date of receipt with information about its receipt and an indication of when the consumer can expect a more detailed response.
  4. If a complaint cannot be resolved by agreement, a dispute arises which is subject to the dispute resolution procedure.

ARTICLE 15 - DISPUTES

Contracts between entrepreneurs and consumers to which these general terms and conditions apply are exclusively governed by Dutch law.

ARTICLE 16 - ADDITIONAL PROVISIONS OR WAIVERS

Additional provisions or derogations from these general terms and conditions must not be to the detriment of the consumer and must be established in writing or in such a way that the consumer can keep them accessible on a durable data medium.

SAMPLE WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract

— To:

company name

Address

Zip code

E-mail adress

Phone number

— I/We (*) hereby inform/inform (*) that I/we withdraw (*) from the contract concluded for the sale of the following goods/provision of the following service (*):

— Ordered on (DD-MM-YYYY):​​​

- Order number:

— Received on (DD-MM-YYYY):

— Name(s) of the consumer(s):

— Address of consumer(s):

— IBAN account number:

— Signature of the consumer(s) (only if the form is submitted on paper):

— Date (DD-MM-YYYY):

(*) Please delete what is not applicable.