Valid from 01-01-2018 Version 2A<\/p>\n
Contains:
Article 1 – Definitions
Article 2 – Business identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of cancellation
Article 7 – Consumer’s obligations during cooldown period
Article 8 – Cancellation by the consumer and related costs
Article 9 – Business owner’s abligations at cancellation
Article 10 – Exclusion of cancellation
Article 11 – Price
Article 12 – Execution and extra guarantee
Article 13 – Delivery and execution
Article 14 – Extended transactions: duration, cancellation and extention
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or extraordinary provisions<\/p>\n
Article 1 – Definitions
These terms and conditions contain the following definitions:
1. Additional agreement: an agreement where the consumer obtains products
producten, digital content and\/or services related to a distance contract
whereby these products, digital content and\/or services are rendered by
the business owner or a third party, based on a mutual agreement between
third party and business owner;
2. Cool down period: the period during which the consumer can use his
right of cancellation;
3. Consumer: the private person who acts other than for business-,
company-, or professional activities;
4. Day: calender day;
5. Digital content: date produced and delivered in digital format;
6. Extended transaction: an agreement to regular delivery of products,
services and\/or digital content during a certain period of time;
7. Durable medium: any means – email included – that enables the
consumer or entrepreneur to store information addressed to him personally,
in such manner it can be accessed or used during a period of time,
customized for the intended purpose of it and which allows unedited
reproduction of this stored information;
8. Right of cancellation: the consumer’s right to cancel the extended agreement
within the cool down period;
9. Business owner: the sole propriatary or legal business entity that offers products, (access to)
digital content and\/or services at distance to consumers;
10.Distance contract: an agreement between business owner and consumer
based on an organized system for distant sales of products, digital content
and\/or services, whereby up til including closure of the agreement only one
or more communication techiques are used for communication at a distance;
11.Template form for cancellation: the website provides a template form
for the right of cancellation;
12.Technique for communication at distance: means that can be used to enter an agreement, without the requirement of business owner and consumer having to meet together in a
specific place.<\/p>\n
Article 2 – Business Identity<\/p>\n
Zo Trots Als Een Pauw \/\/ Altijd Anders! \/\/ In Rainbow
Boslaan 105
8253 AJ Dronten<\/p>\n
THE NETHERLANDS<\/p>\n
info@inrainbow.nl
0031653453783<\/p>\n
In Rainbow
Chamber of Commerce: 62593110
VAT: NL001656376B37<\/p>\n
Article 3 – Applicability
1. These terms and conditions are applicable to any offer by the business owner
and to each distance agreement between business owner and consumer.
2. Prior to accepting the agreement, the text of these terms and conditions are presented to
the consumer. If this is deemed impossible due to exceptional but reasonable circumstances,
the business owner will inform the consumer how these terms and conditions can be accessed
and reviewed, prior to entering and accepting the agreement.
3. In case of electronical entering of the agreement, in contrary of what is written under article 3, point 2,
and prior to acceptance of the agreement, the text of these terms and conditions
can be made available digitally in such a way that the consumer can easily store
them on any durable medium.
In case this is not possible within reason, prior to accepting the distance agreement, it will be
communicated how and where these terms and conditions can be accessed and reviewed digitally, as per the
request of the consumer digitally.<\/p>\n
Article 4 – The offer
1. In case of an offer limited in time or under certain conditions,
this is stated explicitely in the offer.
2. The offer contains a complete and accurate description of the products
offered, digital content and\/or services. The description is sufficiently detailed
to enable a proper review of the product by the consumer. In case the business owner
uses images, these are a truthful reflection of the offered products, services and\/or
digital content. Obvious omissions or errors in the offer do not legally bind the
the business owner.
3. Every offer contains information in such a way that it is totally clear to the consumer
what rights and obligations are involved with accepting the offer.<\/p>\n
Artikel 5 – The agreement
1. With prejudice of what is written under joncto 4, the agreement is entered by
acceptance of the offer by the consumer and meeting the required conditions to the offer.
2. In case of electronically acceptance of the offer by the consumer,
the business owner will electronically confirm the receipt and acceptance of the offer.
As long as receipt of the acceptance has not been confirmed by the business owner,
the consumer can cancel the agreement.
3. In case the agreement is entered electronically, the business owner will take sufficient
technical and organisational measures to secure the electronic transfer of data and ensures
a secure web environment.
In case of electronic (online) payment, the business owner will ensure a secure payment method.
4. The business owner can, within legal frameworks, investigate whether or not the consumer
will be able to meet payment obligations, or any other facts and circumstances
related to entering a distance agreement responsibily.
If, based on the outcome of such investigation, the business owner finds any reason
not to enter the agreement, he has the right of a motivated refusal of the order or
to enter it only under additional conditions.
5. The business owner provides the following information in writing or in such a way
that the consumer can store it in an easily accessible way, latest at delivery of product, service or digital
content:
a. visiting address of the business owner where the consumer can address any complaints;
b. the conditions for and the way to use the right of cancellation, or a clear statement
of exclusion of the right of cancellation.
c. information about warantees and after sales service;
d. the price including all taxes of the product, service and\/or
digital content; if applicable any delivery fees; and payment method, delivery or
execution of the distance agreement;
e. the conditions for cancellation of the agreement in case the agreement exceeds the
duration of one year or is infinite;
f. in case of the consumer’s right of cancellation, the template form in order to cancel.
6. In case of an extended transaction, point e only is applicable to the first delivery.<\/p>\n
Article 6 – Right of Cancellation
For products:
1. The consumer can cancel an agreement to purchase a product within a cool down period of
14 days, without any explanation for the cancellation. The business owner can ask for
the reason of cancellation, but can not enforce the provision of it.
2. The cool down period as per paragraph 1 starts one day after the consumer, or a third party
priorly authorised, who is not the distributor,
has received the product, or:
a. in case a consumer purchased multiple products in one order: the day on which the consumer,
or a priorly authorised third party, has received the last product.
The business owner, if clearly and properly communicated to the consumer prior to the order process,
has the right to refuse delivery of multiple products that have various delivery dates.
b. in case the delivery of a product consists of multiple shipments or parts:
the day on which the consumer, or a third party authorised by the consumer, has received
the final shipment or last part;
c. for extended agreements for regular delivery of products during a set time frame:
the day on which the consumer, or a third party authorised by the consumer, has
received the first product.
For services and digital content not delivered on a physical medium:
3. The consumer can cancel a service agreement and an agreement for delivery
of digital content not on a physical durable medium within 14 days without
any specific reason. The business owner may ask the consumer for the reason of
cancellation, but cannot enforce this.
4. The cool down period as per paragraph 3 starts the day following the entering of
the agreement.
An extended cool down period for products, services and digital content other than delivered
on a durable medium is provided at non information about the right of cancellation:
5. In case the business owner has not provided the consumer with the legally required information
about the right of cancellation or has not provided the template for cancellation, the cool down
period ends 12 months after expiration of the original cool down period, as per the previous
paragraphs of this article.
6. In case the business owner has provided the information as per the previous paragraph
to the consumer within 12 months after the starting date of the original cool down period,
the cool down period will expire 14 days after receipt of this information by the consumer.<\/p>\n
Article 7 – Consumer’s obligations during cool down period
1. During the cool down period the consumer will carefully handle the product and its
packaging. He will only unpack or use the product to the extend required to determine
the nature, features and functionality of the product. The consumer can only handle
and review the product as would be allowed in a physical store.
2. The consumer is held liable for depreciation of the product value to the extend
it exceeds handling the product other than as described under paragraph 1.
3. The consumer is not liable for depreciation of the product value if the business
owner has not provided all legally required information about the right of cancellation
prior to or at entering the agreement.<\/p>\n
Article 8 – Execution of the right of cancellation by the consumer and costs thereof
1. If the consumer applies their right of cancellation, he will notify this to the
business owner by completion and submitting the template for cancellation or in any
other irrevokable way, within the cool down period.
2. As soon as possible, but no later than within 14 days from the day following the
notification as per paragraph 1, de consumer will return the product or hands this over
to (a recipient authorised by) the business owner.
This is not required if the business owner has offered to collect the product himself.
The consumer has acted within the cool down period in case he returns the product before
expiration of the cool down period.
3. The consumer returns the product with all features that were part of the delivery,
if possible in the original packaging and state and in accordance with the reasonable
and clear instructions as per the business owner.
4. Risk and burden of proof of correct and timely execution of the right of cancellation
lies with the consumer.
5. The consumer carries the direct costs of returning the product.
If the business owner has failed to inform the consumer about these costs or has offered
to carry these costs himself, the consumer is freed of the obligation to carry these
costs of return shipment.
6. The consument does not carry the costs for complete or partial delivery of
digital content other than on a durable medium, if:
a. he has agreed explicitely, prior to delivery, with accepting abidance of the
agreement prior to expiration of the cool down period;
b. he has not acknowledged to lose his right of cancellation by agreeing with that; or
c. the business owner has neglected to confirm this statement of the consumer.
7. In case the consumer executes his right of cancellation, all other additional agreements
are voided by law.<\/p>\n
Article 9 – Business owners obligations at cancellation
1. If the business owner enables the electronical notification of cancellation by the consumer,
he will send a confirmation of receipt upon receipt of the notification of cancellation.
2. The business owner reimburses all payments made by the consumer, note, only in case of a
physical product,
3. Including any charged delivery costs by the business owner for the returned product, promptly
but no later than 14 days after receipt of the consumer’s notification.
Unless the business owner offers to collect the product himself, he may wait with reimbursement until
he has received the product himself, or until the consumer has delivered proof of return shipment,
where the earliest date of the two is applicable.
4. The businessowner will refund through the same payment method as used by the consumer, unless
the consumer agrees with a different payment method. The refund is without costs for the consumer.
5. If the consumer has chosen a more expensive methode of shipment than the cheapest standard
shipment method, the business owner is not required to reimburse the additional costs for shipment.<\/p>\n
Article 10 – Exclusion of the right of cancellation
The business owner has the right to exclude the following products and services from the right
of cancellation, but only if the business owner has explicitely stated this with the offer,
or at least prior to entering the agreement:
1. Products or services of which the price is related to fluctuations in the financial market
on which the business owner has no influence and that can occur within the cool down period.
2. Service agreements;
a. That commence within a cool down period of 14 days. As a guide the number of days up to the
start of the agreement is applied.
b. Services excluded from the right of cancellation. The business owner is to state this
at the purchase of these services.
3. Service agreements to facilitate accomodation, if a specific date or service period is part
of the agreement and other than for housing, transportation of goods, car rental services and
catering;
4. Agreements for recreative services, if a specific date or period of service is part of the
agreement;
5. Products or services customized as per the customer’s definitions,
that have not been pre-fabricated and which are fabricated based on an individual choice or
decision of the consumer, or who are clearly intended for a specific individual;
6. Products with a short expiration date or deteriorate quickly;
7. Sealed products that are unsuitable for returns for sanitary reasons and of which the seal
has been removed\/broken after receipt;
8. Products that, by nature have been mixed with other products;
9. Sealed audio-, video-recordings and computer equipment, of which the seal has been
removed\/broken after receipt;
10.Newspapers or magazines, with exception of subscriptions on these;
11.Delivery of digital content other than on durable media, but only if:
a. execution has started with explicit prior consent of the consumer; and
b. the consument has agreed to give up his right of cancellation with it.<\/p>\n
Article 11 – Price
1. During the offering period of the product and\/ or services
prices will not be increased, unless required by law as a result of
changes in VAT rates.
2. In deviation of the previous paragraph the business owner may offer products and\/or
services of which the price are directly related to fluctuations on the financial markets and
beyond the business owner’s influence, at a variable price.
The correlation with financial fluctuation and the fact that stated prices are an indication only,
are stated with the offer.
3. Price increases within 3 months after entering the agreement are only allowed
if they are a direct result of changes in legal laws or directives.
4. Price increases after 3 months after entering the agreement are only allowed if the
business owner has held the right hereto and:
a. they are the result of changes in laws or directives; or
b. the consumer has the right to cancel the agreement as per the day following the date as per
which the price increase is applied.
5. The prices in the offerings of products or services are excluding VAT.<\/p>\n
Article 12 – Execution of agreement and extra warrentee
1. The business owner ensures all products and\/or services meet the agreement,
the specifications as per the offer, fair demands of decency and usability and all legal
requirements as per the date of entering the agreement.
If agreed on the business owner also ensures the product is suitable for other than
standard usage.
2. An additional warrantee by the business owner, its supplier, producer or importer,
shall never limit the legal rights and entitlements of a consumer based on the entered
agreement incase the business owner has not kept his part of the agreement.
3. Additional warrantee implies each relationship of the business owner, its supplier,
producer or importer that comes with rights and entitlements other than required by law,
in case of failure of their part of the agreement.<\/p>\n
Article 13 – Delivery and execution
1. The business owner will carefully receive and process and\/or execute any order of
products and in executing requests of service rendering.
2. Address of delivery is the address as provided by the consumer to the business owner.
3. Considering what is stated in article 4 of these terms and conditions,
the business owner will execute accepted orders in orderly fashion, but no later than
within 30 days, unless a different delivery date has been agreed on.
In case of delay of delivery, or if a delivery can not or only partially be delivered,
the consumer will receive notification within 30 days after order date of the product.
In this case the consumer has the right to void the agreement without costs with
claim of damages.
4. The business owner will refund all payments made by the consumer upon cancellation as
per the previous paragraph.
5. The risk of loss or damaging of the products is for the business owner up till the
moment of delivery to the consumer or a previously authorised third party (and informing
the business owner of this authorisation), unless otherwise agreed on.<\/p>\n
Article 14 – Extended transactions: duration, cancellation and entension
Cancellation:
1. The consumer has the right to cancel an agreement for an indefinite period of time
and which is for regular delivery of products (including electricity) or services,
at all times, if according to the policy of cancellation and a cancellation period of
one month maximum.
2. The consumer has the right to cancel an agreement for a definite period of time
and which is for regular delivery of products or services, at all times towards the end
of the duration where the cancellation policies are met and a cancellation period
of one month maximum.
3. In case the consumer has an urgent reason to cancel a current agreement during the
contractual time frame, in agreement with the business owner (A.J. Hoogstede) article 18-2
can be applied.<\/p>\n
Article 15 – Payment
1. Unless otherwise specified in the agreement or any additional stipulations, all
amounts due by the consumer are to be paid within 14 days after start of the cool down
period, or in case of no cool down period, within 14 days after entering the agreement.
In case of a service agreement, the payment term starts on the day the consumer has
received the confirmation of the agreement.
2. Digital products and\/or services where the product is delivered in full, yet
payments in monthly instalments have been agreed on;
a. Have to be paid fully in all circumstances.
b. Are non refundable since all products have been delivered.
3. The consumer is obliged to communicate all discrepancies in provided or stated
payment details to the business owner.
4. In case of payments overdue, after having been reminded by the business owner and
granted an additional 14 days to settle payment, when payment is not received within
the additional 14 days, next to legal interest the following collection fees are due:
15% on overdue amounts up to \u20ac 2.500,=; 10% on the next \u20ac 2.500,= and 5% over the next \u20ac
5.000,= with a minimum of \u20ac 40,=. The business owner could apply different amounts
and percetages in favor of the consumer.
5. In case 3 monthly invoices are outstanding the business owner has the right to
block access to the socalled ‘backoffice\u2019.<\/p>\n
Article 16 – Complaints procedure
1. The business owner has a sufficiently communicated complaints procedure and
will handle all complaints in accordance herewith.
2. Complaints about the execution of the agreement must be communicated
to the business owner within reasonable time after the consumer has found
the maldeliveries, in full and clearly described.
2. Filed compliants with the business owner will be responded to within 14
days after receipt of the complaint. If a complaint requires a longer response period,
the business owner will inform the complaining consumer about this within 14 days
after receipt of the complaint and an indication of the estimated time for a more
extensive reply to the complaint is provided.
3. In case a complaint can not be handled within fair time, nor within 3 months
after the complaints have been submitted, a dispute arises that can be viable for the
dispute resolution.<\/p>\n
Article 17 – Disputes
1. To all agreements between business owner and consumer only under these terms and
conditions, only Dutch law is exclusively applicable.
Article 18 – Additional or extraordinary provisions
1. Additional or extraordinary provisions to these terms and conditions may never be
disadvantageous to the consumer and must be recorded in writing in such manner that
they can easily be stored on a durable medium by the consumer.
2. Only as per the business owner’s discretion it is possible to cancel an agreement
for a definite period of time by payment of the total business costs of 203 euro
excluding VAT. This extraordinary provision is only applicable to College products
and not for any other separate products. These business costs are due and must be
settled within 2 months after invoice date. ‘Vip and Pauw’ arrangements are exempt
for this article, if coaching and expert moments have already started and\/or completed.
In case of application of article 18-2 consumer’s ‘backoffice’ or the responding product
will be removed.<\/p>\n[\/et_pb_text][\/et_pb_column][et_pb_column type=”1_5″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][\/et_pb_column][\/et_pb_row][\/et_pb_section]\n","protected":false},"excerpt":{"rendered":"
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