Terms and Conditions
ARTICLE 1 - Definitions
In these conditions, the following definitions shall apply:
- Reflection period: The period within which the consumer makes use of his right of withdrawal;
- Consumer: the natural person who does not at in the exercise of profession or business and distance contract is concerned with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series op products and/or services, whose supple and/or purchase obligation is spread in time;
- Durable data carrier; any medium that enables the consumer or entrepreneur in information that is targeted to save him personally, in a way that future consultation and unaltered reproduction of the information stored;
- Right of withdrawal: the possibility for the consumer to obtain within the cooling-off time abandoning the distance contract;
- Entrepreneur: the natural or legal person who remotely products and/or services to consumers;
- Distance contract: an agreement whereby in the framework of an organized system by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract makes exclusive use of one or more mans of distance communication;
- Means of distance communication: medium that can be used for the conclusion of an agreement, without simultaneously in the same room that consumer and entrepreneur come together;
ARTICLE 2 – Identity of the entrepreneur
Name entrepreneur: April and May with brand name Byaprilandmay
Address: Jisperweg 92a 1464 NJ Westbeemster, Netherlands;
E-mail address: firstname.lastname@example.org
Chamber of commerce number: 37139762
TAX-identification number: NL1921.35.466.B01
ARTICLE 3 – Applicability
1. These general conditions apply to all offers of the entrepreneur and on every distance contract reached between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not possible, reasonably before the distance contract is concluded, will be indicated that the Generals conditions at the entrepreneur to see and they are at the consumer’s request as soon as possible be sent free of charge.
3. If the distance contract is concluded electronically, in derogation from previous paragraph and before the distance contract is concluded, the text of these general terms and conditions electronically will be made available to the consumer can be stored on a durable data carrier. IF this is not possible, reasonably before the distance contract is concluded, will be indicated where the general conditions may be electronically or otherwise will be sent free of charge.
4. In case in addition to these general terms and conditions also apply specific product or service conditions, is the second and third paragraph apply mutatis mutandis and the consumer in the event of conflicting general conditions increasingly rely on the applicable provision which is most beneficial for him.
ARTICLE 4 – The offer
1. If an offer has a limited validity and/or under conditions other expressly stated in the offer, this will be listed
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses these images a truthful representation of the offered products and /or services. Obvious mistakes or obvious errors in the supply bind the entrepreneur not.
3. Each offer contains such information that for the consumer clearly is what the rights and obligations, which are connected to the acceptance of the offer. This concerns in particular: − the price including taxes;
- any costs of delivery;
- the way in which the agreement will come and what actions are required;
- whether or not to apply the right of withdrawal;
- the arrangements for payment, delivery and implementation of the agreement;
- the deadline for acceptance of the offer, or the period within which the entrepreneur price guarantees;
- the height of the tariff for distance communication if the costs of using means of distance communication are calculated on a different basis than the regular basic fare for the means of communication used;
- or the agreement following the establishment is archived, and if so in what way is this to consult for the consumer;
- the way the consumer, for the conclusion of the agreement, provided by him in the framework of the agreement and restore data can check if desired;
- any other languages in which, in addition to the Dutch, the contract may be concluded;
- the codes of conduct to which the entrepreneur has subject and the way the consumer can consult these behavioral codes electronically;
- and the minimum duration of distance contract in the case of a costly transaction.
ARTICLE 5 – The agreement
1. the agreement, subject to the provisions in paragraph 4, to stand by the consumer at the time of acceptance of the offer and meet the conditions set.
2. If the consumer has accepted the offer electronically, confirms the entrepreneur electronically without delay the receipt of the acceptance of the offer. As long as the entrepreneur confirms the receipt, the consumer may terminate the agreement.
3. If the agreement electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transmission of data and he makes for a safe Web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures in eight.
4. the entrepreneur can – within legal frameworks – or the consumer to notify his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds on the basis of this research to the agreement not to go, he is entitled to refuse an order or request or motivated to implement special conditions.
5. The entrepreneur will be with the product or service to the consumer the following information, in writing or in such a way that the consumer in an accessible way can be stored on a durable data carrier, include:
a. The visiting address of the location of the entrepreneur which the consumer with consumer may address any complaints;
b. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear message concerning the excluded from the right of withdrawal;
c. The information about guarantees and existing service after purchase;
d. Paragraph 3 in article 4 of these conditions included data, unless the entrepreneur has provided this information to the consumer already before the implementation of the agreement;
e. The requirements for termination of the agreement if the agreement has duration of more than one year or for an indefinite period.
6. In the case of a transaction duration is the provision in the previous paragraph shall apply only to the first delivery.
ARTICLE 6 – Right of withdrawal
Upon delivery of products:
1. When purchasing consumer products has the ability to dissolve the agreement without giving any reason for at least fourteen days. This cooling-off period shall begin from the day of receipt of the product by the consumer or a designated in advance by the consumer and the entrepreneur publicized representative.
2. During the reflection period, consumers will carefully dealing with the product and the packaging. He will extract or use the product only to that extent as necessary in order to assess whether he wishes to retain the product. If he his right of withdrawal, he will the product with all included accessories and – if reasonably possible-in the original condition and packaging to return the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. See the faq.
ARTICLE 7 – Costs in case of revocation
1. If the consumer exercises his right of withdrawal, come not exceeding the cost of return to his account.2. If the consumer has paid an amount, the entrepreneur will send this amount as soon as possible. But no later than 30 days after the return or rescission, repay.
ARTICLE 8 – Exclusion right of withdrawal
1. The entrepreneur may exclude the right of withdrawal the consumer insofar as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur this clearly in the offer, at least in time for the conclusion of the agreement, mentioned.
2. Exclusion of the right of withdrawal is possible only for products:
a. Which were established by the entrepreneur in accordance with specifications of the consumer;
b. Which are clearly personal in nature;
c. Which by their nature cannot be returned;
d. Who can quickly spoil or aging;
e. Whose price is dependent on fluctuations in the financial market in which the entrepreneur has no influence;
f. For loose newspapers and magazines;
g. For audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. Relating to accommodation, transport, catering or leisure to carry on a certain date or during a certain period;
b. Whose delivery with express consent of the consumer is started before the cooling-off period has expired;
c. On betting and lotteries.
ARTICLE 9 – The price
1. During the period of validity indicated in the offer are the prices of the offered products and/or services are not increased, subject to price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur products or services whose prices are bound to fluctuations in the financial market and where the entrepreneur has no influence on, with variable prices offer. This bondage to fluctuations and the fact that possibly mentioned prices guide prices are listed in the offer.
3. Price increases within 3 months after the formation of the contract are allowed only if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the formation of the contract are only permitted if the entrepreneur has stipulated this and: a. These are the result of statutory regulations or provisions; or (b). The consumer has the power to terminate the agreement with effect from the day on which the price increase takes effect.
5. in the supply of products or services mentioned prices include TAX.
ARTICLE 10 – Conformity and warranty
1. The operator guarantees that the products and/or services meet the specifications listed in the offer, agreement, to the reasonable demands of reliability and/or usability and on the date of the establishment of the agreement existing legal provisions and/or Government regulations. If agreed, the entrepreneur also in that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not alter the legal rights and claims which the consumer under the agreement can assert against the entrepreneur.
ARTICLE 11 – Delivery and implementation
1. The entrepreneur will observe the greatest possible care when receiving and in the execution of orders of products and in the assessment of applications for granting of services.
2. The place of supply is the address that the consumer has notified to the company.
3. Taking into account what about this in article 4 of these general conditions is listed, the company accepted orders will speedily but at the latest within 30 days unless a longer delivery period is agreed to run. If the delivery delay, or if an order is not or only partially can be performed, this the consumer not later than 30 days after he receives the order has posted message. In that case, the consumer has the right to dissolve the agreement without any cost and right to compensation.
4. In the case of dissolution in accordance with the previous paragraph, the entrepreneur will be the amount which the consumer has paid as soon as possible, but no later than within 30 days after the dissolution, repay.
5. If delivery of a product ordered, the entrepreneur proves impossible will Endeavour to make available a replacement item. At the latest when the delivery will be reported in a clear and comprehensible manner that replacements article is delivered. When the right of withdrawal does not substitute items can be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rest with the entrepreneur to the moment of delivery to the consumer or a designated and publicized in advance to the entrepreneur representative, unless otherwise expressly agreed.
ARTICLE 12 – Duration transactions
1. The consumer may an agreement, which is entered into for an indefinite period of time to cancel this at any time in accordance with agreed rules and notice a notice period of not more than one month.
2. Has entered into an agreement that for some time has a maturity of up to two years. If it is agreed that silence of the consumer distance contract will be extended, the agreement will be continued as a contract for an indefinite period and will notice after continuation of the agreement up to one month.
ARTICLE 13 - Payment
1. Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 14 days after entering the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to grant a service, captures this term after the consumer has received the confirmation of the agreement.
2. In the sale of products to consumers in general conditions may never be more than a prepayment of 50%. When prepayment is stipulated, the consumer may assert no rights concerning the implementation of the relevant order or service (s), before the stipulated advance payment has occurred.
3. The customer has a duty to inaccuracies in or payment data provided referred without delay to the entrepreneur to sign up.
4. In the case of non-payment of the entrepreneur, the consumer has the right to change the subject to legal restrictions, expressed in advance to the consumer reasonable costs to charge.
ARTICLE 14 – Complaints scheme
1. The entrepreneur shall have a sufficient publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be within skilled time, fully and clearly defined shall be submitted to the entrepreneur, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur within a period of 14 days from the date of receipt Forum. If a complaint is a predictable longer processing time by the entrepreneur asks, within the term of 14 days replied with a message of receipt and an indication if the consumer can expect a more detailed reply.
ARTICLE 15 – Disputes
1. On agreements between the entrepreneur and the consumer, which these general conditions relate, is exclusively, Dutch law applies.
ARTICLE 16 –Additional or different terms
Additional derogations from these general conditions must not be to the detriment of the consumer and must be recorded in writing than in such a manner that this in an accessible way by the consumer can be stored on a durable data carrier.
ARTICLE 17 – Gift certificate
- These conditions apply to all gift certificates that are issued by Byaprilandmay.
- Each gift certificate is equipped with a unique code. This code is provided only once. You need to keep the gift certificate and the code carefully. In case of theft (including the use by unauthorized third parties of the code) or loss, a compensation will not take place. Only original gift certificates and codes can be used and must be provided on request to Byaprilandmay. Byaprilandmay reserves the right to accept a gift certificate only after receipt of the original code, in case of improper use, we will desire money instead.
- If you have an order that is cheaper than the value of the gift certificate (s), the remaining amount will be invalidated. The salvage value is not exchangeable for cash.
- Each gift certificate is valid for a certain period of time. After the expiration date, the gift certificate can no longer be redeemed . You can find the term on the gift certificate.
- Gift certificates issued by Byaprilandmay are solely redeemable to purchase for items that are sold on www.Byaprilandmay and are not redeemable for cash.
- Gift certificates cannot be used for open orders.
- If your order amount turns out to be higher in value than the value of the gift certificate redeemed, you need to pay this difference. Once the payment has been received your order will be processed.
- It is not permitted to modify, distort, to undermine or otherwise affect (including hacking) the gift certificate (s) or its functioning.
- Each (attempt to) fraud or other unauthorized act is registered and leads to being denied the use of gift certificates.
- Byaprilandmay is not liable for the operation of the gift certificate (s) and accepts no liability for damage caused by the use or inability to use the gift certificate (s). Exclusion of liability does not apply to damage, which is attributable to intent or gross negligence on the side of Byaprilandmay. In this case, the liability is limited to compensation for direct damage to persons or business.
- This gift certificates may change from time to time. We recommend you to consult the terms and conditions before each of a gift certificate. Should you remain using the gift certificate after entering the modified terms/conditions of the gift certificate, you automatically accept these modified terms and conditions of the gift certificate.
- You are able to redeem up to 5 gift certificates per order.