Terms and Conditions

TERMS AND CONDITIONS

General terms and conditions and warranty provisions of Actie Store.nl, including all subsidiaries and websites that operate under the flag of Actie Store.nl.

Table of contents:

Article 1 - Definitions Article 2 - Identity of the entrepreneur Article 3 - Applicability Article 4 - The offer Article 5 - Conclusion of the agreement Article 6 - Right of withdrawal Article 7 - Obligations of the consumer during the cooling-off period Article 8 - Exercise of the right of withdrawal by the consumer consumer and the costs thereof Article 9 - Obligations of the entrepreneur in the event of withdrawal Article 10 - Exclusion of the right of withdrawal Article 11 - The price Article 12 - Compliance and additional warranty Article 13 - Delivery and execution Article 14 - Duration transactions: duration, cancellation and extension Article 15 - Payment Article 16 - Complaints procedure Article 17 - Dispute resolution Article 18 - Additional or deviating provisions Article 19 - Force majeure Article 20 - Intellectual property Article 21 - Personal data Article 22 -23 Miscellaneous Article 24 - Copyright.

Article 1 - Definitions

In these conditions the following definitions apply:

Additional agreement: An agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.

Reflection period: The period within which the consumer can exercise his right of withdrawal.

Consumer: A natural person who is not acting for purposes related to his trade, business, craft or profession.

Day: A calendar day.

Digital content: Data produced and delivered in digital form.

Duration agreement: An agreement that extends to the regular delivery of goods, services and/or digital content during a certain period.

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 allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information.

Right of withdrawal: The consumer's option to cancel the distance contract within the cooling-off period.

Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.

Distance contract: An agreement concluded between the entrepreneur and the consumer in the context 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. made of one or more techniques for remote communication.

Model withdrawal form: The European model withdrawal form included in Appendix I of these conditions.

Remote communication technology: A means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Action Store

Phone number: 0650705621 (available from Monday to Friday from 9:00 am to 5:00 pm)
Chamber of Commerce number: 62374761
VAT identification number: NL002414127B57

If the entrepreneur's activity is subject to a relevant licensing system, details of the supervisory authority can be found below:

[Supervisory authority details]

If the entrepreneur practices a regulated profession, the relevant information follows:

Professional association or organization: [Professional association or organization]
Professional title and place of award in the EU or the European Economic Area: [Professional title and place]
Reference to the applicable professional rules in the Netherlands and instructions for accessing these rules: [Professional rules in the Netherlands]

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded 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, 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 consumer's request.
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 it can be read by the consumer. can be easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis. In the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on 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 execution.
The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. The visiting address of the entrepreneur's branch where the consumer can go with complaints;

b. 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;

c. The information about warranties and existing after-sales service;

d. The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;

e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may not oblige him to state his reasons.
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

a. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.

b. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;

c. In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

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

The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may not oblige him to state his reasons. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal in a timely manner, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article. If the entrepreneur provides the information within this period, the cooling-off period expires 14 days after receipt of this information by the consumer.

Exception:

The right of withdrawal is reserved for consumers. If the purchase is of a business nature or takes place as a business customer, this right does not apply. Business orders include all custom orders, such as larger quantities.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product, as he would do in a store.
The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is the entrepreneur. amount due that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
- the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
- prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
- he has not acknowledged that he loses his right of withdrawal when granting his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The entrepreneur reserves the right to exclude the following products and services from the right of withdrawal, but only if this is clearly stated in the offer, at least in time before concluding the agreement:

Products or services subject to financial market fluctuations : Products or services whose price is subject to fluctuations in the financial market, over which the entrepreneur has no control and which may occur within the withdrawal period.
Agreements concluded during a public auction : Agreements concluded during a public auction, where products, digital content and/or services are offered to consumers present in person under the direction of an auctioneer, and where the successful bidder is obliged to sell the products, digital content and/or to purchase services.
Service agreements after full performance : Service agreements where the service has been fully performed after the consumer's express prior consent, and where the consumer has declared that he will lose his right of withdrawal after full performance of the agreement.
Accommodation agreements : Agreements for the provision of accommodation with a specific date or period of performance, other than for residential purposes, freight transport, car rental services and catering.
Leisure-related agreements : Leisure-related agreements with a specific date or period of execution.
Products manufactured to consumer specifications : Products manufactured to consumer specifications that are not prefabricated and are clearly intended for a specific person.
Perishable products : Products that spoil quickly or have a limited shelf life.
Sealed products for health protection : Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
Irrevocably mixed products : Products that are irrevocably mixed with other products after delivery.
Alcoholic drinks with delivery conditions : Alcoholic drinks for which delivery can only take place after 30 days and whose actual value depends on market fluctuations over which the entrepreneur has no influence.
Broken seal of audio, video recordings and computer software : Sealed audio, video recordings and computer software of which the seal has been broken after delivery.
Newspapers, periodicals or magazines : Newspapers, periodicals or magazines, with the exception of subscriptions thereto.
Digital content without a material medium after start of performance : Delivery of digital content other than on a material medium, if the performance has started with the express prior consent of the consumer and the consumer has declared that he thereby loses his right of withdrawal.

The right of withdrawal is exclusively reserved for consumers. Business customers cannot cancel their purchase.

Article 11 – The price

Price stability within validity period : During the validity period stated in the offer, the prices of the products and/or services offered remain unchanged, except in cases of price changes due to changes in VAT rates.
Variable prices on the financial market : In some cases, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. In such cases variable prices may be used. The subject to fluctuations and the nature of any prices stated as target prices are clearly stated in the offer.
Permitted price increases : Price increases within 3 months after concluding the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases after 3 months : Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has explicitly stipulated this and: a. they result from legal regulations or provisions; or b. the consumer has the right to cancel the agreement from the day on which the price increase takes effect.
Including VAT : The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with agreement and additional warranty

Conformity and soundness : The entrepreneur guarantees that the delivered products and/or services comply with the agreement, the specifications stated in the offer, as well as reasonable requirements of soundness and usability, and the applicable legal requirements and government regulations at the time of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Extra guarantee : Any extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer does not affect the legal rights and claims that the consumer has under the agreement in the event of shortcomings by the entrepreneur.
Definition of extra guarantee : An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or manufacturer whereby specific rights or claims are granted to the consumer that go beyond the legal obligations, should the entrepreneur fail to fulfill his part of the obligations. the agreement.

Article 13 – Delivery and execution

Careful execution : The entrepreneur will exercise the utmost care when receiving orders for products and when carrying out service requests.
Place of delivery : The place of delivery is the address provided by the consumer to the entrepreneur.
Execution period : The entrepreneur will execute accepted orders as soon as possible, but no later than within 30 days, unless otherwise agreed. If there is a delay in delivery or if an order cannot be fully fulfilled, the consumer will be informed of this within 30 days of placing the order. In that case, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.
Refund upon termination : Upon termination of the agreement as described in the previous paragraph, the entrepreneur will immediately refund the amount paid to the consumer.
Risk of damage or loss : The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-appointed representative, unless otherwise agreed

Article 14 – Duration transactions: duration, cancellation and extension

Termination:

Agreement for an indefinite period: The consumer can at any time cancel an agreement that has been entered into for an indefinite period and which aims to regularly supply products (including electricity) or services. He must observe the agreed cancellation rules and a notice period of a maximum of one month.
Fixed-term agreement: The consumer can terminate an agreement that has been entered into for a fixed period and which aims to regularly supply products (including electricity) or services at the end of the fixed period. He must follow the agreed cancellation rules and a notice period of maximum one month.
Conditions for cancellation: The consumer may cancel these agreements at any time without any restrictions on timing or period. He must be able to give notice of termination in the same manner as the manner in which the agreement was entered into and with the same notice period as stipulated by the entrepreneur.

Extension:

A fixed-term agreement that aims to regularly supply products (including electricity) or services may not be tacitly extended or renewed for a specific period.
There is an exception for daily, news, weekly newspapers and magazines: these can be tacitly extended for a maximum of three months, but the consumer must be able to cancel the extended agreement at the end of the extension with a notice period of up to one month.
A fixed-term agreement that aims to regularly deliver products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of up to one month. If the agreement delivers products less than once a month, the notice period can be a maximum of three months.
A trial or introductory subscription for daily, news and weekly newspapers and magazines is not 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 may terminate the agreement at any time after one year with a notice period of up to one month, unless this is contrary to reasonableness and fairness.

article 15

Payment Terms and Prepayment

The consumer must pay the amounts due within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement, unless otherwise stated in the agreement or additional conditions. For agreements to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
In accordance with the law, when selling products to consumers, the consumer may not be obliged to pay in advance more than 50% of the total amount. If advance payment has been stipulated, the consumer cannot assert any rights with regard to the execution of the order or services before the agreed advance payment has been made.
The consumer has the responsibility to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not meet his payment obligations on time after the entrepreneur has informed him of the late payment and has granted him a period of 14 days in which to still meet his payment obligations, the consumer owes statutory interest on the amount still due. In addition, the entrepreneur is entitled to charge extrajudicial collection costs. These costs are capped as follows: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur reserves the right to deviate from these amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

The entrepreneur must have a clearly published complaints procedure and must handle complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable period after the consumer has discovered the defects.
The entrepreneur must respond within 14 days of receiving the complaint. If more time is needed to process the complaint, the entrepreneur must send a confirmation of receipt within this period of 14 days and indicate when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting it, a dispute arises that can be submitted to a dispute resolution procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements regarding products and services to be delivered or delivered by the entrepreneur can be submitted to the Webshop Disputes Committee, located in The Hague.
The Disputes Committee will only handle a dispute if the consumer has first submitted the complaint to the entrepreneur within a reasonable period.
A dispute must be submitted to the Disputes Committee in writing no later than twelve months after it arose.
If the consumer chooses to submit a dispute to the Disputes Committee, the entrepreneur must agree to this. If the entrepreneur chooses to submit the dispute to the court, the consumer must indicate whether he agrees to this within five weeks of a written request from the entrepreneur.
The Disputes Committee makes its decision in accordance with the conditions set out in its regulations. The decisions of the Disputes Committee are binding.
The Disputes Committee will not handle a dispute or will stop handling it if the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has terminated his business activities before the dispute has been handled by the committee and a final decision has been made.

Article 18 – Additional or deviating provisions

Any additional or deviating provisions compared to these general terms and conditions must not disadvantage the consumer and must be recorded in writing or stored on a durable data carrier in an accessible manner.

Article 19 - Force majeure

19.1 In situations of force majeure, Voordeeldrogisterij.nl is not obliged to fulfill its obligations towards the customer. During the period of force majeure, the obligations will be suspended.

19.2 Force majeure means any situation over which Voordeeldrogisterij.nl has no control, which prevents the fulfillment of its obligations towards the customer in whole or in part. Examples of this include strikes, fire, business disruptions, energy disruptions, delayed deliveries from suppliers or other third parties involved, and the lack of required government permits. Disruptions in (telecommunications) networks, connections or communication systems used, and the unavailability of the website are also considered to be force majeure.

Article 20 - Intellectual property

20.1 The customer acknowledges that all intellectual property rights relating to information, communications or other expressions about the products and/or the website belong to Voordeeldrogisterij.nl, its suppliers or other rights holders.

20.2 Intellectual property rights include patent rights, copyrights, trademark rights, drawing and model rights, and other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts.

20.3 The customer is not permitted to use or change the intellectual property rights as described in this article without the express written permission of Voordeeldrogisterij.nl, its suppliers or other rights holders, unless this is purely for private use in relation to the product itself.

Article 21 - Applicable law and competent court

22.1 All offers and agreements are exclusively governed by Dutch law.

22.2 The Vienna Sales Convention is expressly excluded.

22.3 All disputes arising from or related to offers from Actie Store or agreements concluded with Actie Store will be submitted to the competent court in Alkmaar, unless the law expressly designates another court as competent.

Article 22 - Miscellaneous

22.1 Correspondence regarding an agreement or these General Terms and Conditions should be addressed to Actie Store, Postbus 1024, 8001BA Zwolle, or to the e-mail address as indicated on the website (via contact).

22.2 Promotion Store strives to respond to emails received within one working day.

22.3 Colors and/or images may differ from the original.

22.4 During the ordering process you are requested to check the delivery address. Actie Store cannot be held liable for orders not received as a result of incorrect address information.

Article 23 - Copyright

23.1 The content and images on Actie Store are fully owned by Actie Store under Dutch law. Copying, reproducing or publishing any part of the website is not permitted without written permission.

23.2 Materials on the Actie Store websites are the sole property of Actie Store. Third parties may not download material for commercial purposes and may not claim copyright in the material.

23.3 Actie Store accepts no liability for damage resulting from the use of information on this website. The use of the information is entirely at your own risk.

23.4 The information on this website is not medical advice and does not provide diagnosis or treatment. For medical questions, a doctor or other qualified healthcare provider should always be consulted.