General Terms & conditions

General Terms and Conditions Nazca-shop.nl

 

Contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Customers’ obligations in case of withdrawal
Article 8 - Precluding the right of withdrawal
Article 9 - The price
Article 10 - Guarantee
Article 11 - Delivery and implementation
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes


Article 1 - Definitions

The following definitions apply in these terms and conditions:

Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;

Withdrawal period: the period within which a consumer can make use of his right of withdrawal;

Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;

Day: calendar day;

Digital content: data that are produced and supplied in digital form;

Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;

Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;

Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period; only applicable within the EU.

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

Distance contract:: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;

Model form for right of withdrawal: : the European model form for right of withdrawal that is included in Appendix I of these terms and conditions.

Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.


Article 2 - Identity of the trader

Name: Nazca Ligfietsen V.O.F.
Trading name: Nazca Ligfietsen
Address: Dorpsstraat 67, 7948 BM, Nijeveen, The Netherlands
Telephone number: +31- 522-490266 (Tuesday to Friday 10h00 until 17h00)
E-mailaddress: info@nazca-ligfietsen.nl
Website: www.nazca-ligfietsen.nl
Chamber of Commerce: Meppel 06089717
VAT-number: NL808538639B01


Article 3 - Applicability

These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.

Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.

In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.


Article 4 - The offer

If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.

Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.


Article 5 - The contract

The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.

If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.

The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.

The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

    a. the office address of the trader’s business location where the consumer can lodge complaints;b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;c. information on guarantees and existing after-sales service;d. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;f. if the consumer has a right of withdrawal, the model form for right of withdrawal.


Article
6 - Right of withdrawal

When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days, this is only applicable within the EU. The period commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party.

To exercise the right of withdrawal, the consumer has to send a clear statement (by e-mail or letter) to the trader, before the end of the withdrawal period. For this statement Appendix I: ' 'Model form for right of withdrawal' can be used. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer. If a consumer exercises the right to dissolve a contract, the trader is obliged to return all payment to the customer, including the cost of delivery within the EU, within 14 days from the date of receipt of the withdrawal form. For the refund the same payment method as for the original transaction will be used, unless otherwise agreed upon in writing. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

The refund can be refused by trader until the returned products have been inspected after receipt, or until the customer has sent proof that the products have been returned.

The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging. It is advisable to return the products by insured shipment.

The consumer bears the direct costs of returning the product.


Article 7 - Consumers’ obligations during the withdrawal period

During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.

The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.


Article 8 - Precluding the right of withdrawal

The trader can preclude the right of withdrawal for the following products: products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person. These include, but are not limited to, the following products: cables, chains, chain tubes that have been shortened to a specified length.
Shippings outside of the EU.


Article 9 - The price

The prices indicated in the web-shop are sales prices including VAT, however, excluding shipping costs and import duties for countries outside the EU. The applicable shipping costs are for the consumer's account and will be calculated at the end of the order, in addition to the selected products.

The trader reserves the right to change the prices at any moment, but will deliver the products for the prices indicated in the web-shop, except for evident errors and mistakes and price changes in VAT-tariffs.

Prices for shipments outside the EU are the same as for shipments inside the EU.


Article 10 - Guarantee

The trader guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. The guarantee period is two years after the first delivery of the product. The trader will have the right to either repair or replace the product, when necessary after discussion with the original manufacturer of the product. Improper use and normal wear are not covered by the guarantee.

It is important that the consumer first contacts the trader in case of a defect or guarantee claim, you can do so by sending an e-mail to info@nazca-ligfietsen.nl. Within 48 hrs after receipt of your mail we will reply by e-mail.


Article 11 - Supply and implementation

The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

The place of delivery is deemed to be the address that the consumer makes known to the company.

Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 5 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge.

Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.

The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.


Article 12 - Payment

For the payment of the orderd products and services various payment-methods are offered: iDeal, PayPal, creditcard (Visa of Mastercard), V PAY, Maestro, IBAN Banktranfer, Bancontact / Mister cash, Rembours, cash (only for products collected in Nijeveen).
Depending on the payment method chosen, a delay in the delivery of the products of up to a few days can apply.

Orders will be processed as soon as the payment has been received in our account, until the payment has been received the consumer can not exercise any rights regarding the fulfilment of the order.

The online payment process is done by “Secure Socket Layer” security system in which data is encrypted before sending over the internet.

The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.


Article 13 - Complaints procedure

The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.

A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.

A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.

The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.


Article 14 - Disputes

Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.


Rights can only be derived on the basis of the Dutch version of these general terms and conditions.

 

 

 

 

 

Appendix I: Model form for right of withdrawal

 

(this form should only be completed and returned if you want to withdraw from the contract)

To: Nazca Ligfietsen. V.O.F.

Dorpsstraat 67

NL-7948 BM Nijeveen

The Netherlands

info@nazca-ligfietsen.nl


I herewith inform you that, in respect of our contract regarding the sale of the following products:

 



I exercise the right of withdrawal.

(Date of receiving goods)
(Your name)
(Your address)
(Your signature)


You can download this right of withdrawal form as a PDF-file.