General Terms And Conditions

Terms and Conditions
 
Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and Warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or derogatory provisions

Article 1 - Definitions
These terms and conditions include:
 Prayer period: The term within which the consumer can use his right of withdrawal;
Consumer: The natural person who does not act in the exercise of occupation or business, and a distance contract with the entrepreneur;
Day: calendar day;
Duration Transaction: A remote agreement with respect to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;
Sustainable data carrier: any means that allows the consumer or entrepreneur to store information that is personalized to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for consumers to refrain from the distance agreement within the time frame
Model Form: The Model Form for Revocation that provides the Entrepreneur who can fill a consumer when he wishes to use his right of withdrawal.
Entrepreneur: The natural or legal person who offers products and / or services to consumers at a distance;
Remote Agreement: an agreement whereby only one or more remote communication techniques are used in the context of a system for distance selling products and / or services from the entrepreneur until the conclusion of the agreement;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously in the same space.
Terms and Conditions: The present Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur
Philip Crochet

Henisstraat 121
B-3700 Tongeren
+32 (0) 12 22 77 70
Info@cubicenter.eu
VAT Identification Number: BE0859055556
 
If the activity of the entrepreneur is subject to a relevant licensing system: the
Data on the supervisory authority:
 
If the entrepreneur exercises a regulated profession:
The professional association or organization in which he is affiliated;
The job title, place in the EU or European Economic Area where it has been granted;
A reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.

Article 3 - Applicability
These terms and conditions apply to any offer of the entrepreneur and to any established agreement on distance and orders between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible.
If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer A simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise by the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him Is.
If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the Agreement and these Terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that extends Of the original as far as possible.
Situations that are not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.
Uncertainties about the explanation or content of one or more terms of our terms should be explained to the spirit of these terms and conditions.

Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer is free of charge. The entrepreneur is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
Images on products are a true and fair view of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the true colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
The price including taxes;
The possible shipping costs;
The manner in which the agreement will be established and what action is required for this purpose;
Whether or not it applies to the right of withdrawal;
The manner of payment, delivery and execution of the agreement;
The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the size of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
Any other languages ​​in which, in addition to the Dutch, the agreement can be concluded;
The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and
The minimum duration of the remote agreement in case of a long-term transaction.
Optional: Available sizes, colors, types of materials.

Article 5 - The agreement
The agreement shall, subject to the provisions of paragraph 4, be reached at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur can, within legal frameworks, inform whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to impose special conditions on the execution.
The business owner shall provide the consumer with the product or service to the consumer the following information, 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 business owner's location where the consumer is entitled to complaints;
B. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
C. The information about guarantees and existing post-purchase service;
D. The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
e. The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of withdrawal
When delivering products:
When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons for 14 days. This term will expire on the day after receipt of the product by the consumer, or a representative appointed by the consumer and notified to the entrepreneur. If the consumer is absent from the delivery of the product, the commencement date begins. The delivery date is applicable in this case.
During the bedtime, consumers will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether he wishes to maintain the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to withdraw his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the product. To inform the consumer through the model form. After the consumer has announced that he wishes to withdraw his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in time, for example by means of proof of shipment.
If, after expiry of the periods mentioned in paragraphs 2 and 3, the customer has not disclosed that he wishes to withdraw his right of withdrawal or resignation. The product has not returned to the entrepreneur, the purchase is a fact.
On delivery of services:
When providing services, the consumer has the opportunity to dissolve the agreement without giving reasons for at least 14 days, starting on the date of entering into the contract.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur for the offer and / or appearance at the time of delivery.

Article 7 - Costs in case of revocation
If the consumer makes use of his right of withdrawal, the reimbursement costs will be at the highest.
If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition that the product has already been received is subject to consultation by the web shop or closing proof of complete return.
 
Article 8 - Exclusion of right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
A. Made by the entrepreneur in accordance with the specifications of the consumer;
B. On IBC barrels, stands;
C. Products ordered for the customer and their numbers;
D. Which have been used by the customer;
e. Whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
F. For used products;
G. For products whose consumer has broken the seal
H. For hygienic products whose consumer has broken the seal or packaging.
Exclusion of the right of withdrawal is only possible for services:
A. To provide accommodation, transport, restaurant or leisure activities on a particular date or during a specified period;
B. Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
C. Regarding bets and lotteries.
D. Deliveries outside EU countries;

Article 9 - The price
During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur is not affected by variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stated this and:
A. These are due to statutory regulations or provisions; or
B. The consumer has the power to cancel the agreement as of the date of the price increase.
The prices mentioned in the offer of products or services include VAT. Except for the products with the mention "prices from" and the shipping prices of the barrels are prices excl. VAT. Only to order.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of pressure and error errors. In case of errors and mistakes, the entrepreneur is not obliged to deliver the product according to the wrong price.

Article 10 - Conformity and Warranty
The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
Any defects or defective products must be reported in writing within X days / weeks after delivery to the entrepreneur. Returns of the products must be done in the original packaging and in a state of the art.
The entrepreneur's warranty period corresponds to the factory warranty term. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and / or processed the products themselves or has been repaired and / or edited by third parties;
The products delivered to abnormal conditions have been exposed or otherwise treated with care or contrary to the instructions of the entrepreneur and / or treated on the package;
The invalidity is wholly or partly the result of regulations that the government has imposed or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and execution
The entrepreneur shall take the utmost care when receiving and carrying out orders for products and assessing applications for services.
The place of delivery is the address that the consumer has notified to the company.
With due regard to what is stated in paragraph 4 of this article, the company will carry out accepted orders at an accelerated speed, but not later than 30 days, unless consumers have agreed with a longer delivery period. If delivery is delayed, or if an order can not be executed or only partially, the consumer will receive a notice of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The stipulated time limits can not be deducted from the consumer. Exceeding a time limit does not entitle the consumer to damages.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will repay the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution. (Excluding pallet transport)
If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
Returns by an incomplete or incorrect address provided by the consumer will not be refunded by the entrepreneur. A second delivery attempt will be carried out at the expense of the consumer.

Article 12 - Duration transactions: duration, termination and extension
Termination
The consumer may at any time terminate an agreement which has been entered indefinitely and which includes the provision of scheduled products (including electricity) or services at any time, in accordance with agreed notice rules and a notice period of no more than one month.
Consumers may terminate a fixed-term agreement which aims at the scheduled delivery of products (including electricity) or services at any time by the end of the specified period in accordance with agreed notice of termination and a notice period of ten Highest one month.
The consumer can agree the agreements mentioned in the previous paragraphs:
Terminate at all times and not be restricted to termination at a particular time or in a certain period;
At least terminate in the same manner as they have been incurred by him;
Always terminate with the same notice period as the entrepreneur has undertaken for himself.
Extension
A fixed-term agreement that involves the scheduled delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain period of time.
By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily news and weekly newspapers and periodicals may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement Terminate the end of the renewal with a notice period of no more than one month.
An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration until scheduled delivery of daily, news and weekly newspapers and magazines (trial or acquaintance subscription) is not tacitly continued and ends automatically after the trial or acquisition period.
Expensive
If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.

Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days of commencement of the commencement of termination as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this term shall commence After the consumer has received confirmation of the agreement.
The consumer is obliged to notify the entrepreneur without delay of any incorrect or stated payment information.
In case of non-payment by the consumer, the entrepreneur has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.
 
Article 14 - Complaints
The entrepreneur has a well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
Complaints that can not be resolved by mutual agreement should lead the consumer to a Foundation. Should there not be a solution yet, the consumer has the opportunity to handle his complaint by the Stichting GeschilOnline, the verdict of which is binding and both the entrepreneur and the consumer agree with this binding verdict. Provision of a dispute with this disputes committee involves costs to be paid by the consumer to the relevant committee.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found by the vendor, the vendor will either replace or repair the goods at its option or delivered.

Article 15 - Disputes
Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law. Even if the consumer is living abroad.
The Vienna Sale Convention does not apply.
 
Article 16 - Additional or derogatory provisions
Additional or different provisions from these terms and conditions may not be to the detriment of the consumer and must be written in writing or in such a way that they can be stored by the consumer in an accessible manner on a sustainable data carrier.