Terms and Conditions - SmartShop Planet

Article 1 – Definitions

In these conditions the following definitions apply:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal.In deze voorwaarden wordt verstaan onder:
Consumer: a natural person who does not practice a profession or business and who enters into a distance contract with Smartshop Planet.
Day: a calendar day.
Duration transaction: a distance contract for products and/or services where delivery and/or purchase is spread over time.
Sustainable data carrier: any medium with which the consumer or entrepreneur can store personal information for future use and consultation.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
Model form: a withdrawal form that Smartshop Planet makes available to consumers who want to exercise their right of withdrawal.
Entrepreneur: a natural or legal person who offers products and/or services remotely to consumers.
Distance agreement: an agreement whereby products and/or services are sold remotely via distance communication technology.
Technology for remote communication: a means by which an agreement can be concluded without the consumer and entrepreneur being physically present.
General Terms and Conditions: these general terms and conditions of Smartshop Planet.

Article 2 – Identity of Smartshop Planet

Smartshop Planet
Herenweg 64 3602AR Maarssen

Article 3 – Applicability

These general terms and conditions apply to all offers from Smartshop Planet and to all distance contracts and orders between entrepreneur and consumer. Before a distance contract is concluded, the general terms and conditions are provided to the consumer. If this is not possible, it will be indicated where the general terms and conditions can be viewed and these will be provided to the consumer free of charge upon request. If the distance contract is concluded electronically, the general terms and conditions can be provided to the consumer electronically in a manner that can easily be stored on a durable data carrier. If this is not possible, it will be indicated where the general terms and conditions can be viewed electronically and these will be provided to the consumer free of charge upon request. If specific product or service conditions apply in addition to these general terms and conditions, the consumer can always choose the most favorable provision in the event of conflicting conditions. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions will otherwise remain in force and the provision in question will immediately be replaced by mutual agreement by a provision that has the meaning of approximates the original as much as possible. Situations that are not regulated in these general terms and conditions will be assessed in line with the spirit of these general terms and conditions. Any uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions will be interpreted in line with the spirit of these general terms and conditions.

Article 4 – The Offer

An offer with a limited period of validity or conditions is explicitly stated in the offer itself.
The offer is without obligation and can be changed by Smartshop Planet.
The offer contains a clear description of the products and/or services offered, including price information.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
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, Smartshop Planet will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
If the agreement is concluded electronically, Smartshop Planet 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, Smartshop Planet will take appropriate security measures.
Smartshop Planet can inform itself within legal frameworks whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If Smartshop Planet has good reasons not to enter into the agreement based on this investigation, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Smartshop Planet will send the following information to the consumer with the product or service, 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 Smartshop Planet 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 information included in Article 4, paragraph 3 of these conditions, unless Smartshop Planet has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to Smartshop Planet.

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. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.

If the consumer exercises his right of withdrawal, he must report this to Smartshop Planet within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

Within 14 days after the notification as stated in paragraph 3, the consumer returns the product or hands it over to (an authorized representative of) Smartshop Planet. This is not necessary if Smartshop Planet has offered to collect the product itself. 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 accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Smartshop Planet.

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 Smartshop Planet has not stated that the consumer must bear these costs or if Smartshop Planet indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.

If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 7 – Obligations of the consumer during the reflection period

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 any reduction in value of the product if Smartshop Planet 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 Smartshop Planet 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) Smartshop Planet. This is not necessary if Smartshop Planet has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

If the consumer revokes after first having expressly requested that the performance of the service or the supply of gas, water or electricity that are not made ready for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is Smartshop Planet a amount is due that is proportional to that part of the obligation fulfilled by Smartshop Planet at the time of withdrawal, compared to the full fulfillment of the obligation.

The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:

a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;

b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or

c. 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 Smartshop Planet in the event of withdrawal

If Smartshop Planet enables the notification of withdrawal by the consumer electronically, it will immediately send a confirmation of receipt after receiving this notification.

Smartshop Planet will reimburse all payments made by the consumer, including any delivery costs charged by Smartshop Planet for the returned product, without delay but within 14 days following the day on which the consumer notifies her of the withdrawal. Unless Smartshop Planet offers to collect the product itself, it may wait with reimbursement until it has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.

Smartshop Planet 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, Smartshop Planet does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

Smartshop Planet can exclude the following products and services from the right of withdrawal, but only if Smartshop Planet has clearly stated this in the offer, at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for the following products: a. which have been created by Smartshop Planet in accordance with the consumer’s specifications; b. that are clearly personal in nature; c. which by their nature cannot be returned; d. that can spoil or age quickly; e. the price of which is dependent on fluctuations in the financial market over which Smartshop Planet has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for the following services: a. regarding accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period; b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; c. concerning betting and lotteries.

Exclusion of the right of withdrawal is only possible for the following products and services: a. the price of which is subject to fluctuations in the financial market over which Smartshop Planet has no influence and which may occur within the withdrawal period; b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; c. audio and video recordings and computer software of which the consumer has broken the seal; d. of digital content, other than on a tangible medium, but only if: i. the consumer has stated that he agrees to this before Smartshop Planet has concluded the agreement; ii. the consumer has acknowledged that he thereby loses his right of withdrawal.

Article 11 – The price

The prices of the products and services offered include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, Smartshop Planet is not obliged to deliver the product at the incorrect price.

Article 12 – Compliance with agreement and additional warranty

Smartshop Planet guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.

An additional warranty provided by Smartshop Planet, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Smartshop Planet under the agreement if Smartshop Planet has failed to fulfill its part of the agreement.

An additional guarantee means any obligation of Smartshop Planet, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

Smartshop Planet will exercise the utmost care when receiving and executing product orders.

The place of delivery is the address that the consumer has provided to Smartshop Planet.

Taking into account what is stated in Article 4 of these general terms and conditions, Smartshop Planet will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, Smartshop Planet will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with Smartshop Planet until the moment of delivery to the consumer or a representative designated in advance and announced to Smartshop Planet, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate the agreements referred to in the previous paragraphs: a. cancel at any time and not be limited to cancellation at a specific time or in a specific period; b. at least cancel in the same manner as they were entered into by him; c. always cancel with the same notice period as Smartshop Planet has stipulated for itself.

Extension:

An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration: a. if the duration of an agreement is more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration to postpone. b. the consumer can terminate the agreements referred to in the previous paragraphs: c. cancel at any time and not be limited to cancellation at a certain time or in a certain period; d. at least cancel in the same manner as they were entered into by him; e. always cancel with the same notice period as Smartshop Planet has stipulated for itself.

Article 15 – Payment

Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid 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. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to Smartshop Planet.

If the consumer does not meet his payment obligation(s) on time, he is, after Smartshop Planet has informed him of the late payment and Smartshop Planet has granted the consumer a period of 14 days to still meet his payment obligations, after If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and Smartshop Planet is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 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. Smartshop Planet may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

Smartshop Planet has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to Smartshop Planet within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to Smartshop Planet will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Smartshop Planet will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Agreements between Smartshop Planet and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.