General Terms and Conditions of e-mediaweb.nl B.V.
Article 1 - Definitions
In these conditions, the following definitions apply:
E-mediaweb.nl B.V.: the company offering products and/or services remotely to consumers;
Consumer: the natural person who does not act for purposes relating to his trade, business, or profession and who enters into a distance contract with e-mediaweb.nl;
Distance contract: a contract concluded between e-mediaweb.nl B.V. and a consumer within the framework of a system organized by e-mediaweb.nl B.V. for the remote sale of products and/or services, where only one or more techniques for remote communication are used up to and including the conclusion of the contract;
Technique for remote communication: a means that can be used to conclude a contract without the consumer and e-mediaweb.nl being simultaneously in the same space;
Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Day: working day;
Continuous transaction: a distance contract concerning a series of products and/or services, the delivery and/or performance obligations of which are spread over time;
Durable medium: any means that enables the consumer or e-mediaweb.nl B.V. to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of e-mediaweb.nl B.V.
E-mediaweb.nl B.V.
Operating under the names e-mediaweb.nl, e-readerweb.nl, e-bookweb.nl, bookweb.nl, e-tabletweb.nl, dingeltjes.nl
Registered address: A. van Leeuwenhoekweg 34 C, 2408 AN Alphen aan den Rijn
Email address: info@e-readerweb.nl, info@e-tabletweb.nl, info@e-bookweb.nl, info@e-fitnessweb.nl, info@e-mediaweb.nl
Chamber of Commerce number: 68458614
Article 3 - Applicability
These general terms and conditions apply to every offer from e-mediaweb.nl B.V. and to every distance contract concluded between e-mediaweb.nl 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 general terms and conditions can be sent to the consumer free of charge upon request before the distance contract is concluded.
If the distance contract is concluded electronically, in deviation from 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 easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
Article 4 - The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If e-mediaweb.nl uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind e-mediaweb.nl.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
any delivery costs;
the manner in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery or implementation of the agreement;
the period for accepting the offer, or the period for maintaining the price;
the height of the tariff for remote communication if the costs of using the remote communication technology are calculated on a basis other than the basic rate;
if the contract is archived after its conclusion, how it can be accessed by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if desired, restore it;
the languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which e-mediaweb.nl has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an agreement that extends to the continuous or periodic supply of products or services.
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, e-mediaweb.nl will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, e-mediaweb.nl will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, e-mediaweb.nl will take appropriate security measures for this.
E-mediaweb.nl B.V. can, within the limits of the law, ascertain 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, e-mediaweb.nl has good grounds not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution thereof.
With the product or service, e-mediaweb.nl will send the consumer the following information, in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:
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;
information about existing after-sales service and warranties; the data referred to in Article 4, paragraph 3 of these terms and conditions, unless e-mediaweb.nl has already provided this data to the consumer before the performance of the contract;
If e-mediaweb.nl B.V. has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6A - Right of Withdrawal for Product Delivery
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This period starts on the day after the consumer receives the product or a representative designated by him.
During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to e-mediaweb.nl B.V., in accordance with the reasonable and clear instructions provided by e-mediaweb.nl.
Article 6B - Right of Withdrawal for Service Delivery
In the case of service delivery, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days, commencing on the day the contract is entered into.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by e-mediaweb.nl B.V. with the offer and/or upon delivery.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the maximum costs of return will be for his account.
If the consumer has paid an amount, e-mediaweb.nl will refund this amount as soon as possible but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of Right of Withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by e-mediaweb.nl if e-mediaweb.nl has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by e-mediaweb.nl B.V. in accordance with the consumer's specifications;
that are clearly of a personal nature;
that cannot be returned by their nature;
for audio and video recordings and computer software where the consumer has broken the seal;
for e-books and audiobooks;
Article 9 - The Price
During the period of validity stated in 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.
In deviation from the previous paragraph, e-mediaweb.nl B.V. may offer products or services with prices that are subject to fluctuations in the financial market and over which e-mediaweb.nl has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if e-mediaweb.nl has agreed to this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement on the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
E-mediaweb.nl B.V. guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the agreement.
A guarantee offered by e-mediaweb.nl B.V., manufacturer or importer does not affect the rights and claims that the consumer can enforce against e-mediaweb.nl regarding a failure to fulfill the obligations of e-mediaweb.nl under the law and/or the distance contract.
Article 11 - Delivery and Execution
E-mediaweb.nl B.V. will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.
In case of dissolution in accordance with the previous paragraph, e-mediaweb.nl will refund the amount paid by the consumer as soon as possible but no later than 10 days after dissolution.
If it appears to be impossible to deliver a product ordered, e-mediaweb.nl will make every effort to make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are borne by e-mediaweb.nl.
The risk of damage and/or loss of products rests with e-mediaweb.nl B.V. until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 - Continuing Transactions
The consumer can terminate an agreement that has been entered into for an indefinite period at any time subject to the agreed termination rules and a notice period of no more than one month.
An agreement entered into for a definite period has a term of no more than two years. If it has been agreed that in the event of silence on the part of the consumer, the distance contract will be extended, the contract will be continued as a contract for an indefinite period and the notice period after extension of the contract will be no more than one month.
Article 13 - Payment
Unless otherwise agreed, the amounts due by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
In the sale of products to consumers, general terms and conditions may not stipulate an advance payment of more than 50%. When an advance payment has been agreed, 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 duty to report inaccuracies in payment details provided or stated without delay to e-mediaweb.nl.
In case of default by the consumer, e-mediaweb.nl B.V. has, subject to legal restrictions, the right to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints Procedure
E-mediaweb.nl B.V. has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to e-mediaweb.nl within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to e-mediaweb.nl B.V. will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, e-mediaweb.nl B.V. will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 - 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 on a durable medium in an accessible manner.
Article 16 - Amendment of the General Terms and Conditions
Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, provided that in the case of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
Article 17 - WEEE Registration Number and Battery Registration Number
In accordance with the regulations regarding the waste management of electrical and electronic equipment (WEEE) and batteries, we inform you as follows:
17.1 WEEE Registration Number
Our company is registered with the national register for waste management of electrical and electronic equipment under the WEEE registration number: DE 11083352.
17.2 Battery Registration Number
In addition, we comply with the legal obligations for the collection and recycling of batteries and accumulators. Our company is registered with the national batteries register under the Battery registration number: DE 62010382.
These registration numbers confirm that we comply with the relevant laws and regulations for the collection, processing, and recycling of electrical and electronic equipment and batteries.