GENERAL TERMS AND CONDITIONS
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Articele 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
AREL 1 - Definitions
In these terms and conditions, the following definitions apply:
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day; working day: Monday, Tuesday, Wednesday, Thursday and/or Friday, excluding public holidays
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
ARTicle 2 - IDENTITY OF THE COMPANY.
Fusion Group VOF, trading under the trade name EU-DECO.com, having its registered office at
Lelystad ( 8243 PS ) at Verlaatweg 50B, Telephone: 088 - 366 2466.
Chamber of Commerce number: 73576743. VAT number: NL859586194B01. Approval number: 20231933312.
ARTIK 3 - APPLICABILITY.
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. By means of the available technique for distance communication, the consumer can familiarise himself with these General Terms and Conditions before, during and after the conclusion. These General Terms and Conditions can also be inspected on the premises of the Entrepreneur.
3. In the event that, in addition to these General Terms and Conditions, specific further product or service conditions prescribed by Dutch legislation on weapons and/or ammunition also apply, which may contravene the letter of the General Terms and Conditions, the Consumer cannot invoke said General Terms and Conditions.
AREL 4 - THE OFFER.
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a sufficient and correct description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each 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;
- the possible costs of delivery
- the way in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and performance of the agreement
- the non-returnable reservation costs to be paid in advance
- that the agreement will be archived after its conclusion, and in what way it can be consulted by the consumer; an exception applies to the data, which under the WWM, RWM, CWM and WECG must be recorded by the company and possibly passed on to the competent authorities.
ARKEL 5 - THE AGREEMENT.
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of the consumer's acceptance of the offer and the fulfilment of the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - reserve the right not to carry out a delivery or service already accepted by the consumer, if he has a reasonable suspicion that the said consumer will commit criminal acts with the goods to be acquired; in that case, the entrepreneur shall communicate this to the consumer without delay, at the same time returning any purchase price already paid including transport costs; any reservation costs for specially ordered goods may however - in the entrepreneur's judgement - not be returned or be returned only partially.
5. The Entrepreneur shall make the following information available to the Consumer with the product or service via Technology for Distance Communication:
a. the visiting address of the Entrepreneur's establishment;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on guarantees and after-sales service offered;
ARTicle 6 - RIGHT OF RETURN.
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack the product or check it for proper functioning 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 to the entrepreneur with all delivered accessories and in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
ARTicle 7 - COSTS IN CASE OF RETURNING
1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
2. If the reason for exercising the right of withdrawal is not based on a defect of the product or non-compliance of the product with its description, the costs of shipment by the Entrepreneur will also be charged, i.e. deducted from the amount to be refunded.
3. If the item was stocked by the Trader especially for the transaction and at the consumer's request, the reservation fee shall also be deducted from the amount to be refunded.
4. If the packaging was damaged/is no longer complete, the Entrepreneur may withhold an amount of up to 15% of the purchase price for this.
5. If the article shows clear signs of use, the entrepreneur can either declare the right of withdrawal lapsed, or withhold an amount for "use" and/or "wear and tear" and/or "damage" and/or "depreciation" to be determined by mutual agreement with the consumer.
6. The entrepreneur shall refund the (remaining) refundable amount as soon as possible, but no later than 30 days after receipt of the returned goods.
ARTicle 8 - EXCLUSION OF RETURN RIGHT
1. Full exclusion of the right of withdrawal is only possible for products, which have been manufactured by the entrepreneur in accordance with consumer specifications;
2. Partial exclusion of the right of withdrawal is possible if the product was specially and at the consumer's request taken into stock by the entrepreneur; this applies in particular to parts and repairs, for which parts were specially ordered; in such cases, a compensation to be determined by the entrepreneur and communicated in good time can be demanded/accounted for.
ARTicle 9 - THE PRICE.
1. During the validity period 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.
2. The prices mentioned in the offer of products or services include VAT.
ARTicle 10 - CONFORMITY AND WARRANTY.
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. This is based on the principle that the delivered item is not suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.
ARKEL 11 - DELIVERY AND IMPLEMENTATION.
1. The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer shall be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Such a replacement article will only be sent after explicit agreement by the consumer.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and communicated to the entrepreneur representative; for shipments to countries outside the Netherlands other conditions may - expressly communicated by the entrepreneur - apply.
1. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
2. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right to charge the consumer reasonable costs as compensation for the costs incurred and/or damage suffered by the entrepreneur.
ARKEL 13 - COMPLAINTS.
1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt of the complaint. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
ARTicle 14 - ADDITIONAL OR DIFFERENT PROVISIONS
Pursuant to the WWM, RWM, Circular and WECG, in transactions involving firearms and/or ammunition and/or gunpowder, both the entrepreneur and the consumer must strictly observe the commandments, prohibitions and procedures prescribed in those legal texts. Actions required from those legal texts will at all times prevail over the (consumer) terms and conditions contained in Articles 1-13. Disputes between the entrepreneur and the consumer can never be solved in a way that is contrary to said legal texts or contrary to the spirit of those legal texts. Arbitration in disputes can and will only lead to measures, which can be approved by the KCT department of the Regional Department of the National Police, or the JUSTIS department of the Ministry of Security and Justice.
