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General terms and conditions:

Table of Contents:

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 withdrawal
Article   8 - Exclusion of right of withdrawal
Article   9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
 

Article 1 - Definitions

In these conditions the following definitions apply:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. 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 unchanged reproduction of the stored information .
  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  8. Distance agreement: an agreement in which, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of up to and including the conclusion of the agreement of one or more techniques for remote communication;
  9. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.

Article 2 - Identity of the entrepreneur

Teo Lamers Motorrijwielen BV, trading under the name TLM & TLM Nijmegen;
Lagelandseweg 66, 6545CG Nijmegen;
Telephone number: +31-24-3711111 (Tue-Fri 8:00 AM-5:00 PM)
E-mail address: info@tlm.nl
Chamber of Commerce number: 10147777
VAT identification number: NL806504523B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding 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 read by the consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. /li>
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is the most favorable.

 Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the product offered and and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
  • the price includes taxes;
  • the possible costs of delivery;
  • the manner in which the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
  • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur 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 a long-term transaction.

 Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur 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, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inform himself 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, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur 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 entrepreneur's 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 the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 7 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product with care n the packaging. 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 the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When providing services:

  1. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
  2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

 Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

 Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
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  3. Exclusion of the right of withdrawal is only possible for products:
    a. that have been created by the entrepreneur 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 deteriorate or age quickly;
    e. the price of which is subject to fluctuations in the financial market over which the entrepreneur 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.

  4. Exclusion of the right of withdrawal is only possible for services:
    a. concerning accommodation, transport, restaurant business or leisure activities to be carried out 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.

 Article 9 - The price

  1. 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 as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    a. these are the result of legal regulations or provisions; or
    b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated 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 stated in the offer, the reasonable requirements of reliability and/or usability and the existing requirements on the date of the conclusion of the agreement. legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

 Article 11 - Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when processing ordering requests for the provision of services.
  2. The place of delivery is the address that the consumer has provided 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 no later than within 30 days, unless a longer 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.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 Article 12 - Duration transactions: duration, termination and extension

Cancellation

  1. The consumer can enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity)  or services, can be canceled at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can enter into 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 term, taking into account the agreed cancellation rules and a notice period of no more than one month.
  3. The consumer can cancel the agreements mentioned in the previous paragraphs:
  • cancel at any time and not be limited to cancellation at a certain time or in a certain period;
  • cancel at least in the same manner as they were entered into by him;
  • always cancel with the same notice period as the entrepreneur has agreed for himself.

Extension

  1. An agreement that applies to certain  time has been entered into and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.
  2. Notwithstanding the previous paragraph, an agreement for certain  time  has been entered into and which extends to the regular delivery of daily, news and weekly newspapers and magazines can be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than ééone month.
  3. 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. month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration 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.

Expensive

  1. If an agreement has a duration of 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 otherwise. reschedule the end of the agreed duration.

 Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In case of a agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, an advance payment of more than 50% may never be stipulated 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.
  3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

 Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution 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 will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

 Article 15 - Disputes

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

 Article 16 - 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.