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Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Articele 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 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

Article 1 - Definitions

In these terms and conditions the following definitions apply:

  1. Consideration period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of a profession or business and concluding a distance contract with the trader;
  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 medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information;
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model withdrawal form: the model withdrawal form provided by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.
  8. Contractor: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: an agreement under which, in the context of a system organised by the trader for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
  10. 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;
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur


ER Marketing / XPRO POOL
Radioweg 2-6
1324 WK Almere

Telephone number: +31 (0)85-06 01 770
E-mail address: info@xpropool.com
KvK number: 76449513
VAT identification number: NL003086178B33

Article 3 - Applicability

  1. These general terms and conditions apply to every offer by the trader and to every distance contract and order concluded between the trader and consumers.
  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 remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer at his request as soon as possible.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer may, in case of conflicting general terms and conditions, always rely on the applicable provision that is most favourable to him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced forthwith in mutual consultation by a provision that approximates the purport of the original as closely as possible.
  6. Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate 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 true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products offered. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required for that purpose;
  • whether or not the right of withdrawal applies;
  • the manner of payment, delivery and performance of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, rectify the data provided by him in the context of the agreement;
  • any languages other than Dutch in which the agreement can be concluded;
  • the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in case of an extended duration transaction;

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as 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 will observe appropriate security measures.
  4. The entrepreneur may - 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.
  5. The entrepreneur shall send the following information along with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  • the visiting address of the trader's establishment where the consumer can lodge complaints;
  • the conditions on which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  • the information on guarantees and existing after-sales services;
  • the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with this information before the performance of the agreement;
  • 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 applies only to the first delivery. Each contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period commences 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 has the right to dissolve the agreement without giving reasons.
  3. During the cooling-off period, the consumer will handle the product and its 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 to the entrepreneur with all delivered accessories and - if reasonably possible - in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known using the model form. After the consumer has expressed his wish to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of dispatch.
  5. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made known his wish to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When delivering services:

  1. When services are supplied, the consumer has the option of dissolving the agreement without giving reasons for a period of at least 14 days, starting on the day of entering into the agreement.
  2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur on the offer and/or at the latest on delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, no more than the costs of returning the goods shall be borne by him.
  2. If the consumer exercises his right of withdrawal, no more than the costs of returning the goods shall be borne by him.
  3. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
  4. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
  5. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, or at least in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  • made by the trader in accordance with the consumer's specifications;
  • which are clearly personal in nature;
  • which cannot be returned due to their nature;
  • which spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygiene products whose seals have been broken by the consumer;

Exclusion of the right of withdrawal is only possible for services:

  • concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
  • whose delivery began with the consumer's express consent before the cooling-off period had expired;
  • concerning betting and lotteries;

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. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
  • these are the result of statutory regulations or provisions; or
  • the consumer is authorised to terminate the agreement from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

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  1. The entrepreneur 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. 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 on the basis of the agreement.
  3. Eventual defects or wrongly delivered products should be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
  • the defectiveness is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used;

Article 11 - Delivery and execution

  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 paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will 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 without costs. The consumer is not entitled to any compensation.
  4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  7. 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 explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal

Cancellation

  1. The consumer may at any time terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to agreed termination rules and a period of notice that does not exceed one month.
  2. The consumer may, at any time, terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to agreed termination rules and a period of notice that does not exceed one month.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:
  • cancel at any time and not be limited to cancellation at a specific time or period;
  • at least cancel in the same manner as they were entered into by him;
  • always terminate with the same notice as the entrepreneur has stipulated for himself;

Renewal

  1. An agreement entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
  2. In deviation from the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate this extended contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, supply of daily, news and weekly newspapers and magazines.
  4. A contract with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
  5. The contract shall not be automatically continued and ends automatically at the end of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  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, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months 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 the 14-day period with a notice 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 which is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer should first turn to the entrepreneur. If the online shop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be solved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. Should a solution still not be reached, the consumer has the option of having his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. On agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies. Even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additions to or deviations 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.