Terms and Conditions
Here’s the full English translation of the provided Dutch General Terms and Conditions:
ARTICLE 1 – DEFINITIONS
In these terms and conditions the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
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;
Durable data carrier: any tool that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance sales of products and/or services, whereby up to and including the conclusion of the contract only one or more techniques for distance communication are used;
Technique for distance communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
ARTICLE 2 – APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer can always rely on the applicable provision most favorable to them.
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 will otherwise remain in effect and the relevant provision will be replaced immediately in mutual consultation by a provision that approximates the intent of the original as much as possible.
Situations not regulated in these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of these terms should also be interpreted “in the spirit” of these general terms and conditions.
ARTICLE 3 – THE OFFER
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
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the price, excluding customs clearance fees and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will, with regard to import, apply the special arrangement for postal and courier services. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the clearance fees charged) from the recipient of the goods;
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any shipping costs;
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the manner in which the agreement will be concluded and what actions are required for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and performance of the agreement;
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the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
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the rate for distance communication if the cost of using the distance communication technique is calculated on a basis other than the regular basic rate for the communication medium used;
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whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer;
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the manner in which the consumer, before concluding the contract, can check and, if desired, correct the data provided in connection with the contract;
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any other languages in which, in addition to Dutch, the contract can be concluded;
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the codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes electronically; and
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the minimum duration of the distance contract in the event of a duration transaction.
Optional: available sizes, colors, type of materials.
ARTICLE 4 – THE AGREEMENT
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to 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, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it on a durable data carrier in an accessible way:
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the visiting address of the entrepreneur’s establishment where the consumer may lodge complaints;
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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;
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information on guarantees and existing after-sales service;
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the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before performance of the contract;
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the requirements for terminating the contract if the contract 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.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
ARTICLE 5 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off 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.
During the cooling-off period the consumer shall handle the product and packaging with care. They shall unpack or use the product only to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all delivered accessories 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.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. Notification must be made by written message/email. After notifying that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, e.g. by proof of shipment.
If, after the periods referred to in paragraphs 2 and 3, the consumer has not notified that they wish to exercise the right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is a fact.
ARTICLE 6 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been returned to the web retailer or conclusive proof of complete return has been provided.
ARTICLE 7 – EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
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that have been made to the consumer’s specifications;
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that are clearly personal in nature;
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that by their nature cannot be returned;
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that can spoil or age quickly;
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whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
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for loose newspapers and magazines;
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for audio and video recordings and computer software if the consumer has broken the seal;
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for hygienic products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
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relating to accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
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the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
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relating to bets and lotteries.
ARTICLE 8 – PRICE
I reserve the right to change the prices of the offered products and/or services during the validity period stated in the offer, including as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market, and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after concluding the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:
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they are the result of statutory regulations or provisions; or
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the consumer has the right to terminate the contract from the day on which the price increase takes effect.
The place of delivery is determined on the basis of article 5, first paragraph, of the Dutch Turnover Tax Act 1968 as the country where transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or clearance costs will be collected from the buyer by the postal or courier service. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 9 – CONFORMITY AND WARRANTY
The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Returns of products must be made in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the factory 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.
The warranty does not apply if:
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the consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
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the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or packaging;
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the defect is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.
ARTICLE 10 – DELIVERY AND PERFORMANCE
The entrepreneur will take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 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 executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 11 – IDENTITY OF THE ENTREPRENEUR
Company name: Commerce Link
Company registration number: 90847873
Customer service email: info@privavue.com
Business address: Kon. Julianaweg 12
ARTICLE 12 – DURATION TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL
Termination
The consumer may terminate an open-ended agreement concluded for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer may:
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terminate the agreements referred to above at any time and not be limited to termination at a particular time or in a given period;
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at least terminate in the same manner as they were entered into;
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always terminate with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
A fixed-term agreement concluded for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of exception, a fixed-term agreement concluded for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
A fixed-term agreement concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement relates to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A limited-duration agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
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 of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
ARTICLE 14 – COMPLAINTS PROCEDURE
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found justified by the entrepreneur, the entrepreneur will, at their option, replace or repair the delivered products free of charge.
ARTICLE 15 – DISPUTES
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This applies even if the consumer resides abroad.
ARTICLE 16 – PERSONAL INFORMATION
The submission of personal data through the store is subject to our Privacy Policy. To view our Privacy Policy.
ARTICLE 17 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors