General Terms and Conditions

 

 

December 2016

 

Index:

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 – Obligations of the consumer during the reflection period

Article   8 – Exercise of the right of withdrawal by the consumer and costs

Article   9 – Obligations of the trader in case of withdrawal

Article 10 – Exclusion of withdrawal right

Article 11 – The price

Article 12 – Delivery and execution

Article 13 – Payment

Article 14 – Complaints

Article 15 – Disputes

 

Article 1 – Definitions

In these conditions apply:

  1. Supplementary agreement: an agreement whereby the consumer products, digital content and/or services acquired in connection with a remote contract and these goods, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data which are produced and delivered in digital form;
  6. Durable medium: any device – including also e-mail – that the consumer or business enables personal information for him to store, store in a way that future consultation or use for a period appropriate to the purpose for which the information is used, and which allows the unchanged reproduction of the information stored;
  7. Right of withdrawal: the possibility of the consumer to withdraw the agreement within the waiting period of the agreement;
  8. Entrepreneur: the natural or legal person who offers, (access) digital content and/or remote services to the consumer;
  9. Remote contract: an agreement concluded between the entrepreneur and the consumer under an organized system for remote sales of goods, digital content and/or services, up to and including the conclusion of the agreement exclusively or partly use is made of one or more means of remote communication;
  10. Model withdrawal form: the European model withdrawal form set out in Appendix I of these terms and conditions;
  11. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur have to be together in the same room.

 

Article 2 – Identity of the entrepreneur

Eppdoc BV

Eerbeekstraat 31

2573 HP

The Hague

The Netherlands

 

Phone: +31(0)70-7443874

Email: info@eppdoc.com

Chambers of Commerce: 62942328

VAT identification number: NL855024495B01

 

Article 3 – Applicability
  1. These terms and conditions apply to every offer of the entrepreneur and any remote agreement concluded between businesses and consumers.
  2. Before the agreement is concluded, the text of these terms and conditions are made available to the consumer. If this is not reasonably possible, the entrepreneur will before the agreement is concluded, indicate how to the terms and conditions can be viewed or at the request of the consumer be sent free of charge as soon as possible.
  3. If the agreement is remotely concluded electronically, notwithstanding the preceding paragraph and before the agreement is concluded, the text of these terms and conditions are made electronically available to the consumer in such a way that the consumer can store these in a simple way on a durable medium. If this is not reasonably possible, the entrepreneur will before the agreement is concluded, indicate how to the terms and conditions can be electronically viewed or at the request of the consumer be sent electronically free of charge as soon as possible.
  4. In the event that besides these terms and conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable condition most for him is favorable.

 

Article 4 – The offer
  1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses these images they are truthful representation of the products, services and/or digital content. Obvious mistakes or errors in the offer are not binding to the entrepreneur.
  3. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer.

 

Article 5 – The agreement
  1. The agreement is under the condition of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may withdraw the contract.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
  4. The entrepreneur can within the law – inform the consumer’s ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the remote agreement. If the entrepreneur under this investigation was justified not to conclude the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur will no later than upon delivery of the product, service or digital content to the consumer the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
  6. The address of the business where consumers can submit complaints;
  7. the conditions under which and the manner in which the right of withdrawal consumer can be executed, or a clear statement regarding the exclusion of the right of withdrawal;
  8. information on guarantees and after sales service;
  9. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the contract;
  10. if the consumer has a right of withdrawal, the withdrawal form (Annex I).
  11. The entrepreneur shall not process orders placed by persons under eighteen (18) years. By agreeing to these terms and conditions, the consumer declares to be at least eighteen (18) years old.
  12. The entrepreneur will allow orders and/or payouts added up to a maximum of 300,000 FIFA coins per day per account.

 

Article 6 – Right of withdrawal

For products:

  1. The consumer may terminate an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but does not commit to stating his reason (s).
  2. The reflection period mentioned in paragraph 1 begins on the day after the consumer, or a by the consumer appointed third party other than the carrier has received the product, or:
  3. if the consumer ordered several products in the same order: the day on which the consumer or a third party designated by him, has received the final product. The entrepreneur may, provided that he has informed the consumer prior to the ordering process in a clear manner, refuse an order for multiple products with different delivery time.
  4. if the delivery of a product consists of multiple items: the day on which the consumer or a by the consumer appointed third party has received the final shipment or the last item;
  5. the agreement is for regular delivery of goods during a certain period, the day on which the consumer or a by the consumer appointed third party, has received the first product.

 

For services and digital content which is not delivered on a material medium:

  1. The consumer has a service agreement and an agreement for the delivery of digital content which is not delivered on a material medium for 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but does not commit to stating his reason (s).
  2. The reflection period referred to in paragraph 3 shall begin on the day following the conclusion of the agreement.

 

Extended reflection period for products, services and digital content which is not supplied on a material medium by not informing right of withdrawal:

  1. If the entrepreneur does not provide the consumer the statutory information of the withdrawal right or the standard form, the withdrawal period shall expire twelve months after the end of the original reflection period determined in accordance with the preceding paragraphs of this article.
  2. If the entrepreneur has provided the information referred to in the preceding paragraphs to the consumer information within twelve months after the effective date of the initial reflection period, the reflection period will expire 14 days from the day the consumer receives that information.

 

Article 7 – Obligations of the consumer during the reflection period
  1. During this period the consumer will treat the product and packaging carefully. He will only open the product or use the product to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer shall only be liable for diminished value of the product when this the result of dealing with the product beyond permitted in paragraph 1.
  3. The consumer is not liable for diminished value of the product when the entrepreneur has not provided all information required by law about the right of withdrawal before the conclusion of the agreement.

 

Article 8 – Execution of the right of withdrawal by the consumer and the resulting costs
  1. If the consumer make use of his right of withdrawal, he shall within the reflection period use the model withdrawal form or any other unequivocal manner to the entrepreneur.
  2. As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, whether he hands it to (a representative of) the entrepreneur. This does not have to be when the entrepreneur offered to collect the product himself. The consumer has taken into account the return period before sending the product back before the reflection period ended.
  3. The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely execution of the right of withdrawal lies with the consumer.
  5. The consumer pays the direct costs of returning the product. If the entrepreneur has not notified the consumer has to pay them or if the entrepreneur indicates to pay the costs himself, consumers do not pay the return shipping costs.
  6. The consumer shall pay no costs for the total or partial delivery of digital content not delivered on a material medium where:
  7. he prior to the delivery has not expressly consented at the beginning of the fulfillment of the agreement before the end of the reflection period;
  8. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
  9. the entrepreneur has failed to confirm this consumer statement.
  10. If the consumer makes use of his right of withdrawal, all additional agreements are cancelled by law.

 

Article 9 – Obligations of the entrepreneur in case of withdrawal
  1. If the entrepreneur the notification of withdrawal by the consumer electronically allows, he will send an acknowledgment immediately upon receipt of this notification.
  2. The trader shall reimburse all payments the consumer, including any delivery costs incurred by the entrepreneur for returning the product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to return until he has received the product or the consumer can prove that he has returned the product, whichever is the earlier.
  3. The entrepreneur uses the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The repayment is free of charge for consumers.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs of the more expensive method.

 

Article 10 – Exclusion of withdrawal right

The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur has stated this clearly in the agreement, at least in time for the conclusion of the agreement:

  1. Products or services whose price is dependent on fluctuations in the financial market outside the entrepreneur’s control, which may occur within the withdrawal period;
  2. Agreements concluded at a public auction. Under a public auction means a method of sale where goods, digital content and/or services offered by the entrepreneur to the consumer who attends or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is bound to purchase the goods, digital content and/or services;
  3. Service contracts, after full implementation of the service, but only if:
  4. the performance has begun with the explicit prior consent of the consumer; and
  5. the consumer has stated that he will lose his right of withdrawal once the operator has completed the agreement;
  6. According to specifications by the consumer manufactured products, not prefabricated and manufactured according to an individual choice or decision by the consumer or which are clearly intended for a specific person;
  7. Products are inseparably mixed after delivery by their nature with other products;
  8. Sealed audio, video recordings or computer software which were unsealed after delivery;
  9. The delivery of digital content other than on a material medium, but only if:
  10. the fulfillment has begun with the explicit prior consent of the consumer; and
  11. the consumer has stated that he thus loses his right of withdrawal.

 

Article 11 – The price
  1. During the period mentioned in the offer the prices of the products and/or services will not increase, except for price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the entrepreneur can change offer variable prices for products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control over. These fluctuations and the fact that any price are target prices, are in the offer.
  3. The prices mentioned in the offer of products or services include VAT.

 

Article 12 – Delivery and execution
  1. The entrepreneur will take the greatest possible care when receiving and processing orders for products and services and in assessing applications for the provision of services.
  2. Subject to what is stated in Article 4 of these terms and conditions, the company will fulfill accepted orders expeditiously but not later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case has the right to terminate the agreement without a penalty and is entitled to any compensation.
  3. After dissolution in accordance with the preceding paragraph, the entrepreneur will repay the amount paid by the consumer immediately.

 

Article 13 – Payment
  1. Unless otherwise provided in the agreement or additional terms, the amounts owed by the consumer should be paid immediately after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  2. The consumer has the obligation to report immediately to the entrepreneur any inaccuracies in data supplied or specified payment.
  3. If the consumer is unable to meet his payment(s) above, and was notified by the entrepreneur on the late payment, and the entrepreneur has given the consumer a term of three days to fulfill his commitments, after the failure to pay within this three-day period, the outstanding amount of the legal interest, the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs exceed 15% of outstanding amounts to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can benefit consumers differ from these amounts and percentages.

 

Article 14 – Complaints
  1. The entrepreneur has a well-publicized complaints procedure and handles complaints according this procedure.
  2. Complaints about the fulfillment of the agreement should take place promptly after the consumer has found the defects and are defined clearly and completely and are submitted to the entrepreneur.
  3. Complaints submitted to the entrepreneur are processed within a period of 14 days from the date of receipt. If a complaint takes a foreseeable longer processing time, will be answered by the entrepreneur within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable time or within 3 months after submitting of the complaint, a dispute arises that is subject to a dispute settlement.

 

Article 15 – Disputes
  1. Agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.

 


 

 

Annex I: withdrawal form

 

 

Withdrawal form

 

(This form filling only (yellow shaded passages) and return when you want to withdraw from the contract)

 

  • To:

Eppdoc BV

Eerbeekstraat 31

2573 HP

The Hague

The Netherlands

info@eppdoc.com

 

  • I / We * share / share * hereby give notice that I / our * contract on

 

the sale of the following products: [designation product] *

 

the delivery of the following digital content [display digital content] *

 

the provision of the following service: [service designation] *

 

revoke / withdraw *

 

 

 

 

  • Ordered on * / received on * [date order with services or goods receipt at]

 

  • [Name of consumer (s)]

 

  • [Address of consumer (s)]

 

  • [Date of this form]

 

  • [Signature of consumer (s)]

(Only if this form is notified on paper)

 

 

 

* Delete if not applicable or fill in as appropriate.