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    2. Conditions of Use

Conditions of Use

ARTICLE 1 – DEFINITIONS

these conditions apply:
  1. Entrepreneur: the natural or legally responsible person who offers remote products and/or services to the customer;
  2. Consumer: the natural person not acting in the exercise of his profession or enterprise and who starts a distance agreement with the entrepreneur;
  3. A distance agreement: an agreement where the entrepreneur starts an organized system for sales at distance of products and/or services. Until the conclusion of the agreement exclusive use is made of one or more techniques for communication at distance;
  4. Technology for distance communication: a means that can be used for conclusion of an agreement, without the consumer and the entrepreneur having physically met in the same room;
  5. Grace period: a term during which the consumer can exercise his right of withdrawal;
  6. Right of withdrawal: the possibility for consumers to withdraw from their distance agreement within the grace period;
  7. Day: calendar day;
  8. Length transaction: a distance agreement relating to a range of products and/or services whose supply and/or purchase obligations are spread over time;
  9. Durable medium: any means that enables the consumer or entrepreneur to store information directed to him in a way that enables future consultation and unaltered reproduction of the stored information.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Parts United Home Products (Flowmotionproducts.com)
Hoorn 159
2404HH, Alphen aan den Rijn
Nederland

Chamber of Commerce number: 64977781
VAT number: NL855931061B01

ARTICLE 3 – APPLICABILITY

  1. These general conditions apply to every offer of the entrepreneur and any distance agreement that has come about between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, the text of these Terms and Conditions is made available to the consumer. If this is not reasonably possible, the consumer will be informed - before the distance agreement is closed - that the general conditions are available for review at the entrepreneur’s location and can be sent to the consumer upon request, as soon as possible and free of charge.
  3. If the distance agreement is made electronically, notwithstanding the preceding paragraph and before the distance agreement is concluded, the text of these Terms and Conditions can be made available in such a way that the consumer can store it in a simple way on a durable medium. If this is not reasonably possible, the consumer will be informed - before the distance agreement is closed – where the general conditions are available for review electronically and that they can be sent to the consumer upon request, electronically or otherwise and free of charge.
  4. In the event that specific product- and service conditions might be applicable alongside these Terms and Conditions , the second and third paragraph of the agreement apply and the consumer can always rely on the provision which is most favorable to him in case of contradictory conditions.

ARTICLE 4 – THE OFFER

  1. If an offer holds a limited duration or is made with certain conditions, this is explicitly mentioned in the offer.
  2. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to be able to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images these must be a true reflection of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains information which clarifies for the consumer what are the rights and obligations resulting from the acceptance of the offer. Particularly:
    • the price including taxes;
    • any costs of delivery;
    • the way in which the agreement will be achieved and what actions they require;
    • whether or not to apply the right of withdrawal;
    • the method of payment, delivery or execution of the agreement;
    • the deadline for accepting the offer, or the deadline before accepting the price;
    • the level for the rate of distance communication, in case the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
    • if the agreement is filed after the realization: in which way it can be consulted by the consumer;
    • how the consumer can be informed - before the conclusion of the agreement - about actions not desired by him and the way he can recover these before the agreement realized;
    • the potential languages in which, in addition to Dutch, the agreement may be concluded;
    • the conduct codes to which the consumer is subject and the manner in which the consumer can consult these codes electronically; and
    • the minimum duration of the distance agreement in case of an agreement that leads to continuous or periodic delivery of products or services.

ARTICLE 5 – THE AGREEMENT

  1. The agreement/agreement is, subject to the provisions of paragraph 4, concluded when the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer accepted the offer electronically, the entrepreneur confirms to have electronically received the acceptance of the offer. Until receipt of this acceptance is not confirmed, the consumer may terminate the agreement.
  3. If the agreement is created electronically, the consumer will take appropriate technical and organizational measures to protect the electronic transfer of data and he will create a secure web environment. If the consumer can pay electronically, the entrepreneur will secure appropriate safety precautions.
  4. The entrepreneur can – within the law – inform if the consumer will be able to meet with his payment obligations and of all other facts and factors relevant to a sound conclusion of the distance agreement. If the entrepreneur has good reasons to not start the agreement, based on this investigation, he is legally allowed to reject an order or request or to add special conditions to the execution.
  5. The entrepreneur will add to the product or service the following information, written or in any other way, to enable the consumer to store this in an accessible way on a sustainable data carrier:
    a) the office address of the entrepreneur where consumers can address their complaints;
    b) the conditions and the way in which the consumers can make use of the withdrawal right or a clear statement regarding the exclusion of the withdrawal right;
    c) information on existing after sales service and guarantees;
    d) the included information as per Article 4 paragraph 3 of these conditions, unless the entrepreneur already gave this information to the consumer before the execution of the agreement;
    e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. If the entrepreneur has committed to providing a range of products or services, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6A – RIGHT OF WITHDRAWAL WITH DELIVERY OF PRODUCTS

  1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving any reason during 14 days. This period commences on the day following receipt of the product by or on behalf of the consumer.
  2. During this period the consumer will carefully treat the product and packaging. He will only unpack or use the product as necessary to be able to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all its accessories and - if reasonably possible - in its original condition and packaging , according to the reasonable and clear instructions provided by the entrepreneur.

ARTICLE 6B – RIGHT OF WITHDRAWAL WITH DELIVERY OF SERVICES

  1. When providing services, the consumer can terminate the agreement without giving any reason within 14 days commencing from the day of entering into the agreement.
  2. To use his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest at the time of the delivery.

ARTICLE 7 - COSTS OF WITHDRAWAL

  1. If the consumer exercises his right of withdrawal, only the costs of returning the product will be charged.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible and ultimately within 14 days after the return or cancellation.

ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer, at least in time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products that correspond to the following:
    a) products that have been made accessible by the entrepreneur according to the consumer's specifications;
    b) products that are clearly personal in nature;
    c) products which, by their nature, cannot be returned;
    d) products that rapidly decay or become obsolete;
    e) products whose price depends on fluctuations in the financial market on which the entrepreneur does not have any control;
    f) products like newspapers and magazines;
    g) for audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    a) referring to accommodation, transport, catering or leisure to be carried out on a certain date or during a specified period;
    b) of which the delivery process has been started before the grace period has passed but with the explicit agreement of the consumer;
    c) regarding bets and lotteries.

ARTICLE 9 - THE PRICE

  1. During the validity period mentioned in the offer, the prices of the products and / or services will not increase, except for price changes resulting from changes in tax rates.
  2. Notwithstanding the preceding paragraph, the entrepreneur can offer with variable prices: those products that are subject to fluctuations in the financial markets and on which the entrepreneur has no influence. The dependence on these fluctuations and the fact that any prices quoted are recommended prices, will be mentioned with the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal legislation or regulations.
  4. Price increases after 3 months following the conclusion of the agreement will only be allowed if the entrepreneur has stipulated them and:
    a) they are the result of legal arrangements or provisions; or
    b) the consumer has the power to terminate the agreement by the date the price increase is implemented.
  5. The prices of the offered products or services include VAT.

ARTICLE 10 - COMPLIANCE AND WARRANTY

  1. The entrepreneur warrants that the products and / or services meet the agreement, the supply specifications, the reasonable requirements of reliability and / or usefulness and existing legal provisions and / or government regulations at the date of the conclusion of the agreement.
  2. Any guarantees offered by the entrepreneur, manufacturer or importer does not affect the rights and claims the consumer has - under the law and / or distance agreement - towards the entrepreneur in case of a failure in the fulfillment of the entrepreneur’s obligations.

ARTICLE 11 - DELIVERY AND IMPLEMENTATION

  1. The entrepreneur will use the utmost diligence in the receipt and the execution of orders and during the judgment of requests for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the company.
  3. Subject to what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but not later than 30 days, unless a longer delivery time has been agreed. If delivery is delayed or if an order may only be partially implemented, the consumer will be notified within one month at the most after the order was placed. In that case, the consumer will have the right to terminate the agreement without any costs and will have the right to a possible compensation.
  4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount the consumer paid as soon as possible and no later than 30 days after termination.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will attempt to make a replacement product available. The consumer will be informed about this in a clear and comprehensible manner no later than at the time of delivery. For replacement items the right of withdrawal can not be excluded. The costs of the return shipment are for the entrepreneur.
  6. The risk of damage and / or loss of products lies with the entrepreneur until the time of delivery, unless explicitly agreed upon otherwise.

ARTICLE 12 – LENGTH TRANSACTIONS

  1. The consumer may at all times terminate a agreement respecting the applicable termination notice rules and a maximum period of at least one month.
  2. An agreement for a definite period has a maximum duration of two years. If it is agreed that the distance agreement will be silently renewed, this agreement will continue as an agreement for an indefinite time. The withdrawal period after continuation of the agreement will be one month at most.

ARTICLE 13 – PAYMENT

  1. Unless subsequently otherwise agreed upon the amounts owed must be paid by the consumer within fourteen days after delivery of the goods or in case of an agreement to provide a service, within 14 days after issuance of this agreement referring to the service.
  2. When selling products to consumers, the general terms may never ask for a prepayment of more than 50%. If a prepayment is agreed upon, the consumer has no right whatsoever in relation to the execution of the order or service(s) before the stipulated prepayment has been made.
  3. The consumer has the duty to inform the entrepreneur about any inaccuracies in the given or mentioned payment details.
  4. In case of default by the consumer, the entrepreneur has the right – subject to legal restrictions - to charge the customer for the reasonable costs that were made available to him beforehand.

ARTICLE 14 – DISPUTES

  1. The entrepreneur has a well-publicized complaints procedure and deals with complaints according to this procedure.
  2. Complaints about the implementation of the agreement must be submitted within a reasonable time to the entrepreneur, fully and clearly described, after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur are replied to within a period of 14 days from the date of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.

ARTICLE 15 – ADDITIONAL OR DIFFERENT TERMS

Additional or different terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.



Company identity

Parts United Home Products
(Flowmotionproducts.com)

Mail address:
Postbus 395
2400AJ, Alphen aan den Rijn
Nederland

Office address:
Hoorn 159
2404HH, Alphen aan den Rijn
Nederland

Chamber of Commerce number: 64977781
VAT number: NL855931061B01

Contact phone: +31 (0)88 844 0275
E-mail address: info@flowmotionproducts.com

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