Terms & conditions

Terms and conditions based on the model terms of WebwinkelKeur.

Table of contents

• Article 1 – Definitions
• Article 2 – Identity of the trader
• Article 3 – Applicability
• Article 4 – The offer
• Article 5 – The agreement
• Article 6 – Right of withdrawal
• Article 7 – Costs in the event of withdrawal
• Article 8 – Exclusion of the right of withdrawal
• Article 9 – The price
• Article 10 – Conformity and warranty
• Article 11 – Delivery and performance
• Article 12 – Continuing performance contracts: duration, termination and renewal
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes
• Article 16 – Additional or differing provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader.
3. Day: calendar day.
4. Continuing performance 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 to them personally in a way that allows future consultation and unaltered 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. Model form: the model withdrawal form that the trader makes available and that a consumer can complete when they wish to exercise their right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance.
9. Distance contract: a contract whereby, within the framework 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 techniques for distance communication.
10. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being together in the same place at the same time.
11. Terms and Conditions: the present Terms and Conditions of the trader.

Article 2 – Identity of the trader

Plus Telecom Web
Handelsweg 12G
1521NH Wormerveer
Netherlands

T: 085 333 2253
E: info@casifytech.com
Chamber of Commerce (KVK): 87302608
VAT number: NL004391199B89

Article 3 – Applicability

1. These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
5. If one or more provisions in these terms and conditions are at any time wholly or partly null and void or annulled, the contract and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
6. Situations that are not governed by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
2. The offer is without obligation. The trader 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 trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
5. Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the contract will be concluded and which actions are required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the contract;
   • the period for acceptance of the offer, or the period within which the trader guarantees the price;
   • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
   • whether the contract is archived after conclusion, and if so how it can be consulted by the consumer;
   • the way in which the consumer can, before concluding the contract, check and, if desired, correct the data provided by them under the contract;
   • any other languages in which, besides Dutch, the contract can be concluded;
   • the codes of conduct to which the trader is subject 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 continuing performance transaction.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached thereto.
2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
4. The trader may, within legal frameworks, inform themselves as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its performance.
5. The trader shall 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 medium:
   • the visiting address of the trader's establishment where the consumer can go with complaints;
   • 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;
   • the information about warranties and existing after-sales service;
   • the data included in Article 4 paragraph 3 of these terms, unless the trader has already provided this data to the consumer before the performance of the contract;
   • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader.
2. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess 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 its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 30 days of receipt of the product. The consumer must give notice by means of the model form or by another means of communication such as by email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of dispatch.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is a fact.

Upon delivery of services:

1. Upon the delivery of services, the consumer has the option of dissolving the contract without giving reasons for at least 30 days, commencing on the day of concluding the contract.
2. To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader in this regard with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipment shall be borne by them.
2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but at the latest within 14 days of the withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refund shall be made via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any decrease in the value of the product.
4. The consumer cannot be held liable for a decrease in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The trader can 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 has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been created by the trader in accordance with the consumer's specifications;
   • that are clearly personal in nature;
   • that by their nature cannot be returned;
   • that can spoil or age quickly;
   • whose price is subject to fluctuations on the financial market over which the trader 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 hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
   • the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
   • concerning bets 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 shall not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
   • they result from statutory regulations or provisions; or
   • the consumer has the authority to terminate the contract 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.
6. 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 trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

1. The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
3. The statutory warranty applies to all products. The duration of the statutory warranty may differ depending on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovery of the defect.
5. The warranty does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging;
   • the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The trader shall observe the greatest possible care when receiving and performing orders for 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 shall execute accepted orders with due speed 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 be executed or only partially, the consumer shall be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.
6. If delivery of an ordered product proves impossible, the trader shall endeavour to make a replacement item available. At the latest upon delivery, it shall be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.
7. The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing performance contracts: duration, termination and renewal

Termination

1. The consumer may terminate a contract entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
2. The consumer may terminate a contract entered into for a fixed period, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
3. The consumer may, with regard to the contracts referred to in the previous paragraphs:
   • terminate at any time and not be limited to termination at a specific time or in a specific period;
   • terminate at least in the same manner as they were entered into;
   • always terminate with the same notice period as the trader has stipulated for themselves.

Renewal

1. A contract entered into for a fixed period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed term.
2. Notwithstanding the previous paragraph, a contract entered into for a fixed period, which extends to the regular delivery of daily, news and weekly newspapers and magazines, may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.
3. A contract entered into for a fixed period, which extends to 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 contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the commencement of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period commences after the consumer has received confirmation of the contract.
2. The consumer has the duty to report inaccuracies in the payment details provided or stated to the trader without delay.
3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The trader has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 2 months, after the consumer has discovered the defects.
3. Complaints submitted to the trader are answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the period of 14 days 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 that is subject to the dispute settlement scheme.
5. In the event of complaints, a consumer must first turn to the trader. If the online shop is affiliated with WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is then reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding and both trader and consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
7. If a complaint is found to be well-founded by the trader, the trader shall, at its choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Dutch law applies exclusively to contracts between the trader and the consumer to which these terms and conditions relate, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or differing provisions

Additional provisions or provisions differing from these 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 medium.