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Terms and Conditions

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Table of contents

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 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these conditions the following terms apply:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  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 data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information makes possible.
  6. Right of withdrawal: the option for the consumer to cancel within the cooling-off period of the distance contract;
  7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can complete when using wants to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; span>
  9. Distance agreement: an agreement whereby in the context of a entrepreneur organized system for distance selling of products and/or services, up to and including closing the agreement exclusively uses one or more techniques for distance communication;
  10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Funcaps;
Overcingellaan 17
9401LA Assen

Telephone number: +31610848386
E-mail address: [email protected]
Chamber of Commerce number: 85855138
VAT identification number: NL863768660B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
  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, this will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically be made in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, this will be done before the distance contract is concluded indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can opt out in the event of conflicting general terms and conditions. always rely on the applicable provision that is most favorable to him.
  5. If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, thenft the agreement and these conditions will otherwise remain in force and the relevant provision will be mutually agreed upon consultation will be immediately replaced by a provision that approximates the scope of the original as much as possible.
  6. Situations that are not regulated in these general terms and conditions must 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 expressly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt 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 good assessment of the offer by the consumer. If the entrepreneur uses uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
  • the price includes taxes;
  • the possible costs of shipping;
  • the manner in which the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
  • whether the agreement is archived after its conclusion, and if so, where it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted 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 long-term transaction.

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance is not by the entrepreneur confirmed, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer electronically can pay, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information with the product or service, in writing or on such datein any way that it can be stored by the consumer in an accessible manner on a durable data carrier, include:
  • the visiting address of the entrepreneur's branch 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 information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution 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 only applies to the first delivery.
  • Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.
  • For all products you must be 18 years or older, by including these products in your order you confirm that you have already reached the minimum age of 18 years. If in doubt, a copy of your ID may be requested.
  • Purchasing products via this website is entirely at your own risk. We cannot be held responsible for damage resulting from the use of delivered products.
  • You have carefully read and understood the information page about the product. Follow all directions about the product on our website and heed all warnings.
  • You are personally responsible for the care of ordered products. Keep them in a safe place, out of the reach of children, pets and people with reduced judgment, unless the product is intended for the above-mentioned target groups.
  • All our products are definitely not for human consumption and should always be kept out of the reach of children, animals and people who are less responsible.
  • All our products are sold for RESEARCH PURPOSES ONLY. We are therefore not liable for use for purposes other than the aforementioned.
  • Everyone who buys from our webshop must be 18 years or older. If in doubt, we can cancel an order and/or ask for identity information.
  • We are never liable for consequences arising from use other than those mentioned above. When conducting research, we therefore assume that you have sufficient knowledge to do this.
  • Article 6 - Right of withdrawal

    On delivery of products:

    1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or in advance by the consumer representative designated and made known to the entrepreneur.
    2. During the cooling-off period, the consumer will handle the product and 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 If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable price provided by the entrepreneur. and clear instructions.
    3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
    4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3. has not returned the product to the entrepreneur, the purchase is a fact.

    When providing services:

    1. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
    2. To useexercise his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

    Article 7 - Costs in case of withdrawal

    1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
    2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer whether conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
    3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
    4. 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 must be done before concluding the purchase agreement.

    Article 8 - Exclusion of right of withdrawal

    1. The entrepreneur 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 entrepreneur clearly states this in the offer, at least in time before the conclusion. of the agreement, has stated.
    2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that can spoil or age quickly;
    • the price of which 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 hygienic products of which the consumer has broken the seal.
  • Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
    • the delivery of which has started with the consumer's express consent before the cooling-off period has expired;
    • concerning betting 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 will not be increased, except for price changes as a result of changes in VAT rates.
    2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This bondage to fluctuations and the fact that any prices stated are target prices will be stated in the offer. 
    3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
    4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 
    • these are the result of legal regulations or provisions; or
    • the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  • The prices stated in the offer of products or services include VAT.
  • All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
  • Article 10 - Conformity and warranty

    1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the conditions on the date the agreement was concluded. existing legal provisions and/or government regulations. If agreed, the entrepreneur is there toons 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 under the agreement.
    3. The legal warranty applies to all products. The duration of the legal warranty may differ based on the nature of the product. 
    4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
    5. The warranty does not apply if:
    • the consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
    • the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
    • the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

    Article 11 - Delivery and execution

    1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
    2. The place of delivery is the address that the consumer has provided 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 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 be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. The consumer has in in that case the right to terminate the agreement without costs. The consumer is not entitled to compensation. 
    4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
    5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
    6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are 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 expressly agreed otherwise.

    Article 12 - Duration transactions: duration, termination and extension

    Cancellation

    1. The consumer can enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity)  or services, cancel at any time, taking into account what has been agreed cancellation rules and a notice period of no more than one month.
    2. The consumer can enter into an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity)  or services, at any time towards the end of the fixed term, taking into account of agreed cancellation rules and a notice period of no more than one month.
    3. The consumer can cancel the agreements mentioned in the previous paragraphs:
    • cancel at any time and not be limited to cancellation at a certain time or in a certain period;
    • cancel at least in the same manner as they were entered into by him;
    • always cancel with the same notice period as the entrepreneur has agreed for himself.

    Extension

    1. An agreement that applies to certain  time has been entered into and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.
    2. Notwithstanding the previous paragraph, an agreement mayentry that applies to certain  time  has been entered into and which extends to the regular delivery of daily, news and weekly newspapers and magazines can be tacitly extended for a specified period of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
    3. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period. of a maximum of one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
    4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription)  is not tacitly continued and ends automatically at the end of the trial or introductory period.

    Expensive

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

    Article 13 - Payment

    1. 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 an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
    2. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
    3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

    Article 14 - Complaints procedure

    1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur 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 do so within the period of 14 days replied with a confirmation of receipt and an indication 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 procedure.
    5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

    Article 15 - Disputes

    1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives in the buitenland.
    2. The Vienna Sales Convention does not apply.

    Article 16 - Additional or deviating provisions

    Additional or deviating provisions 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 accessed by the consumer in an accessible manner. stored on a durable data carrier.



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