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General Terms & Conditions
ARTICLE 1 - DEFINITIONS
The following terms bear the meaning assigned to them for the purpose o fthese general terms and conditions:
- Withdrawal period: the period within which the consumer can make use of his /her right of withdrawal;
- Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance agreement with the trader;
- Day: calendar day;
- Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
- Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
- Trader: the natural or legal person who offers products and/or services to consumers from a distance;
- Distance agreement: an agreement for which sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same place at the same time.
- Definitive purchase: any purchase that has not been withdrawn.
- Membership / cartholder: any natural person that has requested and received a CHASIN' membership card, or has requested a membership on any of the CHASIN' websites.
- Nett purchasing price: the purchasing price reducted with eventual discounts, cheques, giftcards, alteration costs, shipping costs and or every reduction on the purchasing price for any matter.
- CHASIN' : Chasin' B.V.
- Savings amount: the amount of saved membership points by a member / cartholder registered to the CHASIN' member card.
ARTICLE 2 - IDENTITY OF THE TRADER
Anthony Fokkerweg 61
1059 CP Amsterdam
On working days from 8:30 a.m. to 5 p.m.
E-mail address: firstname.lastname@example.org
CoC number: 60792094
VAT-identification number: NL803603599B01
ARTICLE 3 - APPLICABILITY
- These general terms and conditions apply to every offer made by a trader and to every distance agreement that is realized between a trader and a consumer.
- Prior to the conclusion of a distance agreemnet, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance agreement is concluded, that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
- In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
ARTICLE 4 - THE OFFER
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the products and/or services being offered.
- The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
- Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
a. The price, including taxes;
b. Any costs of delivery
c. The way in which the agreement shall be concluded and which actions this will require;
d. Whether or not the right of withdrawal applies;
e. The method of payment, delivery and implementation of the agreement;
f. The period for accepting the offer or the period for which the trader guarantees the price;
g. The size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
h. If an agreement is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
i. The way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
j. The languages in which, in addition to Dutch, the contract can be concluded;
k. The behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and
l. The minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.
ARTICLE 5 - THE AGREEMENT
- The minimum duration of the distance agreement in the event of a contract that involves the continual or periodical supply of products or services.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
- If the agreement is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
- The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance agreement. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
- Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
e. the requirements for terminating the agreement if the duration of the contract exceeds one year or is indefinite.
In case of a extended duration agreement, the stipulation in the previous paragraph applies only to the first delivery.
ARTICLE 6 - RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us [Chasin' B.V. , Anthony Fokkerweg 61, 1059 CP Amsterdam, The Netherlands, Telephonenumber: +31(0)26-3193457, E-Mail: email@example.com] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
- If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
- If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 14 days after the goods were returned or after the withdrawal.
ARTICLE 8 - PRECLUSION FROM RIGHT OF WITHDRAWAL
- The trader can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the agreement.
- Preclusion from the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with the consumer's specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due their nature;
ARTICLE 9 - THE PRICE
- During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
- Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
- Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
- Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
a. they are the result of statutory regulations or stipulations; or\
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
- Prices stated in offers of products or services include VAT.
ARTICLE 10 - CONFORMITY AND GUARANTEE
- The trader guarantees that the products and/or services fulfill the agreement the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the agreement was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
- A guarantee arrangement offered by the trader, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the agreement, can enforce against the trader.
ARTICLE 11 - SUPPLY AND IMPLEMENTATION
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is deemed to be the address that the consumer makes known to the company.
- Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the agreement free of charge and a right to possible damages.
- In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
- Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.
- The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
ARTICLE 12 - EXTENDED DURATION TRANSACTIONS
- A consumer has the right at all times to terminate an agreement that has been concluded for an indefinite period of time, taking into consideration the applicable termination rules and a termination period of at the most one month.
- The maximum validity of an agreement concluded for an indefinite period of time is two years. In the event that the contract has been made that the distance agreement will be automatically extended, then the agreement will be continued as an agreement for an indefinite period of time and the maximum period of notice after continuation of the agreement will be one month.
ARTICLE 13 - PAYMENT
- As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of an agreement to provide a service this 14 days start on the moment the consumer receives the traders confirmation of the agreement.
- When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
- In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
- The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
- Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
- A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
- If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.
ARTICLE 15 - DISPUTES
- Agreements entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
- The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
- The dispute should be submitted to the Disputes Committee, in writing, at the latest by three months after the dispute arose.
- If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. If it is at the wishes of the trader, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court.
- Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice.
- The Disputes Committee will not deal with a dispute – or will terminate their intervention – if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.
ARTICLE 16 - ADDITIONAL OF DIFFERENT STIPULATIONS
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
1.1 The following terms bear the meaning assigned to them for the purposes of these general terms and conditions:
a. Definitive purchase: any purchase made by a loyalty member / card holder that has not been withdrawn;
b. Card holder / loyalty member: any natural person that has requested and received a CHASIN' membership card or has entered the membership program through one of CHASIN's websites;
c. Nett purchasing amount: the purchasing amount, reduced by discounts, cheques, gift certificates, alteration costs, shipping costs and /or any possible reduction on the selling price of any form;
d. CHASIN': Chasin' B.V.
e. Member points / saving points: a credit point in the savings program
e. Savings program: the possibility of saving points while purchasing at CHASIN' in stores or through CHASIN's websites.
f. Savings amount: the amount of saved membership points by a member / cartholder registered to the CHASIN' member card.
g. Terms and conditions: the general terms and conditions CHASIN' membership / connect card.
2.1 These terms and conditions are applicable to any offer of distance agreement made by CHASIN' and any customer.
2.2 The exact terms and conditions will be disclosed to you on the CHASIN' website, in order for you to review.
2.3 In case of distance agreement made through electronic means, the text of these terms and conditions may be provided to you in electronic form before the distance agreement is concluded in such a manner that it is possible for you to store them easily on sustainable media. Should it not be reasonably possible to do so, before a distance agreement is concluded, you will be notified as te where you may find thse terms and conditions.
2.4 CHASIN' reserves the right to change these terms and conditions at all times, in which case the terms and conditions will only be applicable to agreements made after publication of the revised terms and agreements.
3. Requesting a CHASIN' membership/loyalty card
3.1 Every natural person with his regular domicile in Europe, can request a CHASIN' membership card.
3.2 Under the age of 18, a person must have permission of a legal guardian.
3.3 With a CHASIN' membership card and it's unique membership number, a person can partake in the CHASIN' savings program.
3.4 A CHASIN' membership card can be requested in every CHASIN' store, through any of CHASIN's websites and through the CHASIN' app.
3.5 At the activation of a CHASIN' member card, 1 savings point will be deducted from the savings amount.
3.6 Every CHASIN' member card remains the sole property of CHASIN'.
3.7 A CHASIN' member card is strictly personal and cannot be transfered to another person.
4. Privacy and personal data
4.1 CHASIN' membership involves processing of personal and other data entered by the CHASIN' member upon registration or later.
4.2 This data is processed as to correctly process the application or necessary changes of this data.
4.3 Data may be used to provide personalized information to members who have agreed to receive offers, deals or information from CHASIN'.
4.4 Members can unsubscribe from services as mentioned above, through their account on the CHASIN' sites, or customer service.
4.5 CHASIN' stores purchase data of its members. This data is used for performance and optimization analysis so we can serve our members better.
4.6 The storage of personal data has been reported to the Dutch Data Protection Authority. None of this data will be made available to third parties, except for cases that are regulated in the General Data Protection Regulation.
4.7 A CHASIN' member has the right to inspect personal data and has the right to submit a request to have data changed and/or removed. To submit such a request, please contact CHASIN' Customer Service through firstname.lastname@example.org
5. CHASIN' savings program
5.1 By notification of a CHASIN' member program number, a member saves 5% of each nett purchasing amount of a definitive purchase in saving points.
5.2 The member points will be credited to the savings program within 24 hours after the definitive purchase.
5.3 The savings amount can only be spent on purchases in a CHASIN' brand store, CHASIN's websites or the CHASIN' App.
5.4 The value of a savings point is € 1,00 (one euro).
5.5 Savings points can not be used for shipping or alteration costs.
5.6 If a purchase has been paid in full or partially with savings points and is withdrawn, the converted savings points will be refunded on the membership account.
5.7 The savings amount can not be exchanged for cash money.
5.8 The savings amount is stricly personal and can not be transfered to another person.
5.9 The savings amount can be requested at any CHASIN' brand store, on CHASIN's websites and in the CHASIN' app.
5.10 A member point is cancelled 6 months after the member piont has been acquired.
6. Termination of participation
6.1 A card holder can terminate his participation in the member program at any time.
6.2 Termination can be done in any CHASIN' brand store or by sending an e-mail to email@example.com.
6.3 By terminating the membership, the entire savings amount will be cancelled immediately without any compensation.
6.4 CHASIN' reserves the right to terminate the member program at any time.
6.5 CHASIN' will notify its members at least three months in advance to notify of the termination of the member program.
6.6 Until the termination date, member points can be acquired and converted. After that date, no member points can acquired or converted.
7. Liability, loss and theft
7.1 CHASIN' is not responsible for and can not be held liable for the loss, damage or theft of a member card.
7.2 A member is obliged to inform CHASIN' about loss, theft or damages to a card as soon as possible. CHASIN' will block the card upon this notification and if wanted issue a new card. The savings amount will be transfered to the new member card.
7.3 Member points can be acquired or converted by logging in to the CHASIN' websites, or stating postal code and name in a CHASIN' brand store.
7.4 CHASIN' can not be held liable for abuse, unauthorized usage or fraud with a CHASIN' member card.
7.5 in case the member converts points that were acquired unfairly, member is obliged to pay a compensation in the amount of the actual worth of the converted credits.
8. Governing law and jurisdiction
8.1 These terms and conditions are to be construed in accordance with teh lasw of The Netherlands and inthe event of any dispute or claoim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.
9. Other stipulations
9.1 CHASIN' reserves the right to revoke or change the terms and conditions at any moment. In case of an alteration to the terms and conditions, CHASIN' will inform its members about these changes and send the terms and conditions to the latest known e-mail or street address.
TEMPLATE FORM REVOKES
Template form revokes
(Only submit this form when you’d like to revoke the agreement
To: Chasin' B.V.
6921 RE Duiven
I/We* would like to inform you that our agreement regarding
the sales of the following products: [indication product]*
the delivery of the following digital contents: [indication digital contents]*
the execution of the following service: [indication service]*
Ordered at*/receieved at* [order date for services or received date for products]
[Signature consumer(s)] (only when submitting this form by paper)
*Strike out non-applicable options or fill in applicable options.