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General terms and conditions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
- Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
- Distance contract: an agreement where, in the context of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Day: calendar day;
- 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;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Alpha Supps
- Email address: [email protected]
- Chamber of commerce number: 53733339
Article 2 - entrepreneur
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and consumers.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
- 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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
Article 3 - company information
- Alpha Supps
- E-mail address: [email protected]
- Chamber of commerce number: 53733339
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- Price including taxes;
- Any delivery costs;
- The manner in which the agreement will be established and the actions required to do so;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery or performance of the agreement;
- The deadline for accepting the offer or the deadline for honouring the price;
- The amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the basic rate;
- If the agreement is archived after conclusion, in what way it can be accessed by the consumer;
- The manner in which the consumer can become aware of acts not wanted by him before the conclusion of the contract and the manner in which he can rectify them before the contract is concluded;
- Any languages in which, in addition to Dutch, the agreement may be concluded;
- The codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically;
- The minimum duration of the distance contract in the case of a contract for continuous or periodic delivery of products or services.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance is confirmed, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.
- The trader will send the following information along with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal; d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these data before the performance of the contract;
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
During this period, the consumer will handle the product and its 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 he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When purchasing products, consumers have the option of dissolving the agreement without giving reasons for 14 days. This period starts the day after receipt of the product by or on behalf of the consumer. After this notification, the consumer has another 14 days to actually return the product.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
- If the consumer has paid an amount, the operator will refund the full amount as soon as possible, but no later than 14 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products: a) that are clearly of a personal nature; b) that spoil or age quickly; c) for single newspapers and magazines; d) for audio and video recordings and computer software of which the consumer has broken the seal; e) of which the price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control; f) that cannot be returned due to their nature; g) that were created by the Entrepreneur according to the Consumer's specifications.
Article 9 - The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
- Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after concluding the contract are only allowed if the trader has stipulated it and: a) they are the result of legal regulations or provisions; or b) the consumer is authorised to cancel the contract on the day the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
- An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader on the basis of the law and/or the distance contract with regard to a shortcoming in the trader's obligations.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address the consumer has made known to the company.
- Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period was agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
- Textual errors on the website do not automatically lead to dissolution of the agreement. The entrepreneur and the customer will reach a solution by mutual agreement.
If you do not collect your order on time (e.g. at a PostNL parcel point), or if you provide a wrong address yourself, and your order is returned to us, we are obliged to charge you for the return postage (€ 6.95).
Article 12 - Payment
A) Unless otherwise agreed, the amounts owed by the consumer should be paid before delivery of the goods.
B) The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
C) In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
D) You can always contact the information in Article 3 if you have any questions.
Article 13 - Complaints procedure
- The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects.
- 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 respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer. Sales by Alpha Supps.nl and its agreements and the performance thereof shall be governed exclusively by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.
- For complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and for complaints that cannot be solved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (webshopkeur.nl), it will mediate for free. Check if this online shop has a current membership via https://www.webwinkelkeur.nl/leden/. Should a solution still not be found, the consumer has the option to have his complaint dealt with by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
- If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 14 - Applicable law and competent court.
Dutch law applies to all agreements concluded. The competent court is the court in the domicile of the entrepreneur.