Article 1 - Definitions.
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
- Bye: 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 data medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of Withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
- Remote Agreement: an agreement under which, within the framework of a system organized 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;
- Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Branch address (No visitor address)
Industry Street 46
5405 AJ Uden
E-mail address: [email protected]
Chamber of Commerce number: 84623284
Article 3 - Applicability.
- These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
- 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
- In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
- 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 entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious 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.
Article 5 - The Agreement
- The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
- The entrepreneur may - 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
- The personal and/or business data processed by the customer in the course of its business are (also) used by it or by third parties to whom the claims are assigned (transferred) for or in: a) risk analyses b) the prevention, detection and combating of fraud or irregularities.
- Payment must be made within the specified payment period to Billink B.V. (hereinafter "Billink"). All rights by virtue of the claim have been transferred by us to Billink, who will take care of the collection of the claim. Your data will be reviewed and recorded by or on behalf of Billink, this data may be used, among other things, for the collection of receivables and review of orders in the implementation of the acceptance policy of affiliated organizations. Billink reserves the right to refuse a customer's request for payment on account. The payment term used is a strict deadline. If payment is not made on time, the client is therefore in default without notice of default and Billink is entitled to charge contractual interest of 0.75% per month (whereby part of a month is considered a whole month) from the due date of the invoice. Billink is also entitled to charge the customer extrajudicial collection costs pursuant to the law. In the case of business customers, Billink is also entitled to charge the customer for reminder and reminder costs, without prejudice to Billink's right to charge the customer for costs actually incurred should these exceed the amount thus calculated. Billink is also entitled to transfer the claim to a third party. In such case, that which is stipulated in the foregoing with regard to Billink shall also be transferred to the third party to whom the claim has been transferred."
- The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the trader's branch where the consumer can address complaints;
b. the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data 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 of indefinite duration.
- In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
- During the reflection period, the consumer will handle the product and its packaging with care. The customer 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. After the notification of return, the customer has 14 days to return the product.
- Custom options are available when purchasing a custom-made product. These cannot be returned. Unless otherwise agreed with Clever Gaming.
- When assembling products independently, the right of withdrawal expires. Clever Gaming offers the option to purchase products assembled.
When providing services:
- When providing services, the consumer has the option of dissolving the agreement without giving reasons for at least 7 days, Incidentally, the service provided will not be removed at the expense of Clever Gaming. starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
- Costs to repair a product within the warranty period will be reimbursed from the border of the Netherlands. For a package, this reimbursement amounts to 6.95 euros.
Article 8 - Exclusion of the right of withdrawal.
- The trader can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with consumer specifications;
- that are clearly personal in nature; (example, customized products)
- which by their nature cannot be returned;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- products to the point where they can no longer be sold.
- for audio and video recordings and computer software for which the consumer has broken the seal.
- Independent assembly of products.
- Independent assembly of chips.
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.
- Notwithstanding 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 prices mentioned are target prices will be mentioned in the offer.
- Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the contract as of 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 trader guarantees 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 legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- 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.
- If due to updates from an external party, parts of the product no longer work. Is the seller not liable for this and is outside the warranty right.
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 that the consumer has made known to the company.
- Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
- 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 proves impossible, the entrepreneur will make an effort to provide a replacement item. 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 any 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 or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.
Article 12 - Payment
- As far as not otherwise agreed upon, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
- In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Article 13 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint 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.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
Article 14 - Disputes.
- As of Feb. 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere, you are free to file your complaint through the European Union platform.
Article 15 - Additional or different provisions
Additional provisions or provisions deviating from these general 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 data carrier.