Mediation conditions

MEDIATION CONDITIONS

 

BUSINESS CONSTRUCTION

The offer of movable property on the Website is not sold by the Website owner, but by the Seller. When purchasing movable property, a contract is therefore concluded between the Buyer and the Seller. Website owner is therefore not a party to this sales agreement. The general terms and conditions that apply between the Seller and the Buyer are included in this document for convenience. Note: these general terms and conditions apply between the Buyer and the Seller and can therefore not be invoked against the Website Holder.

If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Buying Directive applies. This directive includes the following rights and guarantees:

- Seller must provide Buyer with clear and written information regarding taxes, payment, delivery and performance of the agreement.

- The buyer receives an order within 30 days, unless a different period has been agreed with the seller. If the movable item concerned is not (or no longer) available, the Seller must inform the Buyer thereof. Any (down) payments must be refunded within thirty days, unless the Seller delivers a comparable movable property.

- The Buyer has a right of withdrawal, meaning that the Buyer can reverse the purchase for at least fourteen days without giving any reason. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within thirty days.

 

 

 

ARTICLE 1 - DEFINITIONS

In these mediation conditions the following terms have the following meanings:

  1. Website: platform made available via www.dewielerwinkel.nl, including all associated subdomains.

 

  1. Website holder: the company Joritrading, which is located at Van Arkelstraat 24, 4147 BJ in Asperen. registered with the Chamber of Commerce under number 73968129

 

  1. Buyer: the person who makes a purchase on the above website.

 

  1. Seller: company that sells movable property to the Buyer, either as a producer or as a trader.

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ARTICLE 2 - BUYER'S RIGHTS

If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Buying Directive applies. This directive includes the following rights and guarantees:

  1. The Seller must provide the Buyer with clear and written information regarding taxes, payment, delivery and performance of the agreement.

 

  1. The buyer receives an order within 30 days, unless a different period has been agreed with the seller. If the movable item concerned is not (or no longer) available, the Seller must inform the Buyer thereof. Any (down) payments must be refunded within thirty days, unless the Seller delivers a comparable movable property.

 

  1. The Buyer has a right of withdrawal, meaning that the Buyer can reverse the purchase for at least fourteen days without giving any reason. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within thirty days.

 

ARTICLE 3 - NATURE OF THE MEDIATION SERVICE

  1. The offer of movable property on the Website is not sold by the Website owner, but by the Seller. When purchasing movable property, a contract is therefore concluded between the Buyer and the Seller. Website owner is therefore not a party to this sales agreement.

 

  1. Certain movable property is purchased from third parties, whether or not established in the European Union, via the Website.

 

  1. The service provided by the Website Owner is a mediation service that is provided to a third party. When ordering a movable property via the Website, the Website Holder is authorized to act as a mediator, on behalf of the Buyer and at the expense of the Buyer, and to order the movable property from the actual Seller of the relevant movable property.

 

  1. If the actual Seller is established outside the Netherlands and the movable property in question must therefore be imported, this will be done under the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs are for the account of the Buyer.

 

 

ARTICLE 4 - PAYMENT

  1. Payment processing of the purchased product is handled through the Website owner. Website owner also ensures (continued) payment to the actual Seller.

 

  1. It is possible that the prices stated on the Website differ from the amounts that Website Holder pays (on) to the actual Seller. It is possible that the Seller is given the opportunity to purchase the product for a lower amount after it has been purchased by the Buyer. In these cases, the difference between the amount paid by the Buyer and the amount paid to the actual Seller is regarded as compensation for the mediation service provided by the Website Holder to the third party.

 

ARTICLE 5 - COMPLAINT PROCEDURE

  1. In the event that the Buyer is dissatisfied with the manner in which the (mediation) agreement has been implemented, this can be made known to the Website Owner via the contact details stated on the Website. Every report made by the Buyer will be processed by the Website Owner with the utmost care and as soon as possible. The website owner will give a substantive response to the Buyer no later than fourteen days after receipt of the notification.

 

  1. In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, the buyer can turn to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Terms and Conditions

 

INDEX:

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 of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and implementation

Article 12 - Duration Trades: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different terms

ARTICLE 1 - DEFINITIONS

In these terms and conditions shall apply:

 

Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession, business or craft and enters into an agreement with the entrepreneur;

Day: calendar;

Digital content: data that is produced and delivered in digital form;

Duration transaction: an agreement relating to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;

Durable data carrier: any (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information, including e-mail.

Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;

Model form: the form for withdrawal that is made available to the consumer by the entrepreneur and can be filled in by the consumer when he wants to make use of his right of withdrawal;

Entrepreneur: the natural or legal person who offers products and / or (access to) digital content and / or services to consumers at a distance;

Distance contract: an agreement in which, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques for distance communication with the consumer;

Technique for distance communication: means that can be used to conclude a distance contract, without the consumer and entrepreneur being together in the same room at the same time;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

 

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Name entrepreneur; Bao Yong. ANHUI JINLUO IMPORT AND EXPORT TRADE CO., LTD

Business address; No. 183, Xiahou Lane, Qiaocheng District, Bozhou City, Anhui Province

Business license No.:91341600MA2TE7P448

VAT identification number. 91341600MA2TE7P448 (Same as Chamber of Commerce in China)

ARTICLE 3 - APPLICABILITY

  1. These terms and conditions apply to any offer of the entrepreneur and to any established agreement on distance and orders 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur, how they can be viewed and that these general terms and conditions are requested as soon as possible by the consumer. may be sent free of charge.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can do so in a can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
  5. In the event that one or more provisions in these general terms and conditions have been wholly or partially declared null or void at any time, these general terms and conditions will remain in effect for the rest and the relevant voided or void provision will be immediately replaced by mutual agreement by a provision that comes as close as possible to the tenor of the original.
  6. Situations that are not regulated in these general terms and conditions must be assessed according to these general terms and conditions.
  7. Uncertainties about the explanation or content of one or more provisions of our conditions must be explained to these general conditions.

 

ARTICLE 4 - THE OFFER

  1. If an offer is valid for a limited period of time or is made subject to conditions with suspensive or dissolving effect, or any other condition, this will be explicitly stated in the offer.
  2. The offer of the entrepreneur is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer of the entrepreneur contains a description of the offered products and / or services, which is always complete and accurate. The offer includes a sufficiently detailed description to allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of any images that imply that these images show the offered product, then these are a truthful representation of the offered products and / or services. Obvious mistakes or obvious errors in the offer cannot bind the entrepreneur.
  4. Pictures with products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
  5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in the

special:

  • The price including taxes;
  • The possible shipping costs;
  • The manner in which the agreement will be established and what action is required for this purpose;
  • whether or not the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
  • The minimum duration of the remote agreement in case of a long-term transaction.
  • apply the right of withdrawal;
  • The manner of payment, delivery and execution of the agreement;

 

ARTICLE 5 - THE AGREEMENT

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. In the event that the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm 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.
  3. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
  4. The entrepreneur can inform himself within legal frameworks 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, stating reasons, or to attach special conditions to the execution.
  5. The entrepreneur will send to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service or the digital content:
  6. The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
  7. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
  8. The information about guarantees and existing post-purchase service;
  9. the price, including taxes, of the product, service or digital content;
  10. the costs of delivery, if applicable;
  11. the method of payment, delivery or implementation of the distance contract;
  12. The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;
  13. in the event that the consumer has a right of withdrawal, the model withdrawal form.
  14. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

When delivering products:

  1. When purchasing products for 14 days, the consumer has the option of dissolving the contract without giving any reason.

 

  1. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

India:

  1. the consumer has ordered several products in the same order, the reflection period commences on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for several products with different delivery times, provided that he has clearly informed the consumer about this prior to the ordering process.
  2. the delivery of a product consists of several shipments or parts, the reflection period commences on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  3. the agreement extends to the regular delivery of products during a certain period, the reflection period commences on the day on which the consumer, or a third party designated by him, has received the first product.

 

For services and digital content that are not supplied on a tangible medium:

  1. In the event that a service agreement or an agreement for the supply of digital content has not been delivered on a tangible medium, the consumer can terminate the agreement without giving any reason for fourteen days. These fourteen days commence on the day following the conclusion of the agreement.

 

Extended reflection period for products, services and digital content that have not been delivered on a tangible medium if you do not inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.

 

  1. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original appraisal, the term of office expires 14 days after the date on which the consumer has received that information.

 

  1. During the cooling-off period, the consumer will handle the product and the 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 with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

  1. When the consumer wishes to withdraw his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the product. To inform the consumer through the model form. After the consumer has announced that he wants to withdraw his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in time, for example by means of proof of shipment.

 

ARTICLE 7 - COSTS OF EXERCISE OF THE RIGHT OF WITHDRAWAL

  1. When exercising the right of withdrawal by the consumer, at most the costs of return will be for his account.
  2. The entrepreneur will repay the purchase amount as soon as possible, but no later than 14 days after cancellation, in the same way as used by the consumer. This requires return by the merchant or conclusive proof of complete return.
  3. Any depreciation of the product caused by careless handling is at the expense of the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This must be done before the purchase agreement is concluded.

 

 

ARTICLE 8 - EXCLUSION FROM THE RIGHT OF WITHDRAWAL

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement, and it concerns one of the products listed in paragraphs 2 and 3.
  2. Exclusion is only possible for the following products:
  3. that have been established by the entrepreneur in accordance with the consumer's specifications;
  4. that are clearly personal in nature;
  5. that spoil or become obsolete;
  6. whose price depends on fluctuations in the financial market over which the trader has no influence;
  7. for individual newspapers and magazines;
  8. for audio and video recordings and computer software of which the consumer has broken the seal;
  9. For hygienic products whose consumer has broken the seal.

 

  1. Exclusion is only possible for the following services:
  2. Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
  3. Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
  4. concerning bets and lotteries

 

 

ARTICLE 9 - PRICE

  1. During the period of validity of 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.

 

  1. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.

 

  1. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions

 

  1. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
  2. they are the result of legislation or regulations; whether
  3. The consumer has the power to cancel the agreement as of the date of the price increase.

 

  1. The prices mentioned in the offer of products or services include VAT.

 

  1. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

ARTICLE 10 - WARRANTY AND CONFORMITY

  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 legal provisions and / or existing provisions on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

 

  1. A warranty 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. This is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

 

  1. Any defects or incorrectly delivered products must be reported in writing within 4 weeks after delivery to the entrepreneur. Returns of the products must be done in the original packaging and in a state of the art.

 

  1. The guarantee does not apply if:
  2. The consumer has repaired and / or processed the products themselves or has been repaired and / or edited by third parties;
  3. The products delivered to abnormal conditions have been exposed or otherwise treated with care or contrary to the instructions of the entrepreneur and / or treated on the package;
  4. The invalidity is wholly or partly the result of regulations that the government has imposed or will make regarding the nature or quality of the materials used.

 

ARTICLE 11 - DELIVERY AND EXECUTION

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

 

  1. The place of delivery is the address that the consumer has informed to the company.

 

  1. Considering what is stated in paragraph 4 of this article, the company will execute accepted orders at an accelerated speed, but not later than 30 days, unless consumers agree with a longer delivery period. If delivery is delayed or if an order can not be executed or only partially, the consumer will receive it by 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.

 

  1. All delivery terms are indicative. The stipulated time limits can not be deducted from the consumer. Exceeding a time limit does not entitle the consumer to damages.

 

  1. In case of dissolution pursuant to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.

 

  1. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.

 

  1. 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 explicitly agreed otherwise.

 

ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION

Termination

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

 

  1. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.

 

  1. The consumer can agree the agreements mentioned in the previous paragraphs:
  2. Terminate at all times and not be restricted to termination at a particular time or in a certain period;
  3. At least terminate in the same manner as they have been incurred by him;
  4. Always terminate with the same notice period as the entrepreneur has undertaken for himself.

Extension

  1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.

 

  1. By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily newspapers and magazines and magazines may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement terminate the end of the renewal with a notice period of no more than one month.

 

  1. An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

 

  1. A contract of limited duration to the regular 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 an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists 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 after commencement of the commencement term as referred to in article 6 member 1. In the event of an agreement to provide a service, this period will be accepted after the consumer has received the confirmation of the agreement.

 

  1. The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator

 

  1. In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known

 

ARTICLE 14 - COMPLAINTS

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.

 

  1. Complaints about the performance of the agreement must be submitted fully and clearly to the entrepreneur within a reasonable time after the consumer has identified the defects.

 

  1. Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer

 

  1. If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.

 

ARTICLE 15 - DISPUTES

Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.

 

ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner

MODEL FORM FOR WITHDRAWAL

Only complete and return this form if you wish to withdraw from the contract

- On:

Name of company

Address

Zip code

E-mail

Telephone number

- I / We (*) share / share (*) hereby inform you that I / we (*) revoke / revoke our agreement regarding the sale of the following goods / delivery of the following service (*):

 

 

 

 

- Ordered on (DD-MM-YYYY): - Order number:

 

 

 

 

Received on (DD-MM-YYYY):

 

 

 

- Name / Names consumer (s)

 

 

 

- Address of consumer (s):

 

 

 

 

- IBAN bank account:

 

 

 

 

 

 

- Signature of consumer (s) (only if this form is submitted on paper)

 

 

 

 

 

 

 

- Date (DD-MM-YYYY):

 

 

 

 

 

(*) Strike out what does not apply.

 

 

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