General Conditions/Terms Poko B.V.
Article 1- Definitions
Article 2- Corporate Identity/Entrepreneur
Article 3- Relevance
Article 4- Offer
Article 5- Agreement
Article 6- Right of Withdrawal
Article 7- Withdrawal Costs
Article 8- Exclusion Right of Withdrawal
Article 9- Pricing
Article 10- Conformity and Guarantees
Article 11- Delivery and Execution
Article 12- Payments
Article 13- Complaints
Article 14- Disputes
Article 15 - Additional and Different Provisions
Article 1 - Definitions1. In these Conditions/Terms the following definitions are applicable:
2. Consideration time: the term during which the consumer can execute the right of withdrawal.
3. Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
4. Day: calendar day
5. A length transaction: a distance agreement related to a series of products which the delivery obligation and the purchasing are spread over a period of time.
6. Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
7. Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
8. Entrepreneur: the natural person or corporation who offers distance products to consumers.
9. Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
10. Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
Article 2 - Corporate Identity/EntrepreneurPoko B.V.
De Droogmakerij 22 D
NL-1851 LX Heiloo
Phone: Monday to Friday between 10.00 and 17.00
Chamber of commerce: 14069021
VAT: NL 809583057 B01
Article 3 - Relevance1. These general conditions apply to all offers of the entrepreneur and on any distance contract concluded and orders between entrepreneur and consumer.
2. Situations not listed in this terms and conditions are governed, should be assessed ' in spirit ' of these general conditions.
3. Lack of clarity about the interpretation or content of one or more provisions of our terms and conditions, to be explained ' the spirit ' of these terms and conditions.
Article 4 - OfferIf an offer has a limited validity or has other specifications, this will be emphatically mentioned.
The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable a proper consumer’s assessment of the products. The images used by the entrepreneur are true representations of the products. Obvious mistakes and errors do not bind the entrepreneur.
Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer.
This concerns in particular:
• price inclusive taxes.
• possible costs of delivery.
• the method of payment, delivery and performance.
• the deadline for accepting the offer or the period within which the entrepreneur guarantees the price.
Article 5 - The AgreementIf the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
• The address of the company for the consumer to file complaints
• The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
• Information about after sales guarantees and services.
Article 6 - Right of WithdrawalDeliverance of products:
After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Article 7 - Withdrawal CostsIf the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 8 - Exclusion Right of WithdrawalThe entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
a. Which are established by the entrepreneur according to specifications of the consumer
b. Which cannot be returned because of their nature
c. That can spoil or age quickly
d. For products which the consumer has broken the seal.
Article 9 - PricingDuring the validity period mentioned in the offer, the prices of the offered products shall be raised save for price changes due to changing VAT rates.
Notwithstanding the previous paragraph the entrepreneur can offer products with variable prices when these prices are subject to fluctuations on the market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
• These are the result of legal regulations or provisions; or
• The consumer has the competence to terminate the agreement from the day the price increase takes effect.
• The in the offer mentioned prices include VAT.
Article 10 - Conformity and GuaranteesThe entrepreneur ensures that the products measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
Article 11- Delivery and ExecutionThe entrepreneur shall observe in utmost care the reception and execution of orders of products.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
Taking into account what is stated in article 4 of the general conditions/terms , the entrepreneur shall execute the accepted orders expeditiously but not later than within 5 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 14 days after the termination.
The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed.
Article -12 PaymentsAs far as not agreed otherwise, the amounts owed by the consumer to be paid in advance.
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 13- ComplaintsThe entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.