Terms and conditions

The terms and conditions consist of the following articles

Article 1 – Definitions
Article 2 – Identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of BACS in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance
Article 13 – Delivery and execution
Article 14 – Complaints
Article 15 – Disputes

 

Article 1 – Definitions

Business day: any day in which normal business operations are conducted;
Cooling-off period: the period in which the consumer can make use of his right of withdrawal;
Consumer: the individual who does not act for purposes related to their trade, business, craft or professional activity;
Day: calendar day;
Distance agreement: an agreement which is concluded between BACS and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes one or more techniques for distance communication;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers, hereinafter referred to as BACS;
Model form of cancellation: the European model form for cancellation included in Appendix I of these terms and conditions; Right of withdrawal: the ability of the consumer to cancel the distance agreement within the cooling-off period;
Sustainable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time;

 

Article 2 – Identity of BACS

Website: bacsdesign.nl
E-mail address: info@bacsdesign.nl
Chamber of Commerce: 53522885

 

Article 3 – Applicability

These general terms and conditions apply to every offer from BACS and to every distance contract concluded between BACS and consumer.

Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, BACS will indicate this before the distance contract is concluded, how the general terms and conditions can be viewed and that they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, contrary to 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 the consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions the consumer can always invoke the applicable provision that is most favorable to him.

 

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If BACS uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind BACS.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 5 – The agreement

The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, BACS will immediately confirm receipt of the acceptance of the offer electronically. As long as BACS has not confirmed receipt of this acceptance, the consumer can terminate the agreement.

If the agreement is concluded electronically, BACS will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, BACS will take appropriate security measures.

BACS can – within the law – investigate if 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 agreement. If on the basis of this investigation BACS has good reasons not to enter into the agreement, BACS is entitled to refuse an order or request or to attach special conditions to the implementation.

BACS will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. The contact information of BACS to which the consumer can write with complaints;
  2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about guarantees and existing service after purchase;
  4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
  5. the requirements for canceling the agreement if the agreement has a duration of   more than one year or is of indefinite duration;
  6. if the consumer has a right of withdrawal, the model form for withdrawal.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 – Right of withdrawal

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. BACS may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. BACS may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times.

If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

 

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

 

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he must report this within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner to BACS.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it to (an agent of) BACS. This is not necessary if BACS has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by BACS.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.  The consumer bears the direct costs of returning the product. If the consumer returns part of the order and the final invoice amount, after settling the credit for the returned items, regular shipping costs will be charged. These are settled with the credit for the returned goods.

If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 – Obligations of BACS in the event of refund

BACS reimburses the payments made by the consumer, excluding any delivery costs charged by BACS for the returned product, without delay but within 30 days following the day on which the product has been returned.

BACS uses the same payment method that the consumer used for reimbursement. The reimbursement is free of charge for the consumer.

 

Article 10 – Exclusion of the right of withdrawal

BACS can exclude the following products and services from the right of withdrawal, but only if BACS has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price depends on fluctuations in the financial market over which BACS has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are
  3. offered by BACS to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
  4. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  5. products that spoil quickly or have a limited shelf life;
  6. sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery.

 

Article 11 – The price

During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates. Other taxes for your country are exclusive.

Contrary to the previous paragraph, BACS can offer products or services with variable prices that are subject to fluctuations in the financial market and over which BACS has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if BACS has stipulated this and:

  1. These are the result of statutory regulations or provisions; or
  2. the consumer has the authority to cancel the agreement with effect from the day on   which the price increase takes effect.

The prices stated in the range of products or services include VAT.

 

Article 12 – Compliance

BACS guarantees that the products and / or services are compliant with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.

 

Article 13 – Delivery and execution

BACS 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 the address that the consumer has made known to BACS. BACS will execute accepted orders with due speed, though at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, BACS will refund the amount that the consumer has paid within 30 days.

The risk of damage and / or loss of products rests with BACS until the moment of delivery to the consumer or a representative designated in advance and made known to BACS, unless explicitly agreed otherwise.

 

Article 14 – Complaints

Complaints submitted to BACS will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, BACS will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

 

Article 15 – Disputes

On agreements between BACS and the consumer to which these general terms and conditions apply, only Dutch law applies.

Annex I

Model form for cancellation

Only complete and return this form if you want to cancel the agreement

To: BACS
Email: XXXX

I / We hereby inform you that I / we revoke our agreement concerning the sale of the following products: (product description), ordered on/received on (order date with services or receipt with products)

(Consumer name (s))
(Consumer address (s))