Terms & Conditions

Contents:

Article   1 – Definitions

Article   2 – Identity of the Owner

Article   3 – Applicability

Article   4 – Availability and Description of Products

Article   5 – The Agreement

Article   6 – Right of withdrawal

Article 7 – Consumer’s obligations during the time of reflection

Article   8 – Costs in case of withdrawal

Article   9 – Exclusion of the right of withdrawal

Article   10 – Price

Article   11 – Compliance and Warranty

Article   12 – Delivery and Implementation

Article   13 – Transaction duration: Duration, Termination and Renewal

Article   14 – Payment

Article   15 – Complaints Procedure

Article   16 – Disputes

Article   17 – Additional or different terms


Article 1 – Definitions

In these Terms and Conditions the following definitions shall apply:

1. Grace period: the period within which the Customer can exercise the right of withdrawal;
2. Customer: the natural person not acting in pursuance of a profession or company, and entering into a distance agreement with the Owner;
3. Day: calendar day;
4. Transaction duration: a distance agreement on a range of products and/or services, of which the obligation to supply and/or purchase is spread over time;
5. Durable medium: any carrier that capacitates the Customer or the Owner to store information that is directed to them personally in such a way that it ensures future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the Consumer to cancel the agreement distantly within the grace period;
7. Owner: the natural person or legal entity that distantly offers products and/or services to Customers;
8. Distance agreement: an agreement in which one or more means of distance communication are used in the context of a distance selling system organized by the Owner for the sale of products and/or services until the conclusion of the agreement;
9. Technology for distance communication: a means that can be used to conclude an agreement without the Customer and Owner assembling in the same room.

Article 2 – Identity of the Owner

Company: Homeless
Address: Diligencehof 31, 1445MP, Purmerend
Email address: Info@byhomeless.com

Website: www.byhomeless.com
Commercial Register: 73223301
VAT identification number: NL208901292B01

If the Owner’s activities are subject to a relevant licensing regime: information about the supervising authority:

If the Owner has a regulated profession:

1. The professional association or organization with which he is affiliated;
2. The title of his profession, and the place in the European Union or the European Economic Area where it is awarded;
3. A reference to the professional regulations applicable in the Netherlands and instructions where and how these professional regulations can be accessed.  

Article 3 – Applicability

1. These general Terms and Conditions apply to every offer of the Owner and to any agreement concluded at distance between the Owner and the Customer.
2. Before the distance selling agreement is concluded, the content of these general Terms and Conditions will be made available to the Customer. Should this not be reasonably possible before the distance selling agreement is concluded, the Owner will indicate that the Customer may both inspect the Terms and Conditions at the Owner’s premises and request them to be sent to him as soon as possible and free of charge.
3. If the distance agreement is to be concluded electronically, in contravention of the preceding section and before the distance agreement is concluded, the content of these Terms and Conditions will be made available electronically to the Customer in such a way that they can be easily stored on a durable medium by the Customer. Should this not be reasonably possible before the distance selling agreement is concluded, the Owner will indicate both where the Terms and Conditions can be inspected electronically by the Customer, and also that the Customer can request them to be electronically sent to them or otherwise, free of charge.
4. In the event that apart from these Terms and Conditions, specific product or service terms and conditions also apply, the second and third sections shall apply in accordance. Consequently, in the event of conflicting terms and conditions the Customer may always claim the applicable condition that is most favorable to him.

Article 4 – The Offer

1. If an offer has a limited duration or is subject to particular terms and conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and/or services that are offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Customer. If the Owner choses to make use of images, those images will be an accurate reproduction of the products and/or services originally offered. Obvious mistakes or errors in the offer are not binding.
3. Each offer contains such information that it unequivocally explains the Customer’s rights and obligations which are attached to accepting the offer. 

Article 5 – The Contract

1. The agreement will, with reservation of the information given in section 4, be concluded the moment the Customer accepts the offer, with which he meets the corresponding conditions.
2. If the Customer has accepted the offer electronically, the Owner will confirm electronic receipt of acceptance of the offer. Until receipt of the offer has been confirmed by the Owner, the Customer may rescind the agreement.
3. If the agreement is created electronically, the Owner will take the necessary technological and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the Customer can pay electronically, the Owner will take appropriate safety precautions.
4. The Owner can –within the law– inform if the Customer will be able to meet his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance selling agreement. If, on the basis of this investigation, the Owner was justified in not entering into the agreement, he is entitled to refuse or to attach special conditions to the execution of an order or request.
5. In offering the product or service to the Customer, the Owner will enclose the following information, in writing or in such a way that it can be stored in an accessible manner by the Customer on a durable medium:
   • The address of the Owner’s establishment where Customers can lodge complaints;
   • The conditions on which and the manner in which the Consumer may  exercise the right of withdrawal, or, as the case may be, clear information  about his being exempted from the right of withdrawal;
   • Information about guarantees and after sales service;
   • The price including all taxes of the product, service or digital content,  where applicable the delivery costs and the way of payment, delivery or  implementation of the distance contract;
   • The requirements for cancelling the contract if the contract has a duration  of more than one year or for an indefinite period of time.
   • the standard form for withdrawal if the Consumer has the right of  withdrawal.

Article 6 – Right of withdrawal

When delivering products:

1. The Consumer can repudiate a purchase contract for a product without giving  reasons for a period of reflection of at least 14 days. The Entrepreneur  may ask the Consumer about the reason for the withdrawal but cannot force  him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product  is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
   • if the Consumer ordered several products in the same order: the day on   which the Consumer or a third party appointed by him received the   last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
   • in case the delivery of a product consists of several batches or parts:   the day on which the Consumer or a third party appointed by him received the last batch or the last part.
   • in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed   by him received the first product.

Article 7 – Consumer’s obligations during the time of reflection

1. During this period, the Consumer shall handle the product and the packaging  with care. The Consumer shall only unpack or use the product to the extent  necessary for establishing the nature, the characteristics and the effect of the  product. The guiding principle is that the Consumer may only handle and  inspect the product in the manner in which one is allowed to handle a product  in a shop.
2. The Consumer is only liable for the decrease in value of the product that is  caused by the way of handling the product which went further than  allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if the  Entrepreneur has not provided him with all legal information about the right of  withdrawal before concluding the Agreement. 

Article 8 – Costs in case of withdrawal

1. If the Customer exercises his right of withdrawal, the fee he pays will not exceed the shipping costs for delivery and return.
2. If the Customer has made a payment, the Owner will refund the amount paid as soon as possible, but no later than 30 days after the return or cancellation.

Article 9 – Exclusion of the Right of withdrawal

1. The Owner may exclude the right of withdrawal from a Customer to the extent provided in sections 2. The exclusion of the right of withdrawal will only apply, if expressly stated at least in time for the conclusion of the agreement by the Owner in the offer.
2. Exclusion of the right of withdrawal can only apply to products:
3. Established by the Owner in accordance with specifications given by the Customer;
4. That are unequivocally personal in nature;
5. Of the sort that cannot be returned because of their nature;
6. That are highly perishable or quickly become obsolete;
7. Whose price is subject to fluctuations in the financial market, on which the Owner has no influence;
8. Designated for individual newspapers and magazines;
9. Designated for audio and video recordings and computer software of which the Customer has removed the seal.

Article 10 – Pricing

1. During the period mentioned, the prices of products and services offered will not be raised, with the exception of price adjustments due to changes in VAT rates.
2. Notwithstanding the previous section, the Owner may offer products or services that are subject to fluctuations in the financial market and cannot be influenced by the Owner, at variable prices. If prices are subject to fluctuations and the prices mentioned are recommended prices, this will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the Owner has agreed and
5. If they are the result of legislation or regulations; or
6. If the Customer has the right to terminate the agreement as of the date the increase takes effect.
7. The prices of products and services in the supply are including VAT.

Article 11 – Compliance and Warranty

1. The Owner guarantees that the products and/or services meet the agreement specifications stated in the offer, the reasonable requirements of reliability and/or usability, as well as the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the Owner will also guarantee that the product is suitable for other than normal use.
2.  A guarantee given by the Owner, the manufacturer or the importer will not affect the legal rights or claims the Customer may invoke under the agreement on the Owner.  

Article 12 – Delivery and implementation

1. The Owner will observe the utmost care when accepting orders for products, when implementing them and when assessing applications for the provision of services.
2. The place of delivery is the address that the Customer has made known to the company.
3. In compliance with the information given in article 4 of these Terms and Conditions, the company will handle accepted orders expeditiously within 30 days, unless a longer delivery has been agreed. If delivery is delayed, or if an order cannot or only partially be carried out, the Customer will be informed within 30 days after placing the order. In that case, the Customer is entitled to terminate the agreement without penalty, and may be entitled to any compensation.
4. In case of a cancellation in accordance with the preceding section, the Owner will return the amount the Customer has paid as soon as possible, yet not later than 30 days after repudiation.
5. The risk of damage to and/or loss of products will rest with the Owner until the time of delivery to the Customer or to a pre-designated representative announced to the Owner, unless otherwise expressly agreed.

Article 13 – Transaction duration: duration, termination and renewal

Notice

1. The Customer is always entitled to cancel an agreement entered into for an indefinite period, which extends to the regular delivery of products –including electricity– or services, taking into account the cancellation rules, and a notice of up to one month.
2. At any time at the end of the fixed term, the Customer may cancel an agreement entered into for a definite period and which extends to the regular delivery of products –including electricity– or services, subject to the agreed cancellation rules, and a notice of up to one month.
3. In the agreements in the previous sections the Customer is entitled to:
   • Cancel at any time and not be limited to cancellation at a particular time or in a given period;
   • At least cancel the agreement in the same way it was concluded;
   • Cancel making use of the same period of notice the Owner has negotiated for itself.

Extension

1. An agreement entered into for an indefinite period, which extends to the regular delivery of products –including electricity– or services, may not be automatically extended or renewed for a fixed period.
2. Notwithstanding the previous section, an agreement is entered into for a definite period which extends to the regular delivery of daily or weekly newspapers and magazines will be automatically renewed for a fixed period up to three months, if the Customer is allowed to cancel this renewed agreement at the end of the extension with a notice of up to one month.
3. An agreement entered into for a definite period which extends to the regular delivery of products or services, may only be automatically renewed for an indefinite period if the Customer is at any time allowed to cancel with a notice of up to one month. In case of an agreement which extends to a regular, but less than once a month, delivery of daily and weekly newspapers or magazines is allowed a notice of up to three months.
4. An agreement with a limited duration for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) will be terminated automatically and not tacitly renewed after the trial or introductory.

Duration

1. If an agreement has a duration of more than one year, the Customer may terminate the agreement at any time after one year with a notice of up to one month, unless reasonableness and fairness resists cancellation before the end of the agreed period.

Article 14 – Payment

1. Unless otherwise agreed, any payment owed must be settled by the Customer within 14 days after the start of the grace period referred to in article 6 section 1. In case of an agreement to provide a service, this time limit will start once the Customer has received confirmation of the agreement.
2. When selling products to Customers, the general Terms and Conditions may never stipulate an advance payment of more than 50 percent. If an advance payment is agreed, the Customer may not assert any rights regarding the implementation of the order or service(s) before the advance payment has been made.
3. The Customer is obliged to report any inaccuracies in the payment information given to the Owner.
4. In case of default by the Customer, the Owner may, subject to statutory limitations, exercise the right to charge the Customer reasonable reimbursement costs, if made known to the Customer in advance.

Article 15 – Complaints arrangement

1. The Owner has a well-publicized complaints procedure and will handle complaints according to this procedure.
2. Complaints about the performance of the agreement must be submitted to the Owner promptly, fully and clearly described, after the Customer has established the defects.
3. Complaints submitted to the Owner will be answered within a period of 14 days from the date of receipt. If a complaint demands a foreseeable longer period of handling, the Customer will receive a notice of receipt and an indication from the Owner within 14 days of the period within which the Customer may expect a more detailed reply.
4. If the complaint cannot be resolved by mutual agreement, a dispute originates that is subject to arbitration.

Article 16 – Disputes

1. Agreements of these Terms and Conditions between the Owner and the Customer refer only to Dutch law.

Article 17 – Additional or different terms

Any additional or different provisions of these Terms and Conditions are not allowed to be to the detriment of Customers and should be recorded in writing or captured in such a way that they may be stored by the Customer in an accessible manner on a durable medium.