Table of contents
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 revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal; Read everything
about cooling-off period.
2. Consumer: the natural person who does not act in the exercise of a profession or business and a
enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long term transaction: a distance contract relating to a series of products and/or services,
whose delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to obtain information that is
is addressed to him personally, to be stored in a manner that facilitates future consultation and unaltered reproduction
of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the contract within the cooling-off period
distance contract;
7. Model form: the model withdrawal form provided by the entrepreneur who
consumer can fill in when he wants to use his right of withdrawal.
8. Entrepreneur: the natural or legal person who provides products and/or services remotely to consumers
offers;
9. Distance contract: an agreement whereby, within the framework of a contract concluded by the entrepreneur
organised system for distance selling of products and/or services, up to and including the conclusion of the
agreement only one or more techniques for distance communication are used;
10. Remote communication technology: agent that can be used to close a
agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Bar Dedicated powered by Destaca. Ouderijksweg 121 B, 7951EB Staphorst The Netherlands. Tel: 0610307812, E-mail: info@bardedicated.com , KVK 75618761, VAT number: NL002431201B39
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded
distance contract and orders entered into between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be provided to the consumer.
made available to the consumer. If this is not reasonably possible, before the distance contract
is concluded, it is indicated that the general terms and conditions can be viewed at the entrepreneur and that they can be
The consumer's request will be sent free of charge as soon as possible.
3.If the distance contract is concluded electronically, by way of exception to the previous paragraph and before
the distance contract is concluded, the text of these general terms and conditions is sent electronically
be made available to the consumer in such a way that it can be used by the consumer in a
can be stored on a durable data carrier in a simple manner. If this is not reasonably possible
If possible, before the distance contract is concluded, it will be indicated where the general terms and conditions apply.
conditions can be consulted electronically and that they can be sent to the consumer at the consumer's request
will be sent free of charge electronically or otherwise.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply
apply, the second and third paragraphs apply accordingly and the consumer may, in the event
in the event of conflicting general terms and conditions, always rely on the applicable provision that is most appropriate for him
is favorable.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially
are null and void or annulled, the agreement and these terms and conditions will otherwise remain in force and will
the provision in question shall be replaced without delay by mutual agreement with a provision that reflects the purport of
approximated the original as much as possible.
6. Situations not covered by these general terms and conditions must be assessed 'in spirit'
of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be
to be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated
stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The
description is sufficiently detailed to enable the consumer to make a proper assessment of the offer
make. If the entrepreneur uses images, these are a true representation of the
products and/or services offered. Obvious mistakes or obvious errors in the offer are binding on the
entrepreneur not.
4. All images, specifications and data in the offer are indicative and cannot give rise to
compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur
cannot guarantee that the colours displayed exactly match the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are,
that are associated with the acceptance of the offer.This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur will pay the price
guarantees;
the amount of the rate for distance communication if the costs of using the technology for
remote communication will be calculated on a basis other than the regular basic rate for the
means of communication used;
or whether the agreement is archived after it has been concluded and, if so, how this can be stored for the consumer
to consult is;
the manner in which the consumer, before concluding the agreement, processes the services provided by him within the framework of the
can check the data provided by the agreement and, if necessary, correct it;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer complies with these
can consult codes of conduct electronically; and
the minimum duration of the distance contract in the event of a continuous transaction.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance.
by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm
electronically the receipt of the acceptance of the offer. As long as the agreement of this
If acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will provide appropriate technical and
organizational measures to secure the electronic transfer of data and ensures that
secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate measures
take safety precautions.
4. The entrepreneur can - within legal frameworks - inquire whether the consumer meets his
payment obligations, as well as all those facts and factors that are relevant to a
responsible conclusion of the distance contract. If the entrepreneur, on the basis of this investigation,
If the customer has grounds not to enter into the agreement, he is entitled to submit an order or request with reasons.
refuse or attach special conditions to the implementation.
5. The entrepreneur will provide the consumer with the following information, in writing or on the product or service:
in such a way that it can be stored by the consumer in an accessible manner on a
durable data carrier, please send:
the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal,
or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to
the consumer has provided before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one
years or is of indefinite duration.
6.In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability
of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to cancel the agreement without giving any
reasons to cancel within 14 days. This cooling-off period commences on the day after receipt of the product
by the consumer or a person designated in advance by the consumer and made known to the entrepreneur
representative.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will
unpack or use the product only to the extent necessary to assess whether it
wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all
supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 14 days,
after receiving the product, to make it known to the entrepreneur. The consumer must make this known
by means of the model form or by means of another means of communication such as e-mail. After the
If the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product
within 14 days. The consumer must prove that the delivered goods were received on time.
returned, for example by means of proof of shipment.
4. If the customer has not indicated that he wishes to make use of the terms mentioned in paragraphs 2 and 3 after the expiry of the periods mentioned in paragraphs 2 and 3,
If the consumer exercises his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a
fact.
When providing services:
1. When services are provided, the consumer has the option to cancel the agreement without giving any reason.
cancel for at least 14 days, starting on the day the agreement is entered into.
2. In order to exercise his right of withdrawal, the consumer will follow the instructions provided by the entrepreneur
the offer and/or reasonable and clear instructions provided in this regard at the time of delivery.
Article 7 - Costs in case of revocation
1. If the consumer exercises his right of withdrawal, the costs of return will be at most
at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but
refund within 14 days after cancellation. The condition is that the product has already been returned.
has been received by the online retailer or conclusive proof of complete return can be provided.
Refunds will be made using the same payment method used by the consumer unless the consumer
expressly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable
liable for any diminished value of the product.
4. The consumer cannot be held liable for any decrease in value of the product if:
the entrepreneur has not been provided with all legally required information about the right of withdrawal, this must be
happen before the purchase agreement is concluded.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2
and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer,
at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
which have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or become outdated quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence
has;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygiene products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or
during a certain period;
the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired
expired;
concerning betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will be
services will not be increased, except for price changes resulting from changes in VAT rates.
2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to
fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices
offer. This commitment to fluctuations and the fact that any prices stated are indicative prices,
are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if
they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the
entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the
price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. The consequences of printing and typographical errors are
no liability accepted. In case of printing and typographical errors, the entrepreneur is not obliged to produce the product according to the
to deliver the wrong price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the
specifications stated in the offer, the reasonable requirements of soundness and/or usability and the date
statutory provisions and/or government regulations existing at the time of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for other than
normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and
claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3.Any defects or incorrectly delivered products must be reported to the entrepreneur within 2 months of delivery.
must be reported in writing. Return of the products must be made in the original packaging and in
in mint condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is
never responsible for the final suitability of the products for each individual application
by the consumer, nor for any advice regarding the use or application of the
products.
5. The warranty does not apply if:
the consumer has repaired and/or processed the delivered products himself and/or has had them processed by third parties
repair and/or edit;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly
treated or treated contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose
regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and distributing the goods.
execution of orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will accept
execute orders with due speed but at the latest within 30 days, unless the consumer has agreed
with a longer delivery period. If delivery is delayed, or if an order is not or not
can only be partially executed, the consumer will receive this no later than 30 days after he has received the
order has been placed message. In that case, the consumer has the right to cancel the agreement without costs
to dissolve. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms.
borrow. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the consumer
paid as soon as possible, but no later than 14 days after cancellation.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to arrange a
replacement article available. This will be clearly and comprehensibly communicated at the time of delivery at the latest.
reported that a replacement item will be delivered. The right of withdrawal does not apply to replacement items
are excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of
delivery to the consumer or a previously designated and made known to the entrepreneur
representative, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Cancellation
1. The consumer may enter into an agreement for an indefinite period of time and which extends to the regular
delivery of products (including electricity) or services, cancel at any time, taking into account
of agreed termination rules and a notice period of no more than one month.
2.The consumer may enter into an agreement for a definite period of time which extends to the regular
delivery of products (including electricity) or services, at any time by the end of the
terminate for a certain period, taking into account the agreed termination rules and a notice period
of a maximum of one month.
3. The consumer may, in the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific
period;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement entered into for a fixed period of time and which provides for the regular delivery of products
(including electricity) or services, may not be tacitly extended or renewed for a
certain duration.
2. By way of exception to the previous paragraph, an agreement entered into for a fixed period and intended to
regular delivery of daily newspapers, weekly newspapers and magazines are tacitly extended for a
fixed term of up to three months, if the consumer terminates this extended agreement towards the end of
the extension can be cancelled with a notice period of no more than one month.
3. An agreement entered into for a fixed period of time and which provides for the regular delivery of products
or services, may only be tacitly extended for an indefinite period if the consumer may at any time
cancel with a notice period of no more than one month and a notice period of no more than three months
if the agreement concerns the regular, but less than monthly, delivery of daily,
news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and
Weekly newspapers and magazines (trial or introductory subscription) are not automatically continued and end
automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year.
terminate at any time with a notice period of no more than one month, unless reasonableness and fairness prevail
object to termination before the end of the agreed term.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid
fulfilled within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the event of a
agreement to provide a service, this period commences after the consumer has received confirmation of the
received the agreement.
2. The consumer has the duty to report any inaccuracies in payment details provided or stated without delay.
to report entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions,
to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint
in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be fully and clearly described within 2 months.
are submitted to the entrepreneur after the consumer has discovered the defects.
3.Complaints submitted to the entrepreneur will be handled within a period of 14 days from the date of
receipt answered. If a complaint requires a foreseeable longer processing time, the
entrepreneur responded within 14 days with a confirmation of receipt and an indication of when
the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the
dispute resolution.
5. In case of complaints, a consumer should first contact the entrepreneur. It is also possible to
to file complaints via the European ODR platform (http://ec.europa.eu/odr). Webshop is currently not available
affiliated with a quality mark with a dispute committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur has agreed otherwise in writing.
indicates.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either
replace or repair delivered products free of charge.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply
have, exclusively Dutch law applies. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the
consumer and must be recorded in writing or in such a way that it can be understood by the consumer
can be stored in an accessible manner on a durable data carrier.