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Delivery Conditions

Article 1 - Definitions

Consumer: the natural person who does not act in the exercise of a profession or business and enter into a distance-agreement with the entrepreneur;
Distance-agreement: an agreement whereby, in the context of an organized system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, exclusively one or more techniques for distance communication is used;
Technology for remote communication: resource that can be used for closing an agreement, without a meeting in the same room amongst consumer and entrepreneur is necessary.
Withdrawal period: the time limit within which the consumer can make use of his right of withdrawal.
Right of withdrawal: the ability for the consumer to pull out of the distance-agreement.
Day: calendar day
Duration of transaction: a distance-agreement regarding a series of products and/or services, of which the delivery and/or purchase obligation is spread over time.
Durable medium: any means that enables the consumer or trader to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – The entrepreneur’s identity B.V., trading as Smartbooks
De Boelelaan 1105, 1081 HV Amsterdam

Chamber of commerce registration number: 33119749
VAT-identification number: NL 8014217539B01

Article 3 - Applicability

These terms and conditions are applicable to any offer from the entrepreneur and on any obtained agreement between entrepreneur and consumer.
Before the distance-agreement is settled, the text with terms and conditions is made available to the consumer. In case this is impossible, before the distance-agreement. before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
In case the distance-agreement is settled 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 case specific product- or service terms and conditions apply, besides the general terms and conditions, the second and third section of the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and 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 wholesome and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Every offer contains such information to clarify to the consumer what the rights and obligations are attached to accepting the offer. This concerns in particular: - price including taxes; - possible costs of delivery; - the way the agreement will be settled and which actions are necessary; - whether or not the right of withdrawal is applicable; - the way of payment, delivery or execution of the agreement; - the period for accepting the offer or the period for which the price is honored; - the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate.;
If the agreement is archived after the settlement, how this can be accessed by the consumer;
the way in which the consumer can become aware of acts that he does not want before settling the agreement, as well as the way in which he can rectify these before the agreement is concluded;
The possible languages, besides Dutch, the agreement can be settled in;
The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically, and;
The minimal duration of the distance-agreement in case of an agreement which extends to the continuous or periodic delivery of products or services.

Article 5 - The Agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and fulfil the corresponding conditions.
If the consumer accepts the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. If the receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
If the agreement is settled online, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and he ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. 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 or to attach special conditions to the implementation.
The entrepreneur will send the following information, together with the product of service, in such a way that it’s accessible for the consumer to save on a durable data carrier:
- the visiting address of the entrepreneur’s branch, where the consumer can come with complains.
- 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;
- information about the existing service and warranties after purchase
- the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur already provides this information
- to the consumer before the settlement of the agreement
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
If the trader has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6a - Right of withdrawal upon delivery of products

With the purchase of products, the consumer has the possibility to terminate the agreement without reason within fourteen days. This term applies from the day after delivery of the product.
During this term 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.

Article 6b - Right of withdrawal upon delivery of services

With the purchase of service, the consumer has the possibility to terminate the agreement without reason within fourteen days. This term applies from the day the agreement is settled.
To use the right of withdrawal, the consumer
To make use of this right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest with the delivery.

Article 7 - Costs in case of withdrawal

If the consumer uses the right of withdrawal, the costs of return are on his behalf. If the consumer paid a sum, the entrepreneur will return this sum as soon as possible, and within 30 days after the return or withdrawal.

Article 8 - Exclusion right of withdrawal

If the consumer does not have the right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of right of withdrawal is only possible for products:
- that have been established by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal
- that cannot be returned due to their nature
- that can rot or age very quickly
- whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
- individual magazines or newspapers
- for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
- concerning bets and lotteries

Article 9 - 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.
Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur 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 the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions or;
- the consumer does have the authority to reject the agreement on the day the price increases will apply.
The prices of products and services in the offer include VAT.

Article 10 - Conformity and Warranty

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 legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
A scheme offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert regarding a shortcoming in the fulfillment of the trader's obligations to the trader based on the law and / or the distance agreement.

Article 11 - Delivery and implementation

The entrepreneur 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 presented to the company.
Considering that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless a longer delivery period has been agreed. 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 one month after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal cannot be excluded. The costs of return shipment are borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

Article 12 - Duration transactions

The consumer can cancel an agreement that has been concluded for an indefinite period at any time with due observance of the agreed termination rules and a notice period of at most one month.
A contract that has been entered for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period and the cancellation period after continuation of the contract will be a maximum of one month.

Article 13 - Payment

If not agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or in the case of an agreement to provide a service, within 14 days after the delivery of the documents relating to this agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
The consumer has the obligation to report any errors in provided or specified payment data to the entrepreneur immediately.
In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

Article 14 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a reasonable period of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur 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.
A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form. The complaint is then sent to both the relevant entrepreneur and the Nederlandse Thuiswinkel Organisatie.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

Article 15 - Disputes

On agreements between entrepreneur and consumer on which these terms and conditions apply, the Dutch law only is applicable.

Article 16 - Additional or different 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 they can be stored in an accessible manner on a durable medium by the consumer. B.V. De Boelelaan 1105, 1081 HV Amsterdam
Chamber of commerce registration number: 34203390
VAT-identification number: NL8014217539B01

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