Terms of Service

January 2017 version.

These Terms and Conditions are based on models from the Dutch Thuiswinkel Organization (Thuiswinkel.org) and UNETO-VNI. Both have been established in consultation with the Customer Association within the framework of the Coordination Group Self-regulatory Consultation (CZ) of the Social Economic Council.

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal of consumers
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 the entrepreneur in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance agreement and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Retention of title
Article 17 – Complaints procedure
Article 19 – Additional or different provisions
Article 20 – Modification of the General Terms and Conditions
Annex I: Model form for revocation

Article 1 – Definitions

In these conditions:

  • Additional agreement: an agreement whereby the customer acquires products, digital content and / or services and these items, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur
  • Cooling-off period: the period within which the customer can make use of his right of withdrawal
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into an agreement with the entrepreneur
  • Day: calendar day
  • Digital content: data produced and delivered in digital form
  • Term Agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period
  • Durable data carrier: any device – including e-mail – that enables the customer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period which is aligned with the purpose for which the information is intended and which allows unaltered reproduction of the stored information
  • Right of withdrawal: the possibility for the customer to cancel the distance agreement within the cooling-off period
  • Customer: the natural (consumer) or legal entity (acting in the course of a profession or business) who purchases products and / or services from the entrepreneur
  • Entrepreneur: the natural or legal person who offers products and / or services to customers
  • Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement is only used of one or more techniques for distance communication
  • Model withdrawal form: the European standard form for withdrawal included in Appendix I of these terms and conditions. Annex I does not have to be made available if the customer has no right of withdrawal regarding his order
  • Technology for distance communication: means that can be used to conclude an agreement, without the customer and merchant being in the same room at the same time.

Article 2 – Identity of the entrepreneur

  • Entrepreneur name: Timetovalue BV, trading under the name uCella Europe
  • Location &amp amp visiting address: uCella Europe, Amsterdamsestraatweg 65, 1411 AX Naarden
  • Phone number: 035 888 7386, available from Monday to Friday from 9:00 am to 5:00 pm
  • Email address: info@ucella.me
  • Chamber of Commerce number: 67433499
  • VAT identification number: NL856987839B01
  • IBAN: NL27 ABNA 0530 1281 60

Article 3 – Applicability

  1. Dutch law applies.
  2. The legal provisions apply, except insofar as these general terms and conditions deviate from this.
  3. These general terms and conditions are fully applicable to every offer from the entrepreneur and to any agreement between the entrepreneur and the customer, except insofar as otherwise agreed in writing. The items printed in italics do not apply to an agreement between the entrepreneur and a customer.
  4. Before the agreement is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, the merchant will indicate how the general terms and conditions can be viewed by the merchant before the contract is concluded and that they will be sent free of charge as soon as possible at the request of the customer.
  5. If the distance contract is concluded (electronically), in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the customer in such a way that this can easily be stored by the customer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, will be indicated where of the general terms and conditions electronically can be taken note and that they will be sent free of charge at the request of the customer by electronic means or otherwise. / li&gt
  6. In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in case of conflicting conditions, the customer can always invoke the applicable provision which is the most suitable for him. is favorable.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a good assessment of the offer by the customer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the customer of the offer and the fulfillment of the corresponding conditions.
  2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can within legal frameworks – inform whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
  5. At the latest upon delivery of the product, the service or digital content, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium
    • the visiting address of the branch of the entrepreneur where the customer can go with complaints
    • the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
    • the information about guarantees and existing service after purchase
    • the price including all taxes of the product, service or digital content insofar as applicable, the costs of delivery and the method of payment, delivery or execution of the distance contract
    • the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite
    • if the customer has a right of withdrawal, the model withdrawal form.
  1. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Consumer right of withdrawal

For products:

  1. The consumer can terminate an agreement relating to the purchase of a product during a period of reflection of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not to make it compulsory to state his reason (s).
  2. 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 ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
    • 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, received the last shipment or the last part
    • for 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.

For services and digital content that is not delivered on a physical carrier:

  1. The consumer can terminate a service agreement and an agreement for delivery of digital content that has not been delivered on a tangible medium for 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not to make it compulsory to state his reason (s).
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off time for products, services and digital content that is not delivered on a tangible medium when not informing about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the merchant has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original period of reflection, the reflection period expires 14 days after the day on which the consumer has received this information.

Article 7 – Obligations of the consumer during the reflection period

  1. During the cooling off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
  3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

  1. If the consumer exercises his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in an unequivocal manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
  6. If the consumer rescinds after having explicitly requested that the provision of the service starts in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has been fulfilled at the moment of withdrawal, compared with the full compliance with the obligation.
  7. The consumer does not incur any costs for the execution of services in a limited volume or quantity, if:
    • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or
    • the consumer has not expressly requested the commencement of the execution of the service during the cooling-off period.
  1. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    • he has not explicitly agreed to the fulfillment of the contract prior to the delivery, before the end of the reflection period
    • he has not acknowledged losing his right of withdrawal when giving his consent or
    • the entrepreneur has failed to confirm this statement from the consumer.
  1. If the consumer exercises his right of withdrawal, all additional agreements will be legally dissolved.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
  2. The merchant will reimburse all payments from the consumer, including any delivery costs charged by the merchant for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

  1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period
  2. Service contracts, after full execution of the service, but only if:
    • the execution has begun with the explicit prior consent of the consumer and
    • the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement
  1. 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
  2. Sealed audio, video recordings and computer software, the seal of which is broken after delivery
  3. The delivery of digital content other than on a tangible medium, but only if:
    • the execution has begun with the explicit prior consent of the consumer and
    • the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices are mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
    • these are the result of statutory regulations or stipulations or
    • the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices mentioned in the range of products or services include VAT.

Article 12 – Compliance agreement and additional warranty

  1. The merchant 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 conditions existing on the date of the conclusion of the agreement. legal provisions and / or government regulations. If these expectations are not met, the customer is entitled to repair or replacement.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the customer can enforce against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the contract. the agreement.
  3. An extra guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns certain rights or claims to the customer that go beyond what is legally required in the event that he has failed in the performance of his part. of the agreement.

Article 13 – Delivery and implementation

  1. The merchant will take the greatest possible care when receiving and implementing orders for products 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 entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the customer will receive a message no later than 30 days after placing the order. In that case, the customer has the right to terminate the contract without penalty and the right to any compensation.
  4. The damage suffered by the customer as a result of a shortcoming on the part of the entrepreneur is reimbursed up to the amount of the purchase. Consequential damage and damage due to late delivery is never eligible for compensation. Section 7:21 of the Dutch Civil Code is excluded. The right to compensation for damage lapses if it has not been requested on time and in a motivated manner. In case of visible defects this is within 48 hours after delivery and for all other defects within 14 days after the discovery of the damage. Damage is not eligible for compensation if it comes to light later than 12 months after delivery of the sold item. Damage as a result of (repair or installation) work carried out, whether or not in connection with the sold work, is not eligible for compensation if it comes to light later than three months after the execution of the work.
  5. The entrepreneur does not have to compensate the customer for damage resulting from force majeure. Force majeure also means: failure of the supplier’s suppliers to meet their obligations, transport problems, fire, strikes or work interruptions, import or trade bans.
  6. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the customer has paid.
  7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the customer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and renewal

Notice:

  1. The customer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The customer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at most one month.
  3. The customer can make the agreements mentioned in the previous paragraphs:
    • cancel at any time and not be limited to termination at a certain time or in a certain period
    • cancel at least in the same way as they were contracted by him
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly renewed or renewed for a definite period.
  2. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the customer can cancel at any time with a notice period of no more than one month.

Duration:

  1. If an agreement has a duration of more than one year, the customer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the customer must be paid within 14 days after the commencement date, or in the absence of a cooling off period within 14 days after the closing of the cooling off period. the agreement. In case of an agreement to provide a service, this period starts on the day after the customer has received the confirmation of the agreement.
  2. When selling products to customers, the customer may never be obliged in general terms and conditions to pay in advance more than 50%. If prepayment is stipulated, the customer can not assert any rights regarding the execution of the relevant order or service (s), before the stipulated advance payment has taken place.
  3. The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. Payments made by the customer always serve first to settle all costs and interest due and then to settle the due and payable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice.
  5. If the customer does not fulfill his payment obligation (s) in time, after the entrepreneur has pointed out the late payment and the entrepreneur has given the customer a period of 14 days to still fulfill his payment obligations. after the payment has not been made within this 14-day period, the legal interest is owed on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, = 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the customer.

Article 16 – Retention of title

  1. The merchant remains the owner of the sold product as long as the customer has not fully fulfilled his payment obligations, including what he might be due in his obligations in connection with the shortcoming.

Article 17 – Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.

Disputes committee:

  1. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form from a disputes committee accredited to the Stichting Geschillencommissies voor Klantzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid). You can also submit your complaint to the Disputes Committee via the European ODR Platform.
  2. The customer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement.
  3. A dispute will only be dealt with by the Disputes Committee if the customer has first submitted his complaint to the entrepreneur within a reasonable time.
  4. If the complaint does not lead to a solution, the dispute must be submitted to the Dispute Committee no later than 12 months after the date on which the customer lodged the complaint with the entrepreneur, in writing or in another form to be determined by the Committee. li&gt
  5. When the customer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably the customer first reports this to the entrepreneur.
  6. If the entrepreneur wants to submit a dispute to the Disputes Committee, the customer will have to pronounce in writing within five weeks after a request made in writing by the entrepreneur, whether he wishes to do so or wants to have the dispute dealt with by the competent judge. If the entrepreneur does not hear the choice of the customer within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
  7. The Disputes Committee makes its decision under the conditions as laid down in the Disputes Committee regulations. The decisions of the Disputes Committee are made by way of binding advice.
  8. The Disputes Committee will not deal with a dispute or terminate the proceedings, if the Entrepreneur is granted a moratorium, has been declared bankrupt or has actually ended his business activities, before a dispute has been dealt with by the Committee at the hearing. and a final statement has been made.

Dispute resolution by the right:

  1. All other disputes will, in deviation from the legal rules for the jurisdiction of the civil court, in case the Court is competent, be settled by the Court in the place of business or the district of the entrepreneur. However, the entrepreneur remains entitled to summon the customer before the court competent according to the law or the applicable international treaty.
  2. The consumer has the right to opt for the settlement of the dispute by the civil court competent according to the law or the applicable international treaty for five weeks after the entrepreneur has invoked the previous article.

Article 18 – Additional or different provisions

  1. Additional provisions or deviating from these terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable medium.

Article 19 – Modification of the General Terms and Conditions

  1. Changes to these terms and conditions will only take effect after they have been published in the appropriate manner, on the understanding that in case of applicable changes during the term of an offer the most favorable provision for the customer shall prevail.

Annex I: Model form for revocation
(only fill in and return this information if you want to cancel the contract)

  • To: uCella Europe, Amsterdamsestraatweg 65, 1411 AX Naarden (info@ucella.me)
  • I / We * share / share * hereby inform you that I / we * are in agreement to revoke
    the sale of the following products:
    • uCella introductieaanbiedinguCella introductieaanbieding

      uCella special offer (temporarily out of stock)

      Sale!  295.00 355.00
      Select options
    *
    the delivery of the following digital content: [indication of digital content] *
    the performance of the following service: [service designation] *,

    • Ordered on * / received on * [date of ordering with services or receipt of products]
    • [Customer(s) name]
    • [Customer(s) address]
    • [Customer(s)] signature (only when this form is submitted on paper)

* Delete what is not applicable or fill in what is applicable.