Prices are tax included
|Terms and conditions of Dreammachine-Radio Electronics, established in AlmereFiled with the Chamber of Commerce in Zwolle under number 08,170,188.Date June 2014. 1 Definitions2 Applicability3 Offers and agreements4 Prices5. Delivery6 Ownership Reservation and transfer7 Cancellation and termination of contract8 Transfer of Risk9 Warranty10 Liability11 Payment12 Force Majeure13 Complaints14 Right of withdrawal15 Costs in case of withdrawal16 Exclusion of right of withdrawal17 complaints scheme18 Applicable law19 Disputes20. Contact Article 1 Definitions1. "purchaser" in these Terms and Conditions, any (legal) person with Dreammachine-Radio Electronics, has concluded an agreement, wishes to enter, or for whom Dreammachine-Radio Electronics an offer or a delivery or service provided, and respectively its representative (s), agent (s) and successor (s).2 The term "consumer" in these conditions means any purchaser who is a natural person not acting in the exercise of a profession or business. Article 2 Applicability1 All offers, agreements and their implementation shall be governed solely by the terms hereof, unless the parties have explicitly agreed otherwise. Written2 Additions and / or deviations from these conditions should be. Expressly agreed in writing3 All the provisions contained in these terms shall also apply to the consumer, except with respect to the consumer otherwise expressly provided.4 If any provision of these terms for any reason is not valid or applicable, keep these conditions will remain in effect. Article 3 Offers and agreements1 All offers made by Dreammachine-Radio Electronics, tenders and quotations, in whatever form, are without engagement, unless explicitly agreed otherwise.2 All images, drawings and data on weights, dimensions, colors, etc. are only approximate. Deviations from the reality may not lead to compensation and / or dissolution.3.The buyer is responsible for the accuracy of information stated in the order. An order made binding on the purchaser.4 An agreement between Dreammachine-Radio Electronics and Purchaser shall only be made if and when an order is confirmed in writing by Dreammachine-Radio Electronics or because Dreammachine-Radio Electronics has given. Wholly or in part to a command execution The order confirmation is deemed to reflect the agreement correctly and completely, unless the buyer within 3 days against objects in writing.5. When entering into the agreement Dreammachine-Radio Electronics to demand for the financial performance of the said agreement. Entitled certainty Refusal by the buyer to provide the required security gives Dreammachine-Radio Electronics the right to refuse the order. Article 4 Prices1 All prices and rates are in Euro coin and include tax unless otherwise stated.2 Discounts given and some (price) agreements apply to each single agreement. There may be derived from this other agreements. No rights3 The prices are based on prices of materials, wages, social -, taxes, duties and freight costs applicable at the time of offer. If these prices since the date of the offer have been increased by rises in raw materials, auxiliary materials, components, transport, wages, insurance premiums, taxes, import duties, exchange rates, etc., Dreammachine-Radio Electronics entitled to increase the price accordingly.4 The provisions of the preceding paragraph also applies if this cost increasing factors at the time of concluding the contract were foreseeable.5. However, if the price increase in accordance with paragraph 3 is more than 15%, the buyer authorized the assignment within 3 days after the date on which the buyer has taken notice thereof to cancel.6 If the buyer is a consumer and in accordance with paragraph 3 there is a price increase is consumers during the first three months of the conclusion of the agreement, be entitled to terminate the agreement.7 In all cases Dreammachine-Radio Electronics after the conclusion of the Agreement entitled to correct obvious errors in pricing when the pricing is obviously incorrect and is based on an obvious clerical or typographical error. Article 5. Delivery1 Dreammachine-Radio Electronics strives to deliver with a delivery period of 30 days (Sale Act remote), your order within the time limits specified by Dreammachine-Radio Electronics-off unless otherwise agreed. If it appears that this is not feasible, the purchaser is informed. The buyer has the option to agree a new delivery date or to cancel. His or her assignment If canceled Dreammachine-Radio Electronics will be within 30 days full refund the amount already paid by the buyer.2 The supply obligation of Dreammachine-Radio Electronics will be met by offering goods on one. The receipt signed by the buyer or his representative, the full proof of delivery. In case of purchase, storage and other costs borne by the buyer come.3 If Purchaser fail to perform an act which he should co-operate with the delivery of the goods are at the risk of the buyer from the moment they are ready for dispatch or delivery. Article 6. Reservation and transfer1 As long as the buyer has not fulfilled all its payment and other obligations to Dreammachine-Radio Electronics, full ownership remains supplied by Dreammachine-Radio Electronics. 2 Buyer is not entitled to wear the supplied to third parties as security or ownership or for use to stand, to third parties until the buyer has paid. His payment and other obligations to Dreammachine-Radio Electronics By Dreammachine-Radio Electronics Goods supplied under paragraph 1 under the retention of title, may be resold. Only in the context of normal business3 If buyer undertake any obligation under the agreement, not timely or properly, or should any other circumstance arises in Article 7, paragraph 1, Dreammachine-Radio Electronics without judicial intervention to repossess the goods (or do). Purchaser grants Dreammachine-Radio Electronics shall irrevocably authorization to gain access to the area (s) where the goods are located and access required to provide their full cooperation. Give Dreammachine-Radio Electronics4. If Dreammachine-Radio Electronics has reversed delivered has actually been the agreement in accordance with Article 7, paragraph 1 dissolved, without prejudice to the right of Dreammachine-Radio Electronics to claim costs of damages and interest.5. buyer is obliged Dreammachine-Radio Electronics reported that third-party rights to the goods supplied by Dreammachine-Radio Electronics, insofar as these are not owned (yet), as well as upon the occurrence of any circumstance under Article 7, paragraph 1. Direct writing Article 7 Cancellation and termination of contract1 Dreammachine-Radio Electronics reserves the right to terminate the contract if the buyer with the buyer without judicial intervention: a. applies for suspension of payment or bankruptcy, is declared bankrupt, or is placed in receivership;b. any (payment) obligations under the agreement, not properly or timely comply and Dreammachine-Radio Electronics first been made in order still to come within a reasonable period of default;c. decides to liquidate and / or shut down his business;d. free control over his assets, or if buyer is a natural person shall be placed under guardianship or dies. 2. termination as intended, all claims against the buyer immediately due, and Dreammachine-Radio Electronics also be entitled to claim full compensation for damages, lost profits and / or interest.3 The "loss of profit" is at least 20% of the agreed price with a minimum of € 100.00 subject to proof; the item "lost interest", the height of the statutory rate. Article 8 Transfer of Risk1 All risks of transport to be delivered or delivered rests with copper, both in terms of the Direct and indirect damage, unless expressly agreed otherwise. If the buyer is a consumer and the business to the buyer / consumer concerned, the case is not finished. Risk of the buyer of the delivery2 It is supplied by Dreammachine-Radio Electronics, notwithstanding the provisions of the preceding paragraph, as of the time (off) supply risk of the buyer. Item 9 Guarantee1 Subject to any factory and / or wholesale guarantee is no guarantee for the goods delivered, unless otherwise agreed in writing.2 Warranty provisions are only applicable to the destination corresponding use of the delivered goods and provided they are used in accordance with the instructions provided to buyer and specifications.3 Any warranty obligation shall lapse if the buyer made or delivered: a. itself changes or the goods delivered, or to be carried out;b. used for other than normal purposes intended;c. handled improperly and / or maintained. 4 If buyer consumer shall, notwithstanding the provisions in this article, with regard to the obligations of Dreammachine-Radio Electronics statutory provisions. Article 10 Liability1 Dreammachine-Radio Electronics is not obliged to pay compensation for direct or indirect damages, arising from or caused by defects in goods or services supplied or not, not timely or proper functioning of the goods to be delivered by it or delivered and / or services, except in case of intent or gross negligence of the Dreammachine-Radio Electronics.Any liability for consequential loss (business interruption, loss of income etc.) data loss or-reducing, and / or consequential damage resulting from any cause whatsoever, including delay in the delivery of goods and services, is expressly excluded.2 Dreammachine-Radio Electronics is not liable for its employees and / or injury caused by third parties engaged to the purchaser or third parties, for whatever reason or by any cause whatsoever, except in the case of at Dreammachine-Radio Electronics culpable intent or gross negligence .3. damages of any nature whatsoever arising from or caused by improper, careless or incompetent use, or use for other than normal purposes of goods supplied by Dreammachine-Radio Electronics, Dreammachine-Radio Electronics is not liable.4 Buyer shall indemnify Dreammachine-Radio Electronics and its employees against claims from third parties for compensation for material and immaterial damages, directly or indirectly caused by (use of) supplied by Dreammachine-Radio Electronics, unless the damage is the result of intent / gross fault of staff from Dreammachine-Radio Electronics and / or third parties engaged.5. liability Dreammachine-Radio Electronics under the agreement concluded with the buyer in all circumstances be limited to the invoice amount of the contract excluding VAT. 6 Any claims by the purchaser must be filed within eight days, failing which all claims on that account expired. Following execution of the agreement by Dreammachine-Radio Electronics7 Dreammachine-Radio Electronics is not liable for any penalties that can be imposed for non-compliance with local laws and regulations, regarding the use of transmission equipment. Article 11 Payment11.1 Dreammachine-Radio Electronics only accept the following payment methods:
• Bank transfer
• Payment by credit card (MasterCard and Visa)
• Payment via PayPal
• Payment by PayPal
Payment methods may in the future (possibly temporarily) expanded or restricted. The current payment methods are mentioned on the website.
11.2 The Purchaser has the obligation to immediately notify. Inaccuracies in data supplied or specified messages to Dreammachine-Radio Electronics
11.3 In the event that the payment is not complied with within the time limit set is that the buyer is in default. Under the non-respect of payment shall also include making a payment already been made. If the Buyer is in default all claims, for whatever reason Dreammachine-Radio Electronics on Copper due immediately.
11.4 In the event that the situation of 11.3 occurs then the Buyer, without further notice, delay damages payable until all outstanding amounts have been paid. The delay damages, the statutory interest rate plus 2% on the outstanding amount, calculated from the time of default with a minimum amount of € 15.00 (VAT excl.). It is true that an already entered month is counted. For a full month
11.5 If the Purchaser is in default then the buyer is obliged to pay compensation. (Extra) judicial costs Costs will amount to at least 15% of the unpaid amount with a minimum of € 75.00 (VAT excl.).
11.6 Any payment made by the buyer shall first in payment of any interest and costs. The payment of outstanding invoices will be paid on the basis of seniority, notwithstanding other provisions of the Purchaser.
11.7 In the event of non-fulfillment of a commitment is Dreammachine-Radio Electronics entitled to terminate or suspend until such time as the Buyer has fully complied with. All obligations (further) delivery of the Agreement with immediate effect
Section 11.8 Payments are only accepted in consultation with Dreammachine-Radio Electronics.
11.9 All amounts charged to the purchaser must be made. Without discount or deduction The Buyer is not entitled to set off. The Purchaser shall not be entitled to suspend. Any payment obligation Dreammachine-Radio Electronics
11:10 Dreammachine-Radio Electronics has the right to demand the purchase price., Where appropriate, payment of (part of)
11:11 If Dreammachine-Radio Electronics, after the Purchaser is in default, payment reminders or other inquiries directed to pay to the Buyer, then this does not affect the provisions of 11.4, 11.5, 11.6, 11.7, 11.8, 11.9, 11.10. Article 12 Force Majeure1 Force majeure is understood the situation that Dreammachine-Radio Electronics due to extraordinary circumstances, such as frost, strikes, sit-ins, fire, traffic barriers or transport problems, lack of raw materials and / or materials, mobilization, martial law, riot or revolt, import and export restrictions and other governmental actions or regulations and any other circumstance in which Dreammachine-Radio Electronics can not influence, is not reasonably able to carry out the order. accordance with agreements reached2 In case of force majeure Dreammachine-Radio Electronics entitled to fulfill the contract without judicial intervention either to delay as long as the situation of force majeure, or to terminate without Dreammachine-Radio Electronics is obliged to buyer to pay any compensation or penalty the agreement.3 In a suspension of execution of an order of more than three months, Purchaser shall be entitled to terminate unless justify a shorter period to the specific circumstances of the case the agreement.4 In case of termination as intended hereinabove, Dreammachine-Radio Electronics to require all that hitherto has been delivered / provided and Dreammachine-Radio Electronics not liable to pay any compensation or penalty to the buyer. Entitled to payment Article 13 Complaints1 The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2 Complaints about the implementation of the agreement should take place promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
Complaints submitted to the trader will be counted 3 answers from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of 14 days responded with an acknowledgment of the receipt and indicating when the consumer can expect. A more detailed answer Article 14 Right of withdrawal upon delivery of products1 The consumer may terminate an agreement regarding the purchase of a product for a cooling off period of 14 days without giving reasons. The operator may ask the consumer the reason for withdrawal, but can not commit to stating his reason (s).
2 The cooling-off period referred to in paragraph 1 shall commence on the day after the consumer, or a pre-designated by the consumer third party other than the carrier has received the product or:
a. if consumers in a given order has ordered several products: the day on which the consumer or a third party designated by him, has received the final product. The operator may, provided that he has clearly informed from the consumer prior to the ordering process to refuse an order for multiple products with different delivery time.
b. if the supply of a product consisting of multiple lots or pieces: the day on which the consumer receives, or a third party designated by him, the last shipment of the final part;
c. the contract is for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product. Article 14b. Right of withdrawal upon delivery of services1 The consumer can a service agreement and an agreement for the supply of digital content which is not supplied for at least 14 days without giving reasons dissolve. On a tangible medium The operator may ask the consumer the reason for withdrawal, but can not commit to stating his reason (s).
2 The cooling-off period referred to in paragraph 1 shall begin on the day following the conclusion of the agreement. Article 14c. Extended reflection for products, services and digital content which is not supplied with no information about the right of withdrawal on a tangible medium
1 If the Consumer has not provided the information required by law about the right of withdrawal if the model withdrawal form the grace period expires twelve months after the end of the original, in accordance with the preceding paragraphs of this Article shall reflect.
2 If the entrepreneur has provided within twelve months after the effective date of the initial grace period, the information referred to in the preceding paragraph to the consumer, the cooling-off period expires 14 days after the day on which the consumer receives information. Article 14d. Obligations of the consumer during the cooling-
1 During the period the consumer will treat the product and packaging. He will only extract the product, or use to the extent that is necessary in order to determine. The nature, characteristics, and the operation of the product The premise is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2 The consumer is liable for diminished value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
3 The consumer is not liable for the value of the product as the company has provided. Him before or at the conclusion of the Agreement, all information required by law about the right of withdrawal Article 14e. Exercise of the right of withdrawal by the consumer and costs
1 If the consumer exercises his right of withdrawal, he must within the cooling-off period by means of the model withdrawal form or unequivocal manner to the entrepreneur.
2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or he hands it to (a representative of) the entrepreneur. This does not work if the trader has offered to collect the product yourself. Away The consumer has the return postage period observed in any case as to return the product before the period has expired.
3 The consumer shall send back the product with all accessories, if reasonably possible, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct cost of returning the product. As the company has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the cost. For return
6 If the consumer withdraws after first having expressly requested that the provision of the service or supply of gas, water or electricity, they are not put up for sale in a limited volume or some amount to begin during the withdrawal period, the consumer entrepreneur an amount proportional to that part of the undertaking that is fulfilled at the time of withdrawal, compared to the complete fulfillment of the commitment by the entrepreneur.
7 The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, they are not put up for sale in a limited volume or quantity, or supply of district heating, if:
. the entrepreneur, the consumer has not provided the information required by law about the right of withdrawal, the allowance for revocation or the model withdrawal form or;
b. the consumer has not expressly requested. commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection
8. The consumer shall bear no cost for the full or partial delivery of digital content not supplied on a tangible medium, where:
a. he has not consented to the beginning of the fulfillment of the agreement before the end of the waiting period prior to its delivery explicitly;
b. he has not acknowledged losing in granting his permission his right of withdrawal; or
c. the trader has failed to confirm this statement. consumer
9 If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved. Article 14f. Obligations of the trader in case of withdrawal
1 If the trader makes the notification of withdrawal by the consumer electronically possible, he sent after receipt of this notification immediately an acknowledgment.
2 The employer shall reimburse all payments made by the consumer, including any delivery costs charged by the operator for the returned product immediately, but within 14 days following the day on which the consumer notifies him of the revocation. Unless the entrepreneur offers to retrieve the product itself off he may wait to pay back until he has received the product or the consumer can demonstrate that he has returned the product, whichever is the earlier.
3 The entrepreneur used to refund the same card that the consumer, unless the consumer agrees to another method. The repayment is free for consumers.
4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, do the additional costs for expensive not to repay. Entrepreneurs Article 15 Costs in case of withdrawal1. If the consumer exercises his right of withdrawal, will not exceed the cost of returning the goods.2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund. Article 16 Exclusion of right of withdrawalThe entrepreneur can the following products and services exclude the right of withdrawal, but only if the trader clearly in the offer, at least in time for the conclusion of the agreement stated:
1 Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;
2 Agreements concluded at a public auction. Under a public auction means a method of sale where goods, digital content and / or services are offered to consumers present in person or get the opportunity to be at the auction, led by an auctioneer in person and in which the trader successful bidder is bound products, to comply with digital content and / or services;
3. Service Agreements, after the completion of the service, but only if:
. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal once the trader has fully performed the contract;
4. Service Agreements for provision of accommodation, and in the contract a specific date or period of performance, and other than for residential purpose, freight, car rental services and catering;
5. Agreements relating to leisure activities if the contract includes a specific date or period of implementation;
6. According to the consumer's specifications manufactured products, which are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific individual;
7. Products that rapidly decay or have a limited shelf life,
8. Sealed products for reasons of health protection or hygiene are not suitable to be returned after delivery and which the seal has been broken;
9. Products after delivery to their nature, inseparably mixed with other products;
10. Alcoholic beverages, the price was agreed at the conclusion of the contract, the delivery of which can take place after 30 days, and whose actual value is dependent on fluctuations in the market in which the entrepreneur can not be controlled;
11. Sealed audio, video recordings or computer software, which the seal is broken after delivery;
12. Newspapers, periodicals or magazines, except for subscriptions to this;
13. The supply of digital content not supplied on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer stated that he thus loses his right of withdrawal. Article 17 Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement should take place promptly, fully and submitted to the entrepreneur, after the consumer has found the defects. Clearly defined
3. Complaints submitted to the trader will be counted answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of 14 days responded with an acknowledgment of the receipt and indicating when the consumer can expect. A more detailed answer Article 18 Applicable lawAll agreements entered into with Dreammachine-Radio Electronics is Dutch law. The applicability of the Vienna Sales Convention 1980 is excluded. Article 19 Disputes1 All disputes arising from or related to an agreement with buyer shall, where the court has jurisdiction exclusively decided by the competent court in Amsterdam, competence Dreammachine-Radio Electronics the dispute before the court which has jurisdiction in the residence or place of business unless bring. Copper2 If the buyer is a consumer, paragraph 1 shall not apply. Then apply to the authority of the law. Article 20 Contact Dreammachine-Radio ElectronicsDe Lipizzaner,12 8252 GL Dronten Flevoland NederlandTax / VAT number: NL001568859B50Chamber of Commerce number: 08170188