Article 1 – Definitions
In these conditions apply:
- Entrepreneur: the natural or legal corporation who offers products and / or remote services to the consumer;
- Consumer: the natural person not acting in the exercise of profession or business and who commits to a distance contract with the entrepreneur;
- Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more communication techniques distance;
- Technique for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area;
- Grace period: The period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
- Day: calendar day;
- Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
- Durable medium: any means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Curacao Made is a part of Cpost International B.V.
Cpost International B.V., whose registered office is in Willemstad, Curacao. The headquarters of Cpost International B.V. is located at the address: Plasa Wilson “Papa” Godett 1, Willemstad, Curacao. Cpost International B.V. is registered in the Commercial Curacao Chamber of Commerce number 91524.
Article 3 – Applicability
- These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the agreement is concluded, the text of these general conditions are made available to the consumer. If this is not reasonably possible, before the contract is concluded, indicated that the general conditions appearing to the entrepreneur and will be sent free of charge as soon as possible, at the request of the consumer.
- If the agreement is concluded electronically, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer may be stored in a simple way on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
- In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him is most favorable.
Article 4 – The offer
- If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
• the price including taxes;
• any costs of delivery;
• how the agreement will be achieved and what actions they require;
• whether to apply the right of withdrawal;
• the method of payment, delivery or performance of the contract;
• The deadline for accepting the offer, or make the deadline for adhering to the price;
• the height of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the basic rate;
• if the contract is filed after conclusion, how this can be accessed by the consumer;
• how the consumer before the conclusion of the agreement not by him popular acts can get informed, and the way he can rectify these before the contract is concluded;
• the possible languages, including Dutch, can be concluded the agreement;
• The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
• The minimum duration of the distance contract in the event of a contract that involves the continuous or periodic delivery of products or services.
Article 5 – The contract
- The agreement is subject to the provisions of paragraph 4
- If the consumer has accepted the offer electronically
- If the agreement is created electronically
- The entrepreneur can – within the law – inform the consumer’s ability to meet its payment obligations
- The entrepreneur will the consumer in the product or service the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium
A. The address of the establishment of the business where consumers can lodge complaints;
b. the conditions under which and the manner in which the right of withdrawal consumer can be exercised
c. information on existing after sales service and guarantees;
d. the details of these conditions include in Article 4 paragraph 3
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- If the entrepreneur is committed to providing a range of products or services
Article 6a – Right of withdrawal upon delivery of products
- When purchasing products
- During this period the consumer will treat the product and packaging. He will only unpack the product to the extent or use as necessary to assess whether he wishes to retain. If he exercises his right of withdrawal
Article 6b – Right of withdrawal in service delivery
- When providing services
- To use his right of withdrawal
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal
- If the consumer has paid an amount
Article 8 – Exclusion of right of withdrawal
- If the consumer does not have a right of withdrawal
- Exclusion of the right of withdrawal is only possible for products:
a) which are established by the entrepreneur to the consumer’s specifications;
b) that are clearly personal in nature;
c) that can not be returned due to their nature;
d) that spoil or become obsolete;
e) whose price depends on fluctuations in the financial market over which the trader has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software that the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a) on accommodation
b) the supply with the express consent of the consumer before the period has expired;
c) on betting and lotteries.
Article 9 – The price
- During the period mentioned in the offer have not increased the prices of the products and / or services
- Notwithstanding the preceding paragraph
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
a) they are the result of legislation or regulations; or
b) the consumer is authorized to terminate the contract on the day on which the price increase.
Article 10 – Compliance and Warranty
- The operator guarantees that the products and / or services meet the contract specifications stated in the offer
- offered as a guarantee by the trader
Article 11 – Delivery and execution
- The trader 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 makes known to the company.
- Subject to what is stated in Article 4 of these terms and conditions
- In case of dissolution in accordance with the preceding paragraph
- If delivery of an ordered product proves impossible
Article 12 – Duration Transactions
- The consumer may contract for an indefinite period at any time denounce the applicable termination rules and a notice of up to one month.
- A contract for a definite period has a maximum duration of two years. If it is agreed that the agreement will be extended remote silence of the consumer
Article 13 – Payment
- Unless otherwise agreed
- When selling products to consumers are stipulated in terms never a prepayment of more than 50%. If payment is agreed
- The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
- In case of default by the consumer
- Billink – Afterpay
Payment must be made to Billink B.V. within the stipulated payment period. (Hereinafter “Billink”). After all, all rights under the claim are transferred to Billink, which will collect the claim. Your data is reviewed and registered by or on behalf of Billink. This information may, among other things, be used for the collection of claims and review of orders in the implementation of the affiliate organization’s acceptance policy. Billink reserves the right to reject the customer’s request for payment. The payment period used is a deadline. In the case of non-timely payment, the customer is in default of default and Billink is entitled to charge monthly statutory interest rate (including part of a month as a whole month) as from the expiration date of the invoice. Billink is also entitled to charge extrajudicial collection costs under the law of the customer. In the event of business customers, Billink is also entitled to charge reminders and remuneration costs to the customer, without prejudice to Billink’s right to charge the actual costs incurred by the customer if it exceeds the amount so calculated. These costs amount to at least 15% of the principal with a minimum of 40 euros for consumers and 75 euros for companies. Billink is also entitled to transfer the claim to a third party. What is stated in the foregoing with respect to Billink will also be transferred to the third party to whom the claim has been transferred.
Article 14 – Complaints
- The entrepreneur has a well-publicized procedure and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be made fully and clearly described within a reasonable time to the entrepreneur
- The entrepreneur complaints are counted answered within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time
Article 15 – Intellectual Property.
The Buyer explicitly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or with regard to the internet site rest with Curacao Made, its suppliers or other rightholders.
Article 16 – Personal Data.
Article 17 – Import Duties and Taxes
Consumer is always responsible for any payments of local import duties and or taxes. Entrepreneur will always provide the right invoice for such declaration.
Article 18 – Applicable law and competent court.
All offers from Curacao Made, its agreements and the implementation thereof are exclusively governed by Curacao law. The applicability of the Vienna Sales Convention is expressly excluded.