- Article 1 Identify of the entrepreneur
- Article 2 Definitions
- Article 3 Applicability
- Article 4 The agreement
- Article 5 The offer
- Article 6 The price
- Article 7 Payment
- Article 8 Right of withdrawal with delivery of products
- Article 9 Right of withdrawal with delivery of services
- Article 10 Costs in case of withdrawal
- Article 11 Exclusions right of withdrawal
- Article 12 Duration transaction
- Article 13 Delivery and performance
- Article 14 Warranty
- Article 15 Conformity
- Article 16 Complaint procedure
- Article 17 Additional and deviating provisions
- Article 18 Adjustment of the general conditions Quality Mark
- Article 19 Applicable law
Article 1 – Identity of the entrepreneur
REXTRO trading under the name www.ketox24.co.uk
18 Stoke Rd
Slough SL2 5AG
Chamber of Commerce 67256562
VAT Identification number: 856899148B01
TEL: 01753 968414
Article 2 – Definitions
In these conditions the following definitions are used:
- Entrepreneur: the natural person or legal entity who is a member of the Quality Mark and remotely offers products and/or services;
- Consumer: the natural person who is not acting as a professional or company and remotely concludes an agreement with the entrepreneur;
- Technique for remote communication: tool that can be used for concluding an agreement, without the consumer and the entrepreneur are physically in each other’s vicinity, for example (but not limited to) per fax, telephone and internet;
- Remote agreement: an agreement whereby, in the context of a system organised by the seller or service provider (entrepreneur) for the remote sale or service provision of products and/or services, up to the concluding of the agreement only one or more techniques for remote communication are used;
- Right of withdrawal: the possibility for the consumer to refrain from the remote agreement within the cooling-off period;
- Cooling-off period: the period in which the consumer can exercise his right of withdrawal;
- Day: calendar day;
- Duration transaction: a remote agreement related to a number of products and/or services whereby the delivery and/or purchase obligation is divided over a longer period.;
- Durable data carrier: any tool that enables the consumer or entrepreneur to store information that is addressed to him/her personally, in a way that makes future consultation and unchanged reproduction of the stored information possible.
Article 3 – Applicability
- These general conditions apply on any concluded remote agreement between the entrepreneur and consumer and on any offer of the entrepreneur.
- Before the remote agreement is concluded, the entrepreneur provides the content of these general conditions to the consumer. When it is not possible to provide the general conditions in advance, the entrepreneur will indicate, before the remote agreement is concluded, that the consumer can review the general conditions and that these, if requested by the consumer, will be sent to him/her as soon as possible, free of charge. The content of these general conditions can also be provided electronically to the consumer in such a way that these can easily be stored by the consumer on a durable data carrier. When this is not possible, it will be indicated, before the remote agreement is concluded, where these general conditions can be electronically reviewed and that these, at the request of the consumer, will be sent to him/her electronically or in a different way, free of charge.
- If, in addition to these general conditions, certain product or delivery conditions are also applicable, the second paragraph equally applies and the consumer can, in case of contradicting (general) conditions, always rely of the applicable provision that is most favourable for him/her.
Article 4 – The agreement
- The agreement is concluded when the offer is accepted by the consumer and when the conditions stipulated thereto have been met, with consideration of the provisions in paragraph 6 of this article.
- The entrepreneur immediately electronically confirms the receipt of the acceptance of the offer if the consumer has electronically accepted the offer. Until the moment that the receipt of this acceptance is not confirmed by the entrepreneur the consumer can dissolve the agreement.
- The entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data in case the consumer has electronically accepted the offer. The entrepreneur will consider appropriate security measures if the consumer can pay electronically. In that context the entrepreneur will ensure a secure web environment. ((KetoX24.co.uk uses a SSL certificate).
- The entrepreneur will send the following information with the product or service, either in writing or in such a way that this can be accessibly stored by the consumer on a durable data carrier:
a. the visiting address of the branch of the entrepreneur where the customer can go in case of complaints;
b. the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
c. the data included in article 5 paragraph 3, unless the entrepreneur has already provided this data to the consumer before the performance of the agreement;
d. the information regarding warranties and service after purchase;
e. the conditions under which and how the consumer can exercise the right of withdrawal or a clear message related to the exclusion of the right of withdrawal;
- The provision in paragraph 4 only applies on the first delivery if the entrepreneur has committed himself to deliver as series of products or services;
- The entrepreneur can inquire (obviously within the boundaries of the law) if the consumer can comply with this payment obligations, as well as be informed about all these facts and factors that are important to conclude a remote agreement in a responsible manner. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, he has the right to refuse an order or request, while specifying his motivations, or to impose special conditions on the performance.
Article 5 – The offer
- The entrepreneur will explicitly state if an offer has a limited validity period or is made under conditions.
- The offer includes a complete, accurate and detailed description of the offered products and/or services, so the consumer can properly assess the product/service. If images are used with the offer these must be true images of the offered products and/or services. Apparent mistakes or errors in the offer, whereby it is immediately clear to the consumer that it concerns a mistake or error, do not bind the entrepreneur.
- The entrepreneur clearly states with the offer what the rights and obligations are of the consumer if the offer is accepted. Hereby the following is important:- price including taxes;
- the delivery costs if applicable;
- the way the agreement will be concluded and how the consumer can conclude this;
- the delivery, payment or performance method of the agreement;
- how the consumer can be informed about actions he does not want before the conclusion of the agreement, as well as how he can restore these before the agreement is concluded;
- the possible languages, in addition to Dutch, in which the agreement can be concluded;
- the codes of conducts to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the remote agreement in case of an agreement that involves the continuous or periodical delivery of products or services.
- whether or not the right of withdrawal is applicable;
- if the agreement is archived after being concluded, how this can be consulted by the consumer;
- the level of the rate for remote communication if the costs of the use of the technique for remote communication is charged on another basis than the basic rate;
- period for acceptance of the offer, or the validity period of the price;
- the entrepreneur is not liable for damage caused by incorrect us of his products;
Article 6 – The price
- All prices of offered products or services are including VAT. In an offer there cannot be any hidden additional costs such as taxes (VAT), packaging or shipment costs. If these costs are applicable these will be clearly mentioned with the offer.
- The prices of the offered products and/or services will not be increased during the validity period mentioned in the offer, except for price adjustments as a result of changes in VAT rates.
- If it concerns products or services for which the prices are subject to fluctuations in the financial market that are beyond the control of the entrepreneur, the entrepreneur, in deviation to the previous paragraph, can offer the product/service with variable prices, provided it is clearly mentioned by the entrepreneur with the offer that these fluctuations might occur and that the prices are target prices.
- Price increases within three months after the agreement is concluded are not allowed unless these are the result of legal regulations or provisions.
- Price increases from three months after the agreement is concluded are not allowed unless the entrepreneur has stipulated this when these are the result of legal regulations or provisions or the consumer has the possibility to terminate the agreement at the moment that there is a price increase.
Article 7 – Payment
- The amounts owed by the consumer must, unless agreed otherwise, be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issue of documents related to this service.
- If there is non- or default payment by the consumer, the entrepreneur can charge the reasonably made costs to the consumer, unless that is legally restricted, provided this is announced to the consumer in advance.
- Any errors in the provided or mentioned payment details must immediately be reported to the entrepreneur by the consumer.
- In general conditions it is not allowed, with the sale of products to consumers, to stipulate an advance payment of more than 50%. Advance payment of more than 50% may however be agreed. When advance payment is stipulated the consumer cannot derive any right regarding the performance of the relevant order or service till the agreed advance payment has been made.
Article 8 – Right of withdrawal with delivery of products
- With the purchase of products the consumer has the possibility, for a period of at least fourteen days from the day of receipt of the product by or on behalf of the consumer, to dissolve the agreement without specifying any reasons.
- If the consumer wants to exercise the right of withdrawal, he/she must only unpack or use the product to such an extent that is necessary to assess if the consumer wants to keep the product. During this period the consumer will carefully handle the product and packaging. The consumer will return the product to the entrepreneur, unopened with all supplied accessories and in the original state and packaging, in accordance with the reasonable and clear instructions indicated by the entrepreneur.
- The seal of the bottle may not be broken.
Article 9 – Right of withdrawal with delivery of services
- With the delivery of services the consumer has the possibility, for a period of at least fourteen days, starting on the day the agreement was concluded, to dissolve the agreement without specifying any reasons.
- The consumer will follow the reasonable and clear instructions provided thereto by the entrepreneur with the offer and/or at least with the delivery, to exercise his right of withdrawal.
Article 10 – Costs in case of withdrawal
- If the consumer exercises the right of withdrawal, only the costs for the return shipment will be for his/her account.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, though within 30 days after the return shipment or withdrawal.
Article 11 – Exclusion right of withdrawal
- The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur has clearly mentioned this in the offer and on time before concluding the agreement.
- The exclusion of the right of withdrawal is only possible for products:
a) that can perish or age quickly;
b) that cannot be sent back due to their nature;
c) for audio and video recordings and computer software whereby the consumer has broken the seal;
d) for loose newspapers and magazines;
e) that have been produced by the entrepreneur conform specifications of the consumer;
f) of which the price is subject to fluctuations in the financial market that are beyond the control of the entrepreneur;
g) that have a clear personal nature;
- Exclusion of the right of withdrawal with services is possible:
a) with bets and lotteries;
b) with services whereby the delivery, with explicit approval of the consumer, has already started before the cooling-off period has expired;
c) regarding transport, restaurant business, accommodation or leisure activities to be performed on a certain date or during a certain period;
Article 12 – Duration transactions
- With an agreement that is concluded for an indefinite period the consumer can always terminate this with consideration of the thereto agreed termination rules and a notice period of at least one month.
- The maximum duration with an agreement that is concluded for a definite period is two years. If it has been agreed that with silence of the consumer the remote agreement will be extended, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be maximum one month.
Article 13 – Delivery and performance
- With the acceptance and with the performance of orders of products, as well as with the assessment of requests to provide services, the entrepreneur will take the utmost care.
- The entrepreneur recognises electronical communication and will not deny the validity or the legal effect thereof due to the single fact that the communication is electronically.
- If the delivery of an ordered product appears to be permanently impossible, the entrepreneur will commit himself to provide a replacement similar article. At the latest with the delivery, it will be mentioned in a clear and understandable way that a replacement article is being delivered. With replacement article the right of withdrawal cannot be excluded and the consumer is free to dissolve the agreement, whereby the costs for the return shipment are for the account of the entrepreneur.
- Unless explicitly agreed otherwise, the risk of loss and/or damage to products lies with the entrepreneur up to the moment of delivery to the consumer.
- The address that the consumer has given to the entrepreneur applies as the place of delivery.
- The entrepreneur will perform accepted orders with competent speed though no later than within 30 days unless a longer delivery period has been agreed, with consideration of the stipulations in article 5. If there is a delay with the delivery, or an order cannot be performed or only partially performed, the consumer will receive notification of this no later than one month after he/she has placed the order. In such a case the consumer has the right to dissolve the agreement without any costs and a right on possible damage compensation.
- In case of dissolution based on the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible though within 30 days after dissolution.
Article 14 – Warranty
A warranty scheme offered by the entrepreneur, manufacturer or importer cannot limit or set aside the rights and claims that the consumer has towards the entrepreneur with respect to a failure in the compliance with the obligations of the entrepreneur, based on the law and/or remote agreement.
Article 15 –Conformity
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of usability and/or reliability and the legal provisions and/or government regulations that are applicable at the moment that the agreement is concluded.
Article 16 – Complaint procedure
- The entrepreneur has a sufficiently disclosed complaint procedure and deals with the complaint conform this complaint procedure.
- Complains about the performance of the agreement must be submitted, with a full and clear description, to the entrepreneur within a reasonable period after the consumer has detected the defects.
- The entrepreneur will handle and answer the submitted claims as soon as possible but in any case within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within 14 days by sending a message of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product of service of the entrepreneur can be submitted via email@example.com.
Article 17 – Additional of deviating provisions
Additional or deviating provisions to these general conditions may not be to the disadvantage of the consumer and must be recorded in writing in such a way that these can be accessibly stored by the consumer on a durable data carrier.
Article 18 – Adjustment of the general conditions Quality Mark
Adjustments in these conditions only come into force after these have been correctly published. With adjustments during the term of the offer the most favourable provision(s) for the consumer prevail(s).
Article 19 – Applicable law
The agreements between the entrepreneur and the consumer to which these general conditions are related, are exclusively subject to Dutch law.