General Terms and Conditions
Article 1 – Definitions
Article 2 – Identity of the seller
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – The price
Article 8 – Extended transactions: duration, termination, and extension
Article 9 – Payment
Article 10 – Complaints procedure
Article 11 – Disputes
Article 12 – Additional or divergent provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Return window: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person not acting for purposes connected with their trading, business, craft, or professional activities;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Long-term contract: a contract that provides for the regular delivery of items, services, and/or digital content during a specific period;
- Durable medium: any tool – also including email – that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that enables future consultation or use during a period that is attuned to the aim for which the information is intended, and enables the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to cancel the contract within the return window period;
- Entrepreneur: the natural person or legal entity that offers products, (access to) digital content, and/or services to consumers at a distance;
- Distance contract: a contract that is entered into between the entrepreneur and the consumer in the context of an organized system for sales at a distance of products, digital content, and/or services whereby, until the contract is entered into, exclusive or partial use is made of one or more techniques for communication at a distance;
- Techniqueto communicate at a distance: resource that can be used for entering into a contract without the consumer and the entrepreneur having to come together at the same time in the same space.
- General terms and conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the seller
6202 VA Maastricht
BTW NL00464 0295B89
Article 3 - Applicability
- These General Terms and Conditions of Business (“General Terms and Conditions”) apply exclusively to and form an integral part of every offer of Radioloy Expert and every agreement concluded between Radiology Expert and the Customer.
- One or more provisions of the General Terms and Conditions may only be derogated from if this is expressly agreed in writing by both parties. In that case, the other provisions of these Terms and Conditions shall remain in full force.
- 3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store this in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In addition to the General Terms and Conditions, Supplementary Terms and Conditions may, if expressly indicated, apply to certain Products and Services. Should one or more provisions of the Supplementary Terms and Conditions be in conflict with these General Terms and Conditions, the provisions of the Supplementary Terms and Conditions shall apply in principle, unless otherwise stipulated.
- If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that purports to of the original as closely as possible.
- Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow 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 obvious errors in the offer are not binding on the entrepreneur.
- All images, speciﬁcations and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
- whether the agreement will be archived after its conclusion, and if so, on which details it can be consulted by the consumer
- the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically
- the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The contract
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
- The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the conditions under which and the manner in which the consumer may make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this information before the execution of the agreement;
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered under the suspensive conditions of sufficient availability of the products.
Article 6 - Right of withdrawal
When delivering products:
- When purchasing the products, there is no 14-day return window period and the consumer can therefore not invoke the right of withdrawal; given that it concerns a product of less than 50 euros (in accordance with ACM legislation, https://www.acm.nl)
Article 7 - The price
- 1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices quoted 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:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- 5. The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 8 - Extended transactions: duration, termination, and extension
- The consumer can terminate the indefinite duration contract at any time, taking into account that the moment of termination takes place prior to the next payment period/annual subscription. Cancellation of the subscription must be requested digitally in the personal account on the website.
Article 9 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days. In the case of an agreement, this period starts after the consumer has received confirmation of the agreement.
- The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 10 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.
- 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 answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
- In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 11 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 12 - Additional or divergent provisions
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