General Terms and Conditions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal. Read all about the cooling-off period (https://www.webwinkelkeur.nl/kennisbank/juridische-ondersteuning/voorbeelddocumenten/bedenktijd-herroepingsrecht/).
Consumer: a natural person who is not acting in the course of a trade or profession and who enters into a distance agreement with the trader.
Day: calendar day.
Continuing agreement: a distance agreement relating to a series of products and/or services, under which the obligation to supply and/or purchase is spread over time.
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance agreement within the cooling-off period.
Model form: the model withdrawal form made available by the trader, which the consumer may complete when they wish to exercise their right of withdrawal.
Trader: a natural or legal person who offers products and/or services to consumers at a distance.
Distance agreement: an agreement concluded within the framework of a system organised by the trader for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.
Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader being physically present in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Mypokebase
Offenbachstraat 14

5102 XE
Nederland

T: +31 6 57 86 88 65
E: info@mypokebase.com
KVK: 93097093
BTW: NL866275526B01

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the trader and to every distance agreement and order concluded between the trader and the consumer.
Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance agreement is concluded that the General Terms and Conditions are available for inspection at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, then, contrary to the preceding paragraph and before the distance agreement is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed before the distance agreement is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
If specific product or service conditions also apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force. The provision concerned will be replaced without delay, by mutual agreement, with a provision that reflects the purpose of the original as closely as possible.
Situations not covered by these General Terms and Conditions must be assessed in the spirit of these General Terms and Conditions.
Any uncertainty regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in the spirit of these General Terms and Conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The trader 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 enable the consumer to assess the offer properly. If the trader uses images, these will faithfully represent the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Product images faithfully represent the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains information that makes clear to the consumer the rights and obligations associated with accepting the offer. This concerns, in particular:The price, including taxes.Any shipping costs.The way in which the agreement will be concluded and the actions required for this.Whether or not the right of withdrawal applies.The method of payment, delivery and performance of the agreement.The period for accepting the offer or the period during which the trader guarantees the price.The rate charged for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used.Whether the agreement will be archived after it has been concluded and, if so, how the consumer can access it.The way in which the consumer can check the information they have provided in connection with the agreement before concluding it and, if desired, correct that information.Any other languages, in addition to Dutch, in which the agreement may be concluded.The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.The minimum duration of the distance agreement in the case of a continuing agreement.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions associated with it.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this purpose.
Within the limits of the law, the trader may investigate whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance agreement. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or application, stating the reasons, or to attach special conditions to its performance.
The trader will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:
The visiting address of the trader's establishment where the consumer can submit complaints.The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded.Information about warranties and existing after-sales services.The information specified in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement.The requirements for cancelling the agreement if its duration exceeds one year or is indefinite.
In the case of a continuing agreement, the provision in the preceding paragraph applies only to the first delivery.
Every agreement is entered into subject to the condition precedent that the products concerned are sufficiently available.

Article 6 – Right of withdrawal

Delivery of products:

When purchasing products, the consumer has the option to terminate the agreement without giving reasons for a period of 14 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product to the trader with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must provide this notification using the model form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods supplied were returned in time, for example by providing proof of postage.
If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not notified the trader that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.

Provision of services:

When purchasing services, the consumer has the option to terminate the agreement without giving reasons for a period of at least 14 days, starting on the day the agreement is concluded.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or no later than upon provision of the service.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the cost of returning the goods.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the online retailer has already received the product back or that conclusive evidence of the complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
If the product is damaged as a result of careless handling by the consumer, the consumer is liable for any reduction in its value.
The consumer cannot be held liable for a reduction in value if the trader has not provided all legally required information about the right of withdrawal. This information must be provided before the purchase agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
The right of withdrawal may only be excluded for products:Made by the trader in accordance with the consumer's specifications.That are clearly personal in nature.That cannot be returned due to their nature.That may spoil or become outdated quickly.Whose price is linked to fluctuations in the financial market over which the trader has no influence.That are individual newspapers or magazines.That are audio or video recordings or computer software whose seal has been broken by the consumer.That are hygiene products whose seal has been broken by the consumer.
The right of withdrawal may only be excluded for services:Relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period.Whose provision has begun with the consumer's express consent before the cooling-off period has expired.Relating to betting and lotteries.

Article 9 – The price

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 resulting from changes in VAT rates.
Contrary to the preceding paragraph, the trader may offer products or services at variable prices if their prices are linked to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.
Price increases within three months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are permitted only if the trader has stipulated this and:They result from statutory regulations or provisions; orThe consumer is entitled to cancel the agreement with effect from the date on which the price increase takes effect.
The prices stated in offers 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 typographical errors. In the event of printing or typographical errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for a purpose other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within two months of discovering the defect.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:The consumer has repaired and/or modified the products supplied themselves, or has had them repaired and/or modified by third parties.The products supplied have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been handled contrary to the trader's instructions and/or the instructions on the packaging.The defect is wholly or partly the result of requirements that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 12 – Continuing agreements: duration, cancellation and renewal

Cancellation

The consumer may cancel an agreement concluded for an indefinite period that provides for the regular supply of products, including electricity, or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel a fixed-term agreement that provides for the regular supply of products, including electricity, or services at any time with effect from the end of the agreed term, subject to the agreed cancellation rules and a notice period of no more than one month.
For the agreements referred to in the preceding paragraphs, the consumer may:Cancel at any time and not be restricted to cancellation at a specific time or during a specific period.Cancel at least in the same way as they entered into the agreement.Always cancel with the same notice period as the trader has stipulated for itself.

Renewal

A fixed-term agreement that provides for the regular supply of products, including electricity, or services may not be tacitly extended or renewed for a fixed term.
Contrary to the preceding paragraph, a fixed-term agreement that provides for the regular supply of daily newspapers, newspapers, weekly newspapers or magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer can cancel the renewed agreement with effect from the end of the renewal period with a notice period of no more than one month.
A fixed-term agreement that provides for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. A notice period of no more than three months applies if the agreement provides for the regular supply of daily newspapers, newspapers, weekly newspapers or magazines less than once a month.
A limited-duration agreement for the regular introductory supply of daily newspapers, newspapers, weekly newspapers or magazines, such as a trial or introductory subscription, will not be tacitly continued and will end automatically when the trial or introductory period expires.

Duration

If an agreement has a duration of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless cancellation before the end of the agreed term would be contrary to reasonableness and fairness.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the trader within two months after the consumer has identified the defects, with a complete and clear description.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of a complaint, the consumer should first contact the trader. If the online store is a member of WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (http://www.webwinkelkeur.nl/), which will mediate free of charge. Check whether this online store has an active membership at https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. Its decision is binding, and both the trader and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the committee concerned. Complaints may also be submitted through the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If the trader considers a complaint justified, the trader will, at its discretion, replace or repair the products supplied free of charge.

Article 15 – Disputes

Agreements between the trader and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Additional or differing provisions

Provisions that supplement or differ from these General Terms and Conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

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