General terms and conditions

General terms and conditions

Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

Article 1 - Definitions
In these conditions is understood to mean:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time;
5. Durable data carrier: any means that enables the consumer or M2 Bait and Tackle to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal which M2 Bait and Tackle provides for the consumer to fill in if he wishes to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
9. Distance contract: a contract under which, within the framework of a system organised by M2 Bait and Tackle for the distance sale of products and/or services, only one or more means of distance communication is used up to and including the conclusion of the contract;
Technique for distance communication: means that can be used for the conclusion of a contract without the consumer and M2 Bait and Tackle being in the same room at the same time.
11. General Terms and Conditions the present General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur
M2 Bait and Tacke
Twijver 5
1606 BT VENHUIZEN
06-82435602
[email protected]


Article 3 - Applicability
1. These general terms and conditions apply to any offer made by M2 Bait and Tackle and to any distance contract or order concluded between M2 Bait and Tackle and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract that the general terms and conditions can be inspected at M2 Bait and Tackle and that, at the consumer's request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer's request.
4. In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply accordingly and in the event of conflicting general conditions, the consumer can always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, then the agreement and these terms and conditions for the rest will remain intact and the provision concerned will be replaced immediately by a provision in mutual consultation that the purport of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions should be assessed in the spirit of these general terms and conditions.
7. Any ambiguities 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
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. M2 Bait and Tackle is entitled to change and adapt 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 M2 Bait and Tackle uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious errors in the offer are not binding on M2 Bait and Tackle.
4. All images, specifications and data in the offer are indicative and may not give rise to compensation or rescission of the contract.
5. Images accompanying products are a true representation of the products offered. M2 Bait and Tackle cannot guarantee that the colours shown correspond exactly to the real colours 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 possible costs of shipment;
the way in which the agreement will be concluded and what actions are necessary for this;
the applicability or otherwise of the right of withdrawal;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which M2 Bait and Tackle guarantees the price;
the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after its conclusion, and if so how it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, the data provided by him within the framework of the contract can check and if desired restore;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which M2 Bait and Tackle has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.
Optional: available sizes, colours, types of materials.




Article 5 - The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the time the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, M2 Bait and Tackle shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by M2 Bait and Tackle, the consumer may terminate the contract.
If the contract is concluded electronically, M2 Bait and Tackle shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, M2 Bait and Tackle shall observe appropriate security measures for this purpose.
M2 Bait and Tackle may - within the limits of the law - ascertain whether the consumer is able to fulfil his payment obligations, as well as all those facts and factors which are relevant to the responsible conclusion of the distance contract. If M2 Bait and Tackle, on the basis of this examination, has good reasons not to enter into the agreement, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
5.M2 Bait and Tackle shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the M2 Bait and Tackle branch where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the information contained in Article 4(3) of these conditions, unless M2 Bait and Tackle has already provided this information to the consumer prior to the performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.6. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option to cancel the contract without giving any reasons for a period of 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to M2 Bait and Tackle.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories delivered and - if reasonably possible - in its original condition and packaging to M2 Bait and Tackle, in accordance with the reasonable and clear instructions provided by M2 Bait and Tackle.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made known to want to use his right of withdrawal, the customer must return the product within 14 days to send. The consumer must prove that the delivered goods are returned on time, for example, by means of a proof of shipment.
If the customer has not expressed his wish to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to M2 Bait and Tackle, the purchase is a fact.
In case of delivery of services:
In the case of the provision of services, the consumer has the option to cancel the contract without giving reasons for a period of at least 14 days, starting on the day the contract is entered into.
In order to exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions given by M2 Bait and Tackle in this respect at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, he shall be liable for no more than the costs of returning the goods.
2. If the consumer has paid an amount, M2 Bait and Tackle will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

Article 8 - Exclusion of the right of withdrawal
M2 Bait and Tackle may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if M2 Bait and Tackle has clearly stated this in the offer, at least in good time before the conclusion of the contract.
2. Exclusion from the right of withdrawal is only possible for products:
a. which have been created by M2 Bait and Tackle in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which are liable to deteriorate or age quickly;
e. whose price is subject to fluctuations in the financial market outside the control of M2 Bait and Tackle;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which has started with the consumer's explicit consent before the cooling-off period has expired;
c. concerning bets and lotteries.
 
Article 9 - The price
During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, M2 Bait and Tackle may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which M2 Bait and Tackle has no influence. These fluctuations and the fact that any prices mentioned are target prices shall be indicated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if stipulated by M2 Bait and Tackle and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to pressure and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. M2 Bait and Tackle is not obliged to deliver the product at the wrong price in the event of printing and typesetting errors.

Article 10 - Conformity and Warranty
M2 Bait and Tackle guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing at the date of the conclusion of the agreement. If agreed, M2 Bait and Tackle also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against M2 Bait and Tackle under the contract.
Any defects or incorrectly delivered products must be reported to M2 Bait and Tackle in writing within X days/weeks of delivery. The products must be returned in their original packaging and in new condition.
The warranty period of M2 Bait and Tackle corresponds to the manufacturer's warranty period. However, M2 Bait and Tackle is never responsible for the final 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 processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products are exposed to abnormal conditions or are otherwise handled carelessly or in conflict with the instructions of M2 Bait and Tackle and/or are handled on the packaging;
The defect is wholly or partly the result of regulations that the government has or will have made with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution
1.M2 Bait and Tackle shall exercise the greatest possible care when receiving and processing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this within 30 days after he placed the order message. In that case, the consumer has the right to terminate the contract without penalty. The consumer has no right to compensation.
4. All delivery times are indicative. The consumer can not derive any rights from any of these terms. Exceeding a period does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, M2 shall refund Bait and Tackle the amount paid by the consumer as soon as possible, but at the latest within 14 days after termination.6. If delivery of an ordered product proves impossible, M2 Bait and Tackle will make every effort to make a replacement article available. At the latest at the time of delivery, a clear and comprehensible notification will be given that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with M2 Bait and Tackle until the moment of delivery to the consumer or a representative designated in advance and notified to M2 Bait and Tackle, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension
Termination
1. The consumer may at any time terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice of up to one month.
2. The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the applicable termination rules and a period of notice that does not exceed one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
may terminate at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same manner as they have entered into by him;
Always terminate with the same notice period as M2 Bait and Tackle has stipulated for itself.
Extension
4. A fixed-term contract that has been entered into for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
5. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed period of not more than three months if the consumer has the right to terminate this extended contract at the end of the renewal, with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months in the case of a contract that involves the regular supply, but less than once a month, of daily or weekly newspapers or magazines.
A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introduction will not be tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed period.

Article 13 - Payment
Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period begins after the consumer has received the confirmation of the contract.
2. The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to M2 Bait and Tackle.
3. In the event of default by the consumer, M2 Bait and Tackle is entitled, subject to legal restrictions, to charge the consumer reasonable costs that have been notified in advance.Article 14 - Complaints procedure
1.M2 Bait and Tackle has a well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be fully and clearly described and submitted to the trader within 7 days after the consumer has discovered the defects.
Complaints submitted to M2 Bait and Tackle shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, M2 Bait and Tackle will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement.
5. Complaints that can not be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Should a solution still not be reached, the consumer has the possibility to have his complaint dealt with by Stichting GeschilOnline, the decision of which is binding and both M2 Bait and Tackle and consumer agree with this binding decision.
A complaint does not suspend the obligations of M2 Bait and Tackle, unless M2 Bait and Tackle indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, M2 shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes
1. Agreements between M2 Bait and Tackle and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Also if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions
Additional or different provisions of these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.

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