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Terms and Conditions

General Conditions – www.dokter-woodys.com – 30-11-2017

Contents:

Article 1 - Definitions
Article 2 - The Entrepreneur’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the reflection period
Article 8 - Exercising the Consumer’s right of withdrawal and the costs
Article 9 - Entrepreneur’s obligation in case of withdrawal
Article 10 - The price
Article 11 - Compliance and extra guaranty
Article 12 - Delivery and execution
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or varying provisions

Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
1. Additional agreement: an agreement in which the Consumer acquires products with respect to a distance agreement and these goods are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
2. Reflection period: the period during which the Consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Sustainable data carrier: any means, including e-mail, that allow the Consumer or the
Entrepreneur to store information directed to him/her personally in such a manner that
makes future consultation and use possible during a period that matches the purpose for
which the information is destined and which makes unaltered reproduction of the stored information possible;
6. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural of legal person who provides products to Consumers at a distance;
10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
11. Standard form for withdrawal: the European standard form for withdrawal included in
Appendix 1;
12. Technology for distance communication: a means to be used for concluding an
agreement without the Consumer and the Entrepreneur being together in the same
place at the same time.

Article 2 – The Entrepreneur’s identity
R.H.van der Lubben (dokter-woody’s);
Stichting Nederlanders Overzee chamber of commerce The Netherlands. 66027195
Vd.Duyn van Maasdamstraat 69 3118LC Schiedam The Netherlands

Mobile: +66871331280 Monday till Friday10.00 till 16.00 hour
E-mail address: info@dokter-woodys.nl
VAT identification number: not applicable

Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any
distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these 2
General Terms and Conditions available free of charge and as soon as possible. If this
is reasonably impossible, the Entrepreneur shall indicate in what way the General
Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms
and Conditions, in deviation from the previous section and before the distance
contract is concluded, may also be supplied to the Consumer electronically in such a
way that the Consumer can easily store it on a long-term data carrier. If this is
reasonably impossible, it will be specified where the General Terms and Conditions can
be viewed electronically and that they will be sent to at the Consumer´s request free of
charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General
Terms and Conditions, the second and third paragraphs shall apply accordingly, and
in the event of contradictory terms and conditions, the Consumer may always appeal
to the applicable provision that is most favourable to him/her.

Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated
in the offer.
2. The offer contains a full and accurate description of the products offered. The description
is suitably detailed to enable the Consumer to assess the products adequately. If the
Entrepreneur makes use of pictures, they are truthful images of the products provided.
Obvious errors or mistakes in the offer do not bind the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and
obligations are attached to accepting the offer.

Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer
has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly
confirm receipt of having accepted the offer via electronic means. As long as the receipt
of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical
and organisational security measures for the electronic data transfer and ensure a safe
web environment. If the Consumer can pay electronically, the Entrepreneur shall observe
appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s
ability to fulfil his payment obligations, and all facts and factors relevant to responsibly
concluding the distance contract. If, acting on the results of this investigation, the
Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to
refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Entrepreneur shall send the following information along
with the product in writing or in such manner that the Consumer can store it in an
accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where the
b. Consumer may get into contact with any complaints; the conditions on which and the
manner in which the Consumer may exercise the right of withdrawal, or, as the case
may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the price including all taxes of the product where applicable the delivery costs and the
way of payment, delivery or implementation of the distance contract;
e. the standard form for withdrawal if the Consumer has the right of withdrawal.
6. In case of a continuing performance contract, the stipulation in the previous paragraph
only applies to the first delivery.

Article 6 – Right of withdrawal
1. The Consumer can repudiate a purchase contract for a product without giving reasons for
a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer
about the reason for the withdrawal but cannot force him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product is received
by the Consumer or by a third party appointed by him in advance and who is not the
carrier, or:
a. if the Consumer ordered several products in the same order: the day on which the
Consumer or a third party appointed by him received the last product. The
Entrepreneur may refuse an order of several products with different delivery dates
provided that he clearly informs the Consumer prior to the order process.
b. in case the delivery of a product consists of several batches or parts: the day on which
the Consumer or a third party appointed by him received the last batch or the last part.
c. in case of an agreement about regular delivery of products during a given period: the
day on which the Consumer or a third party appointed by him received the first
product.

Article 7 – Consumer’s obligations during the time of reflection
1. During this period, the Consumer shall handle the product and the packaging with care.
The guiding principle is that the Consumer may only handle and inspect the product in
the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the
way of handling the product which went further than allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur
has not provided him with all legal information about the right of withdrawal before
concluding the Agreement.

Article 8 – Exercising the Consumer’s right of withdrawal and the costs
1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur
unambiguously with the standard form for withdrawal within the period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized representative of)
the Entrepreneur as soon as possible but within 14 days counting from the day following
the notification referred to in sub-clause 1. This need not be done if the Entrepreneur
offered to collect the product himself. The Consumer observed the period of returning the
product in any event if the product is returned before the expiration of the period of
reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably
possible in the original state and packing and in conformity with reasonable and clear
instructions given by the Entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of
withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has
not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out
that he will bear the costs himself, the Consumer need not pay the cost of returning the
product.

Article 9 – Entrepreneur’s obligations in case of withdrawal
1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he
shall promptly send a return receipt.
2. The Entrepreneur shall reimburse all payments made by the Consumer, including any
delivery costs that the Consumer may charge for the returned product, as soon as \
possible but within 14 days following the day on which the Consumer notified him of the
withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with
paying back until having received the product or until the Consumer proved that he
returned the product, whichever occurs first.
3. The Entrepreneur shall make use of the same means of payment that the Consumer
used, unless the Consumer consents to another method. The reimbursement is free of
charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest
standard delivery, the Entrepreneur need not reimburse the additional costs for the more
expensive method.
4
Article 10 - The price
1. The prices of the products provided shall not be raised during the validity period given in
the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products whose prices
are subject to fluctuations in the financial market that are beyond the Entrepreneur’s
control, at variable prices. The offer will state the possibility of being subject to
fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they
are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the
Entrepreneur has stipulated it and:
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the
price increase starts.
5. All prices indicated in the provision of products are including VAT.

Article 11 – Performance of an agreement and extra Guarantee
1. The Entrepreneur guarantees that the products comply with the contract, with the
specifications listed in the offer, with reasonable requirements of usability and/or reliability
and with the existing statutory provisions and/or government regulations on the day the
contract was concluded. If agreed, the Entrepreneur also guarantees that the product is
suitable for other than normal use.
2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer
shall never affect the rights and claims the Consumer may exercise against the
Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the
Entrepreneur has failed in the fulfilment of his part of the agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier,
Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer
that go further than he is legally required in case he fails in the compliance with his part of
the agreement.

Article 12 – Delivery and execution
1. The Entrepreneur shall exercise the best possible care when booking orders and
executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms and
Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at
least within 30 days, unless another delivery period was agreed on. If the delivery has
been delayed, or if an order cannot be filled or can be filled only partially, the Consumer
shall be informed about this within 30 days after ordering. In such cases, the Consumer is
entitled to repudiate the contract free of charge.
4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall
return the payment made by the Consumer promptly.
5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the
time of delivery to the Consumer or a representative appointed in advance and made
known to the Consumer, unless explicitly agreed otherwise.

Article 13 – Payment
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts
to be paid by the Consumer must be settled within 14 days after the period of reflection,
or if there is no period of reflection within 14 days after concluding the agreement. In case
of an agreement to provide a service, this period starts on the day that the Consumer
received the confirmation of the agreement.
2. When selling products to Consumers, it is not permitted to negotiate an advance payment
of more than 50% in the General Terms and Conditions. If an advance payment was
agreed, the Consumer may not assert any right regarding the execution of the order in
question or the service(s) in question before making the agreed advance payment.
3. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies
in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and the
Entrepreneur has pointed out to him that the payment was late and allowed the
Consumer a period of 14 days to comply with the payment obligations, the Consumer is
to pay the statutory interest on the amount payable and the Entrepreneur is entitled to
charge the Consumer with any extrajudicial collection costs. These extrajudicial collection
costs amount to no more than 15% for outstanding amounts up to € 2,500,- 10% for the
following € 2,500,- and 5% for the following € 5000,- with a minimum of € 40,-. The
Entrepreneur may deviate from the aforementioned amounts and percentages in favour
of the Consumer.

Article 14 – Complaints procedure
1. Complaints about the performance of the contract shall be submitted fully and clearly
described to the Entrepreneur within a reasonable time after the Consumer discovered
the defects
2. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days
after the date of receipt. Should a complaint require a foreseeable longer time for
handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an
indication when the Consumer can expect a more detailed reply.
3. If the complaint cannot be solved in joint consultation within a reasonable time or within 3
months after submitting the complaint, there will be a dispute that is open to the dispute
settlement rules.

Article 15 - Disputes
1. Contracts between the Entrepreneur and the Consumer to which these General Terms
and Conditions apply, are exclusively governed by Dutch law.
Article 16 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should
not be to the Consumer’s detriment and must be put in writing or recorded in such a way that
the Consumer can store them in an accessible manner on a long-term data carrier.
6

Appendix I: Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement)
i.To: [Entrepreneur’s name]
[Entrepreneur’s geographic address]
[Entrepreneur’s fax number, if available]
[Entrepreneur’s email address or electronic address]
ii.I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following
products: [specification of the product]*
iii.Ordered on*/received on* [date of receiving products]*
iv.[Consumer’s name]
v.[Consumer’s address]
vi.[Consumer’s signature] (only when this form is submitted on paper)
*) Delete and/or complete where appropriate




(Download the Terms and Conditions as a PDF document.)

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