Conditions d’utilisation


Bb-Talkin.eu Terms and Conditions

Bb-Talkin.eu Terms and conditions are subject to Dutch law

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 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Continuing performance contract: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Additional provisions or derogations

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur.
Reflection period: the period during which the Consumer may use his right of withdrawal.
Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities.
Day: calendar day.
Digital content: data produced and delivered in digital form.
Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period.
Sustainable data carrier: any means, including email, 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.
Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period.
Entrepreneur: the natural or legal person who provides products, (access to) digital content and/or services to Consumers at a distance.
Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract.
Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1.
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

Name of Entrepreneur: BB Talkin Europe
Business address: Straat van Corsica 20, 3825 VA Amersfoort, Netherlands
Email address: sales@bb-talkin.nl
Chamber of Commerce number: 30203476
VAT identification number: NL001939463B56
EU-EORI: NL3012907820

Article 3 – Applicability

These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
Before concluding a distance contract, the Entrepreneur shall make the text of these 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 distance contract is concluded.
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 at the Consumer’s request free of charge, either via electronic means or otherwise, before concluding the distance contract.
In the event that specific product or service conditions 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

If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
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 agreement

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.
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.
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.
The Entrepreneur may, within the limits of the law, gather information about the 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.
Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:

  1. the visiting address of the Entrepreneur’s business establishment where the Consumer may get into contact with any complaints;

  2. 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;

  3. the information corresponding to existing after-sales services and guarantees;

  4. the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;

  5. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time;

  6. the standard form for withdrawal if the Consumer has the right of withdrawal.

  7. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

Products
The Consumer can repudiate a purchase contract for a product without giving reasons for a reflection period of 14 days after receiving the order. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
The reflection period 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
• 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); or
• 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; or
• 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.

Services and digital content not delivered on a physical carrier
The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during 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).
The reflection period referred to in this paragraph starts on the day following the conclusion of the agreement.

Extended reflection period where withdrawal information was not provided
If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period.
If the Entrepreneur provides the required information within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 days after the day on which the Consumer received the information.

Article 7 – Consumer’s obligations during the reflection period

During the reflection period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, characteristics and functioning of the product. 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.
The Consumer is liable only for any diminished value of the product resulting from handling the product beyond what is permitted in the previous paragraph.
The Consumer is not liable for any diminished value of the product if the Entrepreneur has not provided all legally required information about the right of withdrawal before concluding the agreement.

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

If the Consumer exercises his right of withdrawal, he shall notify the Entrepreneur unambiguously using the standard form for withdrawal within the reflection period.
The Consumer shall return the product or deliver it to (the authorised representative of) the Entrepreneur as soon as possible, but within 14 days counting from the day following the notification. This need not be done if the Entrepreneur offers to collect the product himself. The Consumer meets the return deadline if the product is sent back before the expiry of the 14-day period.
The Consumer shall return the product with all delivered accessories and, if reasonably possible, in the original state and packaging and in conformity with reasonable and clear instructions given by the Entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
The Consumer shall bear the direct costs of returning the product unless the Entrepreneur has not informed the Consumer that these costs are payable by the Consumer or has stated that he will bear the costs himself.
The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if:
• prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the reflection period; or
• he did not acknowledge losing his right of withdrawal when giving consent; or
• the Entrepreneur failed to confirm the Consumer’s acknowledgement.
If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

Article 9 – Entrepreneur’s obligation in case of withdrawal

If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send an acknowledgement of receipt.
The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs charged 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 may withhold reimbursement until he has received the product back or the Consumer has supplied evidence of having sent back the product, whichever is earlier.
Reimbursement shall be made using the same means of payment used by the Consumer, unless the Consumer agrees to another method. The reimbursement is free of charge for the Consumer.
If the Consumer opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur is not obliged to reimburse the additional costs.

Article 10 – Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if this was clearly stated when making the offer or at any rate in good time before concluding the agreement:

• products or services with prices subject to fluctuations in the financial market that are beyond the Entrepreneur’s control and that may occur within the withdrawal period;
• agreements concluded during a public auction (a selling method in which products, digital content and/or services are offered by the Entrepreneur to the Consumer who is personally present or has the possibility to be present at the auction under the direction of an auctioneer and where the successful bidder is obliged to purchase);
• service agreements after full performance of the service, but only if:
a) performance started with the Consumer’s explicit prior consent; and
b) the Consumer stated that he will lose his right of withdrawal once the Entrepreneur has fully performed the agreement;
• services for accommodation for a specific date or period and not for residential purposes, goods transport, car rental services and catering;
• agreements related to leisure activities for a specific date or period;
• products manufactured in accordance with the Consumer’s specifications, which are not prefabricated and are produced on the basis of an individual choice or decision or are clearly intended for a specific person;
• perishable products or products with a limited durability;
• sealed products which, for health or hygiene reasons, are not suitable for return and which have been unsealed after delivery;
• products which, by their nature, are irrevocably mixed with other products after delivery;
• alcoholic drinks of which the price was agreed upon at the conclusion of the agreement but whose delivery can take place only after 30 days and whose actual value depends on market fluctuations beyond the Entrepreneur’s control;
• sealed audio and video recordings and computer software unsealed after delivery;
• newspapers, periodicals or magazines, except for subscriptions;
• delivery of digital content other than on a physical carrier, but only if:
– performance started with the Consumer’s explicit prior consent; and
– the Consumer stated that he will lose his right of withdrawal by doing so.

Article 11 – The price

The prices of the products and/or services shall not be raised during the validity period given in the offer, subject to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of fluctuations and that any indicated prices are target prices.
Price increases within 3 months after concluding the contract are permitted only if they result from new legislation.
Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated this and either:
• they result from legal regulations or stipulations; or
• the Consumer has the authority to cancel the contract before the day on which the price increase starts.

Article 12 – Compliance and extra guarantee

The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and reliability and with statutory provisions and/or government regulations in force on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for uses other than normal use.
An extra guarantee offered by the Entrepreneur, Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur regarding a failure in the fulfilment of the Entrepreneur’s obligations.
“Extra guarantee” means each obligation by the Entrepreneur, Supplier, Importer or Manufacturer in which specific rights or claims are granted to the Consumer that go beyond what is legally required in case of non-compliance.

Article 13 – Delivery and execution

The Entrepreneur shall exercise the best possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address given by the Consumer to the Entrepreneur.
Any customs or import duties levied on the ordered package, and/or customs declarations and regulations required once it reaches its final country of delivery, are the sole responsibility of the recipient. The Entrepreneur has no control over the application or amount of such charges. Customs policies vary widely from country to country.
With due observance of Article 4, the Entrepreneur shall execute accepted orders with due speed, but at least within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can be fulfilled only partially, the Consumer shall be informed within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
After repudiation, the Entrepreneur shall return any payment made by the Consumer promptly and at least within 30 days.
The risk of loss and/or damage to products passes to the Consumer at the time of shipment to the Consumer or a representative appointed in advance and made known to the Entrepreneur, unless explicitly agreed otherwise.

Article 14 – Continuing performance contract: duration, termination and extension

The Consumer may terminate a contract concluded for an indefinite period and which extends to the regular delivery of products or services at any time, with due observance of the termination rules and subject to not more than one month’s notice.
The Consumer may terminate a contract concluded for a specific time and which extends to the regular delivery of products or services at the end of the fixed term, with due observance of the termination rules and subject to not more than one month’s notice.
The Consumer can cancel the agreements mentioned above:
• at any time and not limited to termination at a particular time or in a given period;
• at least in the same way as they were concluded; and
• at all times with the same notice as stipulated by the Entrepreneur.

Extension
An agreement concluded for a definite period which extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers and magazines may be tacitly renewed for a specific period of three months at most, provided the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at most.
An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at most in the case of regular but less than monthly delivery of dailies, newspapers or weeklies.
An agreement with limited duration for regular delivery of trial dailies, newspapers or magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.

Duration
If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist termination before the end of the agreed term.

Article 15 – Payment

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 reflection period, or if there is no reflection period, within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day the Consumer received the confirmation of the agreement.
When selling products to Consumers, it is not permitted to require 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 execution of the order or the service(s) before making the agreed advance payment.
The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details provided.
If the Consumer has not complied with his payment obligations in time, and the Entrepreneur has pointed this out and allowed a period of 14 days to comply, the Consumer is to pay statutory interest on the amount due and the Entrepreneur is entitled to charge reasonable extrajudicial collection costs. These 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 €5,000, with a minimum of €40. The Entrepreneur may deviate from these amounts and percentages in favour of the Consumer.

Article 16 – Complaints procedure

The Entrepreneur shall have a sufficiently publicised complaints procedure in place and shall handle complaints in accordance with that procedure.
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.
Complaints submitted to the Entrepreneur shall be answered within 14 days after the date of receipt. If a complaint requires a foreseeably longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed reply.
If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, a dispute arises that is open to dispute settlement rules.

Article 17 – Additional provisions or derogations

Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law.
Additional provisions 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.

Standard Form for Withdrawal

(Complete this form and return it only when you want to revoke the agreement.)

To: BB Talkin Europe
Straat van Corsica 20
3825 VA Amersfoort
The Netherlands
info@bb-talkin.nl

I/We hereby inform you that I/we wish to revoke our agreement regarding:
• the sale of the following products: [specification of the product]*
• the delivery of the following digital content: [specification of the digital content]*
• the performance of the following service: [specification of the service]*

Ordered on*/received on* [date of ordering the services or receiving products]*

[Consumer’s name]
[Consumer’s address]
[Consumer’s signature] (only when this form is submitted on paper)

*) Delete and/or complete where appropriate.