Terms and Conditions

Artikel    10   Conformiteit en garantie

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 weeks after delivery. The products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur 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.
5. The warranty does not apply if:
   • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;
   • De geleverde producten aan abnormale omstandigheden zijn blootgesteld of anderszins onzorgvuldig worden behandeld of in strijd zijn met de aanwijzingen van de ondernemer en/of op de verpakking behandeld zijn;
   • De ondeugdelijkheid geheel of gedeeltelijk het gevolg is van voorschriften die de overheid heeft gesteld of zal stellen ten aanzien van de aard of de kwaliteit van de toegepaste materialen.

Artikel    11    Levering en uitvoering

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
   In case of purchased services, the address is the location where this service or activity will take place.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. Delivery of services will take place on the date, time and location indicated at the time of booking/purchase.
   Delivery times of products are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Artikel    12    Duurtransacties: duur, opzegging en verlenging

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. De consument kan een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van producten (elektriciteit daaronder begrepen) of diensten, te allen tijde tegen het einde van de bepaalde duur opzeggen met inachtneming van daartoe overeengekomen opzeggingsregels en een opzegtermijn van ten hoogste één maand.
3. The consumer can conclude the agreements referred to in the previous paragraphs:
   • te allen tijde opzeggen en niet beperkt worden tot opzegging op een bepaald tijdstip of in een bepaalde periode;
   • tenminste opzeggen op dezelfde wijze als zij door hem zijn aangegaan;
   • altijd opzeggen met dezelfde opzegtermijn als de ondernemer voor zichzelf heeft bedongen.

extension

1. An agreement that has been entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
2. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer opposes this extended contract. can cancel the end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into 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 may cancel at any time with a notice period of at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. Een overeenkomst met beperkte duur tot het geregeld ter kennismaking afleveren van dag-, nieuws- en weekbladen en tijdschriften (proef- of kennismakingsabonnement)  wordt niet stilzwijgend voortgezet en eindigt automatisch na afloop van de proef- of kennismakingsperiode.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Artikel    13    Betaling

1. Payment takes place, unless otherwise agreed in writing [email], by direct payment in the webshop, according to the options offered there.
2. Payment can, if so indicated or agreed in writing, take place in installments, which are made by direct debit
3. In exceptional cases, payment in cash can be agreed in writing and will then take place at the latest upon delivery / start of the activity.
4. If this has been agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
5. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
6. 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.

Collection costs
If the consumer is in default or in default in the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the consumer.

Retention of title
Alle door CAMER37 in het kader van de Overeenkomst geleverde zaken blijven eigendom van CAMER37 totdat de Wederpartij hetgeen hij op grond van de Overeenkomst is verschuldigd deugdelijk is nagekomen en volledig heeft voldaan.

Voucher
A Voucher can only be outsourced to CAMER37 via the web store.
A voucher is only valid during the validity period. The validity period is stated on the Voucher.
In case of distance selling, the customer has the right to cancel a voucher.

Gift voucher

1. A gift voucher can be purchased in the webshop and can only be outsourced at CAMER37.
2. A gift voucher is only valid during the validity period. The validity period is shown on the gift voucher.
3. A gift voucher is not issued personally. Redemption of the gift voucher takes place via the web store and is thereby identified.

Suspension
If the Other Party does not, not fully or not timely fulfill an obligation under the Agreement, CAMER37 has the right to suspend the fulfillment of the corresponding obligation.

Dissolution

1. If the Other Party does not, not fully, not timely or not properly fulfill an obligation under the Agreement, CAMER37 is authorized to dissolve the Agreement with immediate effect, unless the shortcoming does not justify the dissolution in view of its minor significance.
   In geval van ontbinding is de consument de toegang tot de activiteit ontzegd. Na ontbinding worden vorderingen onmiddellijk opeisbaar.
2. Furthermore, CAMER37 is authorized to dissolve the Agreement with immediate effect.
3. Indien CAMER37 de overeenkomst op grond van de voorgaande gronden ontbindt, is CAMER37 niet aansprakelijk voor enigerlei kosten of schadevergoeding.

Force majeure
A shortcoming cannot be attributed to CAMER37 or the Other Party, as the shortcoming is not due to its fault, nor is it for its account by law, legal act or generally accepted standards. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement

Force majeure is understood to mean:
Absence for any reason of experts, coaches, trainers and teachers hired by CAMER37.
Disruptions, delays and accidents of/with public means of transport.
Unexpected extreme weather conditions that make it impossible to continue an activity.

Warranties

1. CAMER37 guarantees that the delivered goods and services comply with the agreement.
2. The warranty stated in these General Terms and Conditions applies for use within and outside the Netherlands.
3. Indien het geleverde product* niet voldoet aan de garantie, zal CAMER37, na vermelding hiervan, het product binnen een redelijke termijn na ontvangst kosteloos vervangen of herstellen. [Dit geldt voor fysieke producten, niet voor diensten]
4. If a product is produced by a manufacturer, the customer is also entitled to a manufacturer's warranty.

Research and advertising

1. The consumer is obliged to inspect the delivered goods* at the time of delivery, but in any case within three days after delivery.
2. Visible defects and shortcomings must be notified in writing to Algemeen B.V. within three days of delivery of the Product. to be reported.
   *[fysieke producten]

Artikel    14    Klachtenregeling

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
3. 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.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In the event of complaints, a consumer must first turn to the entrepreneur. In the event of complaints that cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not yet reached, the consumer has the option of having his complaint handled by Stichting GeschilOnline (www.geschilonline.com), the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. 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.

Artikel    15     Geschillen en Toepasselijk Recht

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Artikel    16    Annuleringsvoorwaarden

1. Cancellation by the consumer
   If massages are canceled at least 36 hours before the booked time, the consumer can cancel free of charge.
2. Reserved and prepaid massages
   A prepaid massage can be rescheduled free of charge from 36 hours to four hours before the time of the appointment. You can only move or change the appointment via the link in the confirmation email. If the appointment is moved or canceled less than four hours before the start of the appointment, a reservation fee will be charged that is equal to the cost of the massage. Prepaid amounts are non-refundable.

Artikel    17    Aansprakelijkheid en Vrijwaring

Liability

1. CAMER37 is only liable for direct damage caused by conscious recklessness or intent on the part of CAMER37.
2. CAMER37 is never liable for indirect damage.
   Indirect damage is understood to mean but is not limited to:
   • Acts performed by CAMER37 appointed or hired guidance, coaches, trainers and other employees.
   • CAMER37 is not liable for damage, of whatever nature, due to CAMER37 relying on incorrect and/or incomplete information provided by the Other Party, unless CAMER37 should have been aware of this inaccuracy or incompleteness.

Disclaimer

The consumer indemnifies CAMER37 against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the consumer.

Limitation Period

Contrary to the statutory limitation periods, a limitation period of one year applies to all claims against CAMER37 and the third parties engaged by CAMER37 (possibly).   

If a claim relates to a defect in a product, the limitation period is two years

Intellectual ownership

CAMER37 reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations.

Privacy CAMER37 will keep the data and information that the Other Party provides to CAMER37 carefully and confidentially.
CAMER37 mag de persoonsgegevens van de Wederpartij uitsluitend en alleen gebruiken in het kader van de uitvoering van zijn leveringsplicht of het afhandelen van een klacht