Article 1 – Definitions

In these terms the following items are defined:

  1. Supplementary agreement: an agreement in which the consumer buys products, digital content and/or services in connection with an agreement at distance and these products, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of a deal between that third party and the entrepreneur.
  2. Time for thought: the period within which the consumer can use his right for withdrawal
  3. Consumer: the natural person who does not act from the objectives which relate to his trade, company, craft or professional activity.
  4. Day: calendar day
  5. Digital content: data which are produced and delivered in digital form.
  6. Long-term agreement: an agreement which arranges the regular delivery of products, services and/or digital content during a certain period of time.
  7. Sustainable data carrier: each means -including e-mail – which enables the consumer or entrepreneur to store information that is directed to him/her personally, in a way that enables future consultation or use during a periode that is adapted to the objective for which the information is meant, and that enables also unchanged reproduction of the stored information.
  8. Right of withdrawal: the possibility of the consumer to waive the agreement at distance within the period of time for thought.
  9. Entrepreneur: the natural person or business entity that offers products, (entrance to) digital content and/or services at distance to consumers; in this case the entrepreneur is camping-jack
  10. Agreement at distance: an agreement which is made between the entrepreneur and the consumer in the context of an organised system for sale at distance of products, digital content and/or services, at which until the making of the agreement only or partly one or more techniques for communication at distance is used.
  11. Model form for withdrawal: the European model form for withdrawal which is enclosed to these terms in appendix 1.
  12. Technique for communcation at distance: means that can used for the making of the agreement, without consumer and entrepreneur having to be gathered in the same room at the same time; simply put this is doing business between entrepreneur and consumer through the Internet by means of the camping-jack webshop of the entrepreneur.

Article 2 – Identity of the entrepreneur

Name entrepreneur: Evert van Duuren is owner of the Only Cabrios group, of which camping-jack is a part
Address of the company: Rijnstraat 51-B   4191 CK  Geldermalsen   THE NETHERLANDS (HOLLAND)
Telephone: 0031-620739724 (Monday through Friday 9,00-17.00 hours)
E-mail address: info@camping-jack.nl
Chamber of Commerce: 50126237 Chamber of Commerce Tiel/Arnhem
VAT identification number: NL002013623B73

Article 3 – Applicability

  1. These general terms are applicable to any offer of the entrepreneur and on any agreement made at distance between entrepreneur and consumer.
  2. Before the agreement at distance is made, the text of these general terms is made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate, before the agreement at distance is made, in which way the general terms are available at the entrepreneur for insight and that these general terms are sent to the consumer as soon as possible without costs.
  3. If the agreement at distance is made electronically, the text of these general terms can, notwithstanding the former at article 3 paragraph 2 and before the agreement at distance is made, be made available to the client electronically in such a way that it can be easily stored by the consumer on a sustainable data carrier. If this is reasonably not possible, the entrepreneur will indicate, before the agreement at distance is made, where the general terms can be read and that the general terms will be sent without costs electronically or by other means to the consumer.
  4. In the case of applicability of specific product or services terms apart from these general terms, the second and third paragraph of this article 3 are also applicable and the consumer can, in case of contradictory terms, always claim the article that is most favorable to him/her.

Article 4 – The offer

  1. I fan offer has a limited validity period or is done under terms, this is mentioned with emphasis in the offer.
  2. The offer contains a full and detailed description of the offered products, digital content and/or services. The description is sufficiently detailed to make a good judgement of the offer by the consumer possible. If the entrepreneur uses pictures, these pictures are a truthful display of the offered products, services and/or digital content. Apparent mistakes or apparent faults in the offer do not legally bind the entrepreneur.
  3. Each offer contains such information, that it is clear for the consumer which are the rights and obligations, which are connected with the acceptance of the offer.

Article 5 – The agreement

  1. The agreement is made, subject to the rules in aritcle 5 paragraph 4, on the moment of acceptance by the consumer of the offer and of meeting the terms concerned.
  2. If the consumer has accepted the offer electronically, the entrepreneur confirms directly and electronically the receipt of the acceptance of the offer. During the period that the entrepreneur did not yet confirm this acceptance, the consumer can dissolve the agreement.
  3. If the agreement is made electronically, the entrepreneur takes appropriate technical and organisational measures for securing the electronic communcation of data and arranges secure web surroundings. If the consumer can pay electronically, the entrepreneur will arrange appropriate security measures.
  4. The entrepreneur can – within legal boundaries – inform himself regarding the possibility of the consumer to fulfill his payment obligations, and of all the facts and factors which are important to the responsible entering into the agreement at distance. If the entrepreneur has good reasons, on the basis of this research, to not enter the agreement, the entrepreneur has the right to refuse an order or application or to demand special terms for the execution of the agreement.
  5. The entrepreneur will send ultimately at delivery of the product, the service or digital content to the consumer, the following information, written or in such a way that this can be stored by the consumer in an accessible way on a sustainable data carrier:
    1. The visiting address of the company of the entrepreneur where the consumer can complain.
    2. The terms and the way in which the consumer can use his right of withdrawal, or a clear communication regarding the exclusion of the right of withdrawal.
    3. The information about guarantee and existing service after purchase.
    4. The price including all taxes of the product, service or digital content; insofar applicable the costs of delivery; and the way of payment, delivery or execution of the agreement at distance.
    5. The demands for terminating the agreement if the agreement has a time period of more than 1 year or an indefinite time period.
    6. A model form for withdrawal, if the consumer has a right to withdrawal. In case of a transaction for long term this only holds for the first delivery.

Article 6 – Right of withdrawal

In the case of products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a time of thought of 14 days without giving reasons. The entrepreneur can ask the consumer for the reason of withdrawal, but cannot oblige the consumer to giving reasons.
  2. The time of thought mentioned in paragraph 1 of article 6 starts on the day after the consumer, or another person designated by the consumer, not being the transporter, received the product, or:
  3. If the consumer has ordered several products in the same order: the day in which the consumer, or a third person designated by the consumer, received the last product. The entrepreneur can refuse an order of several products with a different delivery time, under the condition that he informed the consumer before the order process in a clear way about this.
  4. If the delivery of a product consists of several sendings or parts: the day on which the consumer, or a third person designated by the consumer, received the last sending or the last part
  5. In case of agreements for delivery of products during a certain period: the day on which the consumer, or a third person designated by the consumer, received the product.

In the case of services and digital content which is not delivered on a material data carrier:

  1. The consumer can dissolve a services agreement and an agreement for delivery of digital content that is not delivered on a material data carrier during a time of thought of 14 days without giving reasons. The entrepreneur can ask the consumer for the reasons of withdrawal, but cannot oblige the consumer to giving reasons.
  2. The time of thought mentioned in article 1 above starts on the day which follows on the day of making the agreement.

Prolonged time of thought for products, services and digital content which is not delivered on a material data carrier at not informing about right of withdrawal:

  1. If the entrepreneur did not inform the consumer with the legally obligated information regarding the right of withdrawal or did not procure the model form for withdrawal, the time of thought ends 12 months after the end of the original time of thought as stated in the other paragraphs of this article 6.
  2. If the entrepreneur has given the information meant in the former paragraph 1 here above within 12 months after the start of the original time of thought, this time of thought ends 14 days after the day on which the consumer received this information.

Article 7 – Obligations of the consumer during the time of thought

  1. During the time of thought the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product as far as necessary to determine the nature, characteristics and the working of the product. Starting point here is that the consumer can only handle and inspect the product like the consumer would do in a physical shop.
  2. The consumer is only responsible for depreciation of the product which is the result of a way of handling the product beyond what is allowed in paragraph 1.
  3. The consumer is not responsible for depreciation of the product if the entrepreneur did not inform the consumer wit hall legally obligated information of the right of withdrawal before or after the making of the agreement.

Article 8 – Execution of the right of withdrawal by the consumer and costs of this

  1. If the consumer uses his right of withdrawal, the consumer communicates this within the time of thought by means of the model form for withdrawal or by any other clear way to the entrepreneur.
  2. As fast as possible, but within 14 days of the day following on the communication of the withdrawal mentioned in paragraph 1 of article 8, the consumer sends the product back or hands the product over to the entrepreneur, or to an authorized representative of the entrepreneur. This is not applicable if the entrepreneur offered to pick up the product himself. The consumer respected the time of returning the product if he sends this back before the time of thought has ended.
  3. The consumer sends back the product with all delivered extras and belongings, if reasonably possible in original condition and packaging, and in accordance with reasonable and clear instructions of the entrepreneur.
  4. The risk and the proof of a just and timely execution of the right of withdrawal rests with the consumer.
  5. The consumer carries the direct costs of the return of the product.
  6. If the consumer uses his right of withdrawal, all supplementary agreements are legally ended.

Article 9 – Obligations of the entrepreneur in case of withdrawal of consumer

  1. If the entrepreneur enables the communication of withdrawal by the consumer electronically, he sends a confirmation of receipt directly after reception of the withdrawal by the consumer.
  2. The entrepreneur reimburses all payments of the consumer, including any delivery costs of the product charged by the entrepreneur to the consumer for the original delivery, directly but within 14 days following the day the consumer communicated the withdrawal to the entrepreneur. Unless the entrepreneur offers to pick up the product himself, he can wait with paying back until he received the product or until the consumer proves he sent the product back, whichever takes place earlier.
  3. The entrepreneur uses the same payment method as the consumer used, unless the consumer agrees to another method. The back payment is costless for the consumer.
  4. If the consumer chose a more expensive mehtod of delivery than the less expensive standard delivery, the entrepreneur does not have to pay back the extra costs of the more expensive delivery method.

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services of the right of withdrawal, but only if the entrepreneur has mentioned this clearly and timely (before the making of the agreement) at the offer:

  1. Products or services of which the price is linked to volatility in the financial market on which the entrepreneur has no influence and which can appear within the time of withdrawal.
  2. Agreements which are made during a public auction. A public auction is 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 personally present at the auction, under the leadership of an auctioneer, and in which the succesfull bidder is obligated to take the products, digital content and/or services.
  3. Service agreements, after full execution of the service, but only if:
  4. The execution has started with explicit preliminary consent of the consumer, and
  5. The consumer has declared that he looses his right of withdrawal as soon as the entrepreneur has executed the agreement fully.

Article 11 – The price

  1. During the validity period mentioned in the offer, the prices of the offered products, services and/or digital content are not raised, except for price changes as a consequence of changes in VAT tariffs.
  2. Notwithstanding the former paragraph 1 of article 11, the entrepreneur can offer products or services of which the prices are linked to volatility of financial markets and on which the entrepreneur does not have influence, with variable prices. This link to volatility and the fact that any mentioned prices are indicatory prices, are mentioned at the offer.
  3. Price raises within 3 months after the making of an agreement are only allowed if they are the consequence of legal rules.
  4. Price raises from 3 months after the making of the agreement are only allowed if the entrepreneur has set this condition, and:
  5. These are the consequence of legal rules, or
  6. The consumer has the right to dissolve the agreement starting on the day of the price raise.

The prices mentioned in the offer of products, services and/or digital content are including VAT.

Article 12 – Compliance of the agreement

  1. The entrepreneur guarantees that the products, services and/or digital content meet the agreement, meet the specifications in the offer, meet the reasonable demands of soundness and/or usability, and meet the legal rules and/or authority rules on the date of the agreement.

Article 13 – Delivery and execution

  1. The entrepreneur will observe maximum care at receiving and execution of orders of products and at judging the demands for services.
  2. As place of delivery the address that the address that the consumer communicated to the entrepreneur, is valid.
  3. With respect to what is mentioned in article 4 of these general terms, the entrepreneur will execute accepted orders with due speed but at maximum within 30 days, unless another delivery time was agreed. If the transport causes delay, or i fan order cannot or can only partially be executed, the consumer is informed by the entrepreneur at maximum at 30 days after placing the order. In this case the consumer has the right to dissolve he agreement without costs.
  4. After dissolving the agreement according to paragraph 3 in article 13, the entrepreneur will immediately pay back the amount that the consumer paid.
  5. The risk of damage and/or missing of products rests at the entrepreneur until the moment of delivery to the consumer or until the moment of delivery to a designated representative beforehand communicated to the entrepreneur, unless explicitly agreed in another way.

Article 14 – Payment

  1. As far as not otherwise mentioned in the agreement or in the extra terms, the amounts payable by the consumer have to be paid before delivery of the goods takes place and ultimately 14 days after invoice date. After reception of the full payment the goods are delivered by the entrepreneur to the consumer.
  2. The consumer has the duty to communicate faults in payment data directly to the entrepreneur.
  3. If the consumer does not pay timely, he has to pay also the legal interest and the entrepreneur is entitled to charge the extrajudicial collection costs, after the entrepreneur has informed the consumer of the pending payment and after the entrepreneur has given an extra 14 days of payment period. The extrajudicial collection costs are at maximum: 15% over amounts below 2500 euros, 10% over the next 2500 euros and 5% over the next 5000 euros with a minimum of 40 euros. The entrepreneur can deviate from the mentioned amounts and percentages, in favour of the consumer.

Article 15 – Complaint rules

  1. The entrepreneur has a complaint procedure sufficiently communicated and processes the complaint according to this complaint procedure.
  2. Complaints on the execution of the agreement have to be communicated to the entrepreneur fully and clearly described, within due time after the consumer has noted the defects.
  3. Complaints communicated to the entrepreneur are answered within 14 days from the date of reception. If a complaint demands a predictable longer processing time, the entrepreneur will answer within 14 days with a message of reception and an indication when the consumer can expect a more detailed answer.

Article 16 – Disputes

  1. On agreements between the entrepreneur and the consumer within the reach of these general terms, only Dutch law is applicable.

Article 17 – Extra or different determinations

  1. Extra or different determinations from these general terms may not be disadvantageous to the consumer and have to be stated in writing or in such a way that these can be stored in an accessible way on a sustainable data carrier.

Appendix 1: Model form for withdrawal (also available here digitally)
________________________________________
WITHDRAWAL FORM
(Only fill out and send us this form if you want to withdraw from the agreement)
By post:
Camping-jack (part of the Only Cabrios group)
Brink 2a
4197 BT Buurmalsen
HOLLAND
By e-mail:
info@camping-jack.nl
I (we) hereby inform you that I (we) withdraw from the agreement on the sale of the following articles:

• …………………………………………………………………………………………………………………………………………..

• …………………………………………………………………………………………………………………………………………..

• …………………………………………………………………………………………………………………………………………..

• …………………………………………………………………………………………………………………………………………..

• …………………………………………………………………………………………………………………………………………..

Received at ……..-………-………… (dd-mm-yyyy)
Name of the consumer:

• ………………………………………………………………………………………………………………………………………….

Address, postal code, and city:

• …………………………………………………………………………………………………………………………………………

• ………………………………………………………………………………………………………………………………………….

Signed at place and date:

• …………………………………………………………. ………………………………………………………………………….

Name and signature of the consumer (only to be signed if this form is sent by post):

• ………………………………………………………………………………………………………………………………………….