General terms and conditions webshop www.omnifoto.nl

These terms and conditions set out some basic rules for us as an online shop and you as a consumer.

Table of contents

General terms and conditions webshop www.omnifoto.nl

Article 1 Definitions …………………………………………………………………………………………………………………… 2

Article 2 Our identity ……………………………………………………………………………………………………………. 2

Article 3 Applicability ………………………………………………………………………………………………………… 2

Article 4 Information ………………………………………………………………………………………………………………….. 3

Article 5 Attachment and security ……………………………………………………………………………………………. 3

Article 6 Right of withdrawal on delivery of products …………………………………………………………………… 4

Article 7 Right of withdrawal in case of supply of non-material services and digital content carrier has been delivered ………………………….. 4

Article 8 Exclusion of right of withdrawal ………………………………………………………………………………………….. 4

Article 9 Dissolution by revocation …………………………………………………………………………………………. 5

Article 10 The price …………………………………………………………………………………………………………………….. 6

Article 11 Compliance and warranty ……………………………………………………………………………………………… 6

Article 12 Delivery and execution ………………………………………………………………………………………………… 6

Article 13 Duration transactions: termination, renewal and duration …………………………………………………………….. 7

Article 14 Payment …………………………………………………………………………………………………………………….. 7

Article 15 Complaints procedure ………………………………………………………………………………………………………… 8

Article 16 Intellectual property ………………………………………………………………………………………………… 9

Article 17 Personal data ………………………………………………………………………………………………………. 9

Article 18 Applicable law and competent court …………………………………………………………………………. 9

Article 19 Links ………………………………………………………………………………………………………………………… 10

Article 20 Your data …………………………………………………………………………………………………………….. 10

Article 21 Additional or different provisions ………………………………………………………………………….. 10

Article 22 Amendments to General Terms and Conditions …………………………………………………………………………….. 10

1

Article 1 Definitions

In these general terms and conditions, we mean:

1. We: the natural or legal person providing products and/or services to consumers at a distance
   offers; in this case, the online shop where you made the purchase.
   
   
2. You: this is you; the natural person not acting in the exercise of a profession or business and enter into a remote agreement with us.
   
   
3. Distance contract: an agreement which makes exclusive or joint use ofone or more means of distance communication (see no. 4) for the sale of a product, service or digital content up to and including the conclusion of the contract, e.g. an order at an online shop, as well as telephone or written orders.
   
   
4. Remote communication technique: means that can be used to conclude a agreement, without you and us having been in the same room at the same time; for example, telephone or internet.
   
   
5. Reflection period: the period within which you can exercise the right of withdrawal.
   
   
6. Right of withdrawal: your option to withdraw from the contract within the cooling-off period on distance.
   
   
7. Day: calendar day.
   
   
8. Duration transaction: a distance contract for a range of products, services or digital content, whose delivery and/or purchase obligation is spread over time.
   
   
9. Durable medium: any means that you can use to hold information that is personal to you targeted storage, where this information can later be consulted and unchanged reproduction of this information is possible, e.g. a CD-ROM or a USB stick.
   
   
10. Digital content: data produced and delivered in digital form
    
    

Article 2 Our data:

www.omnifoto.nl

Norgerweg 143 9494PB Yde Netherlands

(no pick-up address, pick-up by appointment only)

Phone number: +31 06 11 66 74 38

Availability: Monday to Friday: 10.00-16.00

Saturday: 10.00-14.00

Email address: support@omnifoto.nl

Chamber of Commerce number: 04059324

BTW-identificationnumber: NL001291923B59

Bank account number: NL83 RABO 0315 8188 24

Article 3 Applicability

1. These general terms and conditions apply to any offer made by us and to any concluded remote agreement between you and us.
   
   
2. These terms and conditions are available to you before you conclude the distance contract. Where this is not reasonably possible, where and how to access the terms and conditions at us. If you wish, we will send you the general terms and conditions free of charge as soon as possible.
   
   
3. If the distance contract is concluded electronically, other than in the previous member and even before the contract is concluded- these general terms and conditions electronically to you available. We then do this in a way that you can easily store them on a durable medium. Where this is not reasonably possible, we will indicate where and how you can obtain it general terms and conditions electronically. When requested, we will send them to you as soon possibly free electronic
   
   
4. Where specific product or service terms apply in addition to our general terms and conditions, paragraphs 2 and 3 are also valid for this purpose. Where conflicting general terms and conditions apply are, you can rely on the provision that is most favourable to you.
   
   

Article 4 Information

1. Before you close the sale, we will provide you with information that will allow you to properly assess the offer, for example, by providing a description and images of the product, service and/or digital content that correspond to reality. In addition, you will receive clear information about your rights and obligations, such as:
   
   1. the total price to be paid, including, for example, any disposal fee or delivery costs;
      
      
   2. the manner in which the agreement is concluded;
      
      
   3. Whether or not the right of withdrawal applies;
      
      
   4. the method of payment, delivery or performance of the agreement;
   5. the period that the price or the possibility to accept the offer applies;
      
      
   6. the rates you have to pay if you want to contact us, when this is different from the base rate;
      
      
   7. the way in which, prior to the conclusion of the contract of acts you did not want on becomes aware, as well as how you can rectify it before the agreement is concluded coming;
      
      
   8. any languages in which, in addition to Dutch, the agreement may be concluded;
      
      
   9. the codes of conduct we are required to abide by and the way in which you can make these codes of conduct can view electronically;
      
      
   10. How you can access the data we have stored about you; and
       
       
   11. the minimum duration of the distance contract, if it is an endurance transaction.
       
       
   12. At the latest upon delivery of the product, service or digital content, we will provide you with the following information. You will receive this information in writing or in such a way that you can easily store it on a durable data carrier (e.g. a CD-ROM or USB stick):
       
       

1. our visiting address, where you can lodge a complaint;

2.Whether you have a right of withdrawal and, if you have a right of withdrawal, the manner in which you can exercise it can use;

1. information on existing after-sales service and guarantees;

2. the data mentioned above in paragraph 1, unless you already have them before the execution of the agreement got;

1. the conditions for terminating the agreement if it lasts longer than one year or of indefinite duration;

1. if you have a right of withdrawal, the model withdrawal form.

2. In a duration transaction, paragraph 2 applies only to the first delivery.

Article 5 Confirmation and security

1. Once you have placed an order, we will send you an electronic confirmation. As long as this is not has happened, you can still abandon the purchase by rescinding the agreement (see article 9).
   
   
2. If you order via the Internet, we secure the data exchanged and the online environment. If you pay electronically, we provide appropriate security measures.
   
   
3. We can investigate whether you can meet your payment obligation and whether you can complete the agreement on distance responsibly, as long as we stay within the law in doing so. For example, we may check whether you are registered with the Bureau of Credit Registration. When we have good reason have not to enter into the agreement, we may justify your order or request refuse or attach special conditions to the performance.

3

Article 6 Right of withdrawal on delivery of products

When purchasing products, you have a cooling-off period of at least 14 days.

1. The cooling-off period starts on the day after you have received the product or that it has been received by a prior designated third party has been received; or:

1. if you have ordered several products in one order: the day on which you, or a member of your designated other -not the carrier- has received the last product. We may, when we have clearly informed you of this prior to the ordering process, a refuse orders for multiple products with different delivery times.

1. if the delivery of a product consists of several shipments or parts: the day on which you or another person designated by you -not the carrier- the last shipment or part has received;

1. in the case of contracts for regular delivery of products during a given period: the day on which you have the first product at another -not the carrier- designated by you received.
   
   
2. During the cooling-off period, you may dissolve the contract (see article 9 on how to do this).
   
   
3. During the cooling-off period, you must handle the product and its packaging with care. This means that you only unpack or use the product to the extent necessary to assess whether you want the product keep. If you exercise your right of withdrawal, send the product with all delivered accessories and if reasonably possible – in its original condition and packaging back to us. We inform you how to do this. This information must be reasonable and clear according to the law.
4. If you exercise your right of withdrawal, at most you will pay the cost of return shipment.
   
   
5. Any other charges you have already paid, including delivery charges, we will pay as soon as possible back, but at the latest within 14 days counted from the day after you reported the withdrawal.

If we do not collect the product ourselves, we may wait to refund the product until we have received the product or that you have proved that the product was returned. We will pay you back at the time that falls first.

Article 7 Right of withdrawal in case of supply of services and digital content which is not on a tangible medium delivered

1. In case of delivery of services and digital content not delivered on a tangible medium, you have a cooling-off period of at least 14 days. The cooling-off period starts the day after you enter into the agreement.
   
   During the cooling-off period, you can cancel the contract without giving a reason.
   
   
2. We will provide you with information on how to use make use of your right of withdrawal. This information should be reasonable and clear.
3. We will refund all charges you have already paid as soon as possible, but at the latest within 14 days, counted from the day after you reported the withdrawal to us.

Article 8 Exclusion of right of withdrawal

Sometimes you do not have a right of withdrawal. We must then make this clear and before the contract is closed mention. They are:

1. Products or services whose price is linked to fluctuations in the financial market over which we have no control and which may fluctuate within the withdrawal period occur;
   
   
2. Contracts concluded at a public auction. A public auction means we are a sales method whereby we offer products, services, and/or digital content to you while you attend or have the opportunity to attend the auction in person, under led by an auctioneer, and in which the successful bidder is obliged to purchase the products, services and/or buy digital content;
3. Service agreements, after full performance of the service, but only if:
   
   
4. implementation has begun with your express prior consent, and
   
   
5. you have declared that you lose your right of withdrawal as soon as we have fully performed;

4. Service agreements for provision of accommodation, if the agreement includes a particular date or period of performance stands and is other than for residential purposes, freight transport, car rental services and catering;

5. Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;

6. Agreements on leisure activities, if in the agreement a specific date or period of execution state;

7. Products manufactured to your specifications, which are not prefabricated and are manufactured based on your individual choice or decision, or which are clearly for a specific person are intended;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products which, for reasons of health protection or hygiene, are not suitable for to be returned and whose seal has been broken after delivery;

10. Products which, after delivery, are by their nature irrevocably mixed with other products;

11. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value is depends on market fluctuations beyond our control;

12. Sealed audio, video recordings and computer software of which you have broken the seal broken;

13. Loose newspapers and magazines excluding subscriptions to them;

14. The supply of digital content other than on a tangible medium, but only if:

15. implementation has begun with your express prior consent; and

16. you have declared that you thereby lose your right of withdrawal.

Article 9 Dissolution by revocation

1. You can dissolve the agreement free of charge within the cooling-off period and even if you have not yet placed the order received (see article 6 for products, article 7 for services and/or digital content and article 8 for possible exceptions).
2. To exercise the right of withdrawal, you must notify us of the withdrawal. This can be done by using the model withdrawal form or in another unambiguous manner.
   
   
3. If we enable notification of withdrawal by you electronically, we will send after receipt of this notification immediately.
   
   
4. We may ask you for the reason for withdrawal, but you do not have to give it.
   
   
5. You must return the product as soon as possible, but within 14 days from the day following the date specified in paragraph 2 intended notification, return it to us, or hand it over to (an authorised representative of) us.
   
   This need not if we have offered to collect the product ourselves. You have the return period in any case observed if you return the product before the cooling-off period has expired.
   
   
6. You return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
   
   
7. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
   
   
8. You pay the direct cost of returning the product. If we have not notified you that you have to bear these costs, or if we indicate that we will bear the costs ourselves, you do not have to bear the costs for return not to pay.
   
   
9. If you revoke after first expressly requesting that the provision of the service begin during the cooling-off period, you will owe us an amount proportionate to that part of the service that is we have performed at the time of withdrawal, compared to the full performance of the service.
10. You do not bear any costs for the performance of services such as:
    
    
11. we provide you with the legally required information on the right of withdrawal, reimbursement of costs in case of have not provided the withdrawal or the model withdrawal form, or;

1. you have not expressly requested the commencement of performance of the service during the cooling-off period requested.

11. You shall not bear any costs for the delivery, in full or in part, of items not on a tangible medium delivered digital content, as:.

1. you have not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period; .

1. you have not acknowledged losing your right of withdrawal when giving its consent;

or .

2. we have failed to confirm this statement by you.

3. If you exercise your right of withdrawal, all additional agreements of dissolved by operation of law. .

13. We will use the same means of payment you used for refunds, unless you agree to another method. The refund will be free of charge to you. .

14. If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to refund the additional cost for the more expensive method.

Article 10 The price

1. We may change the price of the service or product offered during the not increase validity period except due to changes in VAT rates.
   
   
2. Notwithstanding the previous paragraph, we may offer products or services whose prices are linked to fluctuations in the financial market and over which we have no control, with variable prices offer. We then mention in the offer this bound to fluctuations and the fact that any prices quoted are guide prices.
   
   
3. We may increase the price within 3 months of the conclusion of the agreement only if the increase is due to legal regulations or provisions.
4. We may increase the price from 3 months after the conclusion of the agreement only if

we have stipulated this prior to the conclusion of the agreement and:

1. the price increase is due to statutory regulations or provisions; or

2. you can cancel the agreement by the day the price increase takes effect.

3. All prices include VAT.

Article 11 Compliance and warranty

1. We guarantee that the products and/or services comply with the agreement, the offer’s mentioned specifications, to the reasonable requirements of soundness and/or usability and the specifications listed on the date of conclusion of the agreement existing legal provisions and/or government regulations. We will also cover other than normal use, if you have agreed this with us agreed.
   
   
2. We, a manufacturer or an importer can offer you a warranty scheme. This scheme does nothing waives the rights and claims you have in the event of a breach of our obligations under the law and/or the distance contract.

Article 12 Delivery and execution

1. We are as careful as possible in receiving and fulfilling orders from products and in assessing requests for the provision of services.
   
   
2. As the place of delivery, we assume the address you provide to us.
   
   
3. We execute accepted orders expeditiously, at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order is not or can only be carried out in part, you will receive notification of this no later than one month after the placement of the order. In that case, you have the right to cancel the contract without cost dissolve and entitled to any damages.
   
   
4. In case of dissolution under the previous paragraph, we will pay the amount you paid back without delay.
   
   
5. The risk of damage and/or loss of products lies with us until the moment of delivery to you or a representative designated and disclosed to us in advance, unless expressly otherwise agreed.

Article 13 Duration transactions: termination, renewal and duration

Termination:

1. You can enter into an agreement for an indefinite period of time and which is a duration transaction at any time terminate as long as you do so in accordance with the agreed termination rules and with a notice period of up to one month.
   
   
2. You may at any time terminate a fixed-term contract and which is a duration transaction against the end of the fixed term as long as, in doing so, you follow the agreed termination rules persists and with a notice period of up to one month.
   
   
3. You can make the agreements from paragraphs 1 and 2 of this article:
   – terminate at any time and not be limited to termination at a particular time or in a given period;
   – at least cancel in the same way you entered into the agreement;
   – always cancel with the same notice period as we have given for ourselves.
   
   Extension:
   
   
4. A fixed-term contract and which concerns a duration transaction may not be tacitly be extended or renewed for a certain duration.
   
   
5. Notwithstanding the previous paragraph, an agreement for a fixed term and covering duration contracts of daily news and weekly newspapers and magazines are tacitly renewed for a specified duration of up to three months, if you have this extended agreement by the end of the extension may terminate with a notice period not exceeding one month.
   
   
6. A fixed-term contract and involving a duration transaction may only be tacitly extended for unlimited duration if you are allowed to terminate at any time with a notice period of at least maximum one month. The notice period is up to three months when it concerns a agreement to deliver daily, news and weekly newspapers less than once per month will be delivered.
   
   
7. An agreement of limited duration for the regular delivery for acquaintance of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
   
   Duration:
   
   
8. If an agreement lasts longer than one year, you may terminate the agreement at any time after one year with up to one month’s notice, unless reasonableness and fairness dictate otherwise. oppose termination before the end of the agreed term.

Article 14 Payment

1. Until something else is agreed, you must pay the amounts due within 14 days from the day after the start of the cooling-off period. In case several products from one order are delivered at different times, the payment period starts after delivery of the last product.
   
   In the case of an agreement to provide a service, you must pay within 14 days after you received our confirmation of the agreement. If you do not have a cooling-off period, then within you Pay 14 days from the day after the conclusion of the agreement.
   
   
2. In the case of a distance purchase, general terms and conditions never require a prepayment of more than 50% may be requested and that, to the extent nothing else has been agreed, you will pay (the remainder of) the purchase price paid upon delivery of the order or after providing a service.
   
   
3. You have a duty to immediately inform us of any inaccuracies in payment details provided or stated report.
   
   
4. If you fail to pay (on time), we have the right to charge the reasonable charge extrajudicial collection costs. The amount of these costs is legally capped. We can deviate from this in your favour.

Article 15 Complaints procedure

1. We have a complaints procedure that is sufficiently familiar and will handle your complaint as is described in this complaints procedure.
   
   
2. Complaints about the performance of the agreement must be made within a reasonable time, fully and clearly described should be submitted to us after you have found the defects.
   
   
3. Complaints submitted will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, we will reply within the period of 14 days with a notice of receipt and an indication of when the you will receive a more detailed answer can expect.
   
   
4. If there is no mutual resolution to a complaint, you can take your complaint to Qshops. U you can also appeal to mediation by Qshops Keurmerk. You can exercise this right make via the online complaint form on the Qshops Quality Mark website. See: https://www.qshops.org/pages/klacht_melden The complaint is then sent to Qshops Initially to sent to the seller for handling. Qshops mediates a solution within three months between you and us. If mediation by Qshops fails or does not succeed within the three-month period, you can still take the complaint to a Disputes Committee.
   
   
5. If you have a complaint, you can also always register it with the European ODR platform via http://ec.europa.eu/odr

Article 16 Intellectual property

As a consumer, you expressly acknowledge that all intellectual property rights of the displayed information, communications or other expressions relating to the products and/or relating to the internet site lie with us, our suppliers or other rights holders.

Article 17 Personal data

We process your data only in accordance with our privacy policy. In doing so, we take the applicable regulations.

Article 18 Applicable law and competent court All our offers, the agreements between you and us, and the performance thereof shall be exclusively Dutch law applies.

Article 19 Links

Our website may contain third-party advertisements or links to other sites. On the privacy policies of these third parties or their sites are beyond our control and we are not responsible for them.

Article 20 Your data

You can always ask us by e- mail which of your data is being processed. You can also send an e-mail to ask us to make improvements, additions or other corrections, which we will as soon as possible processing. If you no longer wish to receive information, please let us know. Information will only be sent if you have provided your e-mail address for this purpose.

Article 21 Additional or different provisions

Additional clauses or provisions that deviate from these general terms and conditions may not make you disadvantage. These provisions must be in writing or available in such a way that you can store them in an accessible manner on a durable medium.

Article 22 Amendments to General Terms and Conditions

1. Qshops Keurmerk may unilaterally amend these general terms and conditions.
   
   
2. Last modified 25-05-2018