MEDIATION CONDITIONS

COMPANY STRUCTURE

The offer of movable property on the Website is not sold by the Website owner, but by the Seller. For this reason, a contract is concluded between the Buyer and the Seller for the purchase of movable property. The Website Holder is therefore not a party to this contract of sale. For the sake of convenience, the general terms and conditions that apply between the Seller and the Buyer are included in this document. Note that these general terms and conditions apply between the Buyer and the Seller and are therefore not revocable against the Website Holder.

If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive shall apply. This Directive includes the following rights and warranties:

- The Seller shall provide the Buyer with clear and written information regarding taxes, payment, delivery and performance of the contract.

- The Buyer shall receive the order within 30 days, unless another term has been agreed with the Vendor. If the movable property in question is not (or no longer) available, the Seller must inform the Buyer accordingly. Any (down) payments must be refunded within thirty days, unless the Seller delivers a comparable movable item.

- The Buyer has a right of withdrawal, which means that the Buyer may reverse the purchase for at least fourteen days without giving reasons. Any shipping costs incurred shall be borne by the Buyer. Any (down) payments must be refunded within thirty days.


ARTICLE 1 - DEFINITIONS

For the purposes of these mediation conditions:

  1. Website: platform made available accessible via {website}, including all associated sub-domains. 
  1. Website holder: the company Dagoodi
  1. Buyer: the person who makes a purchase on the above-mentioned website. 
  1. Seller: company that, either as a producer or as a trader, sells movable property to the Buyer.

ARTICLE 2 - PURCHASER'S RIGHTS

If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Directive includes the following rights and warranties:

  1. The Seller shall provide the Buyer with clear and written information regarding taxes, payment, delivery and performance of the contract. 
  1. The Buyer shall receive the order within 30 days, unless another term has been agreed with the Seller. If the movable property in question is not or no longer available, the Seller must inform the Buyer of this. Any (down) payments must be refunded within thirty days, unless the Seller delivers a similar movable item. 
  1. The Buyer has a right of withdrawal, which means that the Buyer may reverse the purchase for at least fourteen days without giving reasons. Any shipping costs incurred will be borne by the Buyer. Any payments or deposits must be refunded within thirty days.

ARTICLE 3 - NATURE OF THE MEDIATION SERVICE

  1. The offer of movable property on the Website is not sold by Website Holder, but by Seller. For the purchase of movable property a contract is therefore concluded between the Buyer and the Seller. The Website Holder is therefore not itself a party to this contract of sale.
  1. Via the Website, certain movable goods are purchased from third parties, whether or not established in the European Union.
  1. The service provided by the Website Holder is a mediation service provided to a third party. When ordering a movable item via the Website, the Website Holder is authorised to act as a mediator, in the name of the Buyer and on behalf of the Buyer, and to order the movable item from the actual Seller of the movable item in question. 
  1. If the actual Seller is established outside the Netherlands and as a result of this the movable property in question has to be imported, this shall take place under the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs shall be borne by the Buyer.

 ARTICLE 4 - PAYMENT

  1. The settlement of the payment of the purchased product takes place via the website holder. The Website Holder shall also take care of (re)payment to the actual Seller.
  1. It is possible that the prices mentioned on the Website differ from the amounts that the Website Holder (re)pays to the actual Seller. It is possible that the Seller is given the opportunity to purchase the product for a lower amount after it has been purchased by the Buyer. In these cases, the difference between the amount paid by the Buyer and the amount paid to the actual Seller is considered compensation for the mediation service provided by the Website Holder to the third party.

ARTICLE 5 - COMPLAINTS PROCEDURE

  1. In the event that the Buyer is dissatisfied with the way in which the (mediation) agreement has been executed, this can be communicated to the Website holder via the contact details mentioned on the Website. Every notification made by the Buyer will be handled by the Website Holder with the greatest care and as soon as possible. The Website Holder will give a substantive response to the Buyer no later than fourteen days after receipt of the report. 
  1. In the event that the Buyer is dissatisfied with the procedure referred to in paragraph 1 of this article, they can turn to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).

 

General terms and conditions 

CONTENTS:

Article 1 - Definitions

Article 2 - Identity of the economic operator

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of revocation

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions


ARTICLE 1 - DEFINITIONS

For the purposes of these terms and conditions:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these items, digital content and / or services are supplied by the operator or by a third party on the basis of an agreement between that third party and the operator;

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession, business or craft and enters into an agreement with the entrepreneur;

Day: calendar day;

Digital content: data that are produced and supplied in digital form; 

Duration transaction: an agreement relating to a series of products and/or services, the supply and/or purchase obligation which is spread over time;

Durable data carrier: any (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail.

Right of withdrawal: the possibility for the consumer within the cooling-off period to waive the distance contract;

Model form: the withdrawal form that is made available to the consumer by the entrepreneur and can be filled in by the consumer when he wants to exercise his right of withdrawal;

Entrepreneur: the natural or legal person who offers products and / or (access to) digital content and / or services at a distance to consumers;

Distance contract: an agreement whereby, within the framework of a system organized by the trader for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication with the consumer;

Technique for distance communication: a means that can be used for concluding a distance contract, without the consumer and entrepreneur being in the same room together at the same time;


General Terms and Conditions: these General Terms and Conditions of the entrepreneur.


ARTICLE 2 - IDENTITY OF THE TRADER

Entrepreneur's name; On request

Business address; On request

Visiting address, if different from the business address; On request

Telephone number and time(s) at which the entrepreneur can be reached by telephone; On request

E-mail address; On request

All details of the entrepreneur are available on request. Send an email to contact@dagoodi.com to receive them. 

 

ARTICLE 3 - APPLICABILITY


  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and consumer.
  1. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur, how they can be viewed and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer's request.
  1. If the distance contract is concluded electronically, then, contrary to the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  1. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
  1. In the event that one or more provisions of these general terms and conditions are at any time wholly or partially nullified, these general terms and conditions will otherwise remain in force and the relevant nullified provision will immediately be replaced in mutual consultation by a provision that approximates the purport of the original as closely as possible.
  1. Situations not regulated in these general terms and conditions must be assessed in accordance with these general terms and conditions.
  1. Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with these general terms and conditions.

ARTICLE 4 - THE OFFER

  1. If an offer is valid for a limited period of time or subject to conditions with suspensive or resolutive effect, or any other condition, this shall be expressly stated in the offer.
  1. The Entrepreneur's offer is without obligation. The entrepreneur is entitled to change and amend the offer.
  1. The Entrepreneur's offer contains a description of the products and/or services offered, which is complete and accurate at all times. The offer includes a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. Should the entrepreneur use any images that imply that these images show the offered product, then these are a true representation of the offered products and / or services. Obvious mistakes or obvious errors in the offer can not bind the entrepreneur.
  1. Images of products are a true representation of the products offered. However, the Entrepreneur cannot guarantee that the colors shown correspond exactly with the real colors of the products.
  1. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required for that purpose;
  • whether or not the amount of the rate for distance communication will be calculated if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement is archived after the conclusion, and if so, how this can be consulted by the consumer;
  • the minimum duration of the distance contract in the event of an ongoing transaction.
  • application of the right of withdrawal;

  • the method of payment, delivery and execution of the agreement;

ARTICLE 5 - THE AGREEMENT


  1. The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.

  1. In the event that the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
  2. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  1. The entrepreneur may, within the limits of the law, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
  1. The operator will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, send it along, at the latest upon delivery of the product or service or the digital content:
  • the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
  • the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
  • the information about guarantees and existing after-sales service;
  • the price, including taxes, of the product, service or digital content;
  • the costs of delivery, insofar as applicable;
  • the method of payment, delivery or performance of the distance contract;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  • in the event that the consumer has a right of withdrawal, the model withdrawal form.
  1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. 
  1. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.

If: 

  1. the consumer has ordered several products in the same order, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order of multiple products with a different delivery time.
  2. the delivery of a product consists of different shipments or parts, the reflection period commences on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  3. the agreement extends to the regular delivery of products during a certain period, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the first product.

 

In the case of services and digital content that are not supplied on a material carrier:

  1. Where a service contract or a contract for the supply of digital content is not supplied on a tangible medium, the consumer may terminate the contract for a period of fourteen days without giving any reason. Those fourteen days start on the day following the conclusion of the contract. 

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:

  • If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  •  If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.
  • During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.

ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

  1. If the consumer exercises the right of withdrawal, he shall bear no more than the costs of returning the goods.
  1. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, in the same way as was used by the consumer. Receipt by the merchant or conclusive proof of complete return is required.
  1. Any reduction in value of the product caused by careless handling is for the account of the consumer. This can not be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This must be done before concluding the purchase agreement.

 

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement, and if it concerns one of the products listed in paragraphs 2 and 3.
  1. Exclusion is only possible for the following products:
  • that have been brought about by the trader to the consumer's specifications;
  • that are clearly personal in nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has 

no influence;

  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygienic products of which the consumer has broken the seal.
  1. Exclusion is only possible for the following services:
  • concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
  • of which the delivery has started with the Consumer's explicit consent before the cooling-off period has expired;
  • concerning bets and lotteries

ARTICLE 9 - PRICE

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services are inclusive of VAT. 
  8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the Entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - WARRANTY AND CONFORMITY

  1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  1. 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. This is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to if he has failed in the performance of his part of the contract. 
  1. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
  1. The guarantee does not apply if:
  2. The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
  3. The products supplied have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
  4. The defects are wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND EXECUTION

  1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
  1. The place of delivery is the address that the consumer has made known to the company. 
  1. Subject to 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 can not or only partially be carried out, the consumer will receive notification of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.
  1. All delivery periods are indicative. The consumer may not derive any rights from any of these periods. Exceeding a term does not entitle the consumer to compensation.
  1. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  1. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  1. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative, unless otherwise expressly agreed.

ARTICLE 12 - TRANSACTIONS OF DURATION: DURATION, TERMINATION AND RENEWAL


Termination

  1. The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month. 
  1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the indefinite period, subject to the agreed termination rules and a notice of up to one month. 
  1. The consumer may terminate the agreements referred to in the previous paragraphs:
  2. terminate at any time and not be limited to termination at a specific time or in a specific period;
  3. at least terminate them in the same way as they were entered into by the consumer;
  4. always terminate with the same notice as the entrepreneur has stipulated for himself.

Extension

  1. A contract entered into for a definite period of time for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice of up to one month. 
  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate the contract with a notice of up to one month and a notice of up to three months if the contract is for the regular, but less than once a month, supply of daily newspapers, news and weekly newspapers and magazines.
  4. A contract of limited duration for the regular supply of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.

 

ARTICLE 13 - PAYMENT

  1. Unless otherwise 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 case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
  1. The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
  1. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

  1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
  1. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, complete and clearly described.
  1. 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 trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. 
  1. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to dispute resolution.

ARTICLE 15 - DISPUTES

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. 

 

ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

MODEL REVOCATION FORM


Fill in and return this form only if you wish to revoke the agreement

- To:

Company name

Address

Zip code

E-mail

Telephone number


- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service:


- Ordered on (DD-MM-YYYY) :- Order number :

- Received on (DD-MM-YYYY):

- Name(s) of consumer(s)

 

- Consumer(s) address :

 

- Bank Account number:

 

- Signature of consumer(s) (only if this form is submitted on paper)

 

  

- Date(DD-MM-YYYY): 

 

 

(*) Delete where not applicable.

Questions about the Terms of Service should be sent to us at contact@Dagoodi.com.