General Terms & Conditions Anutiama

Version 1.0

This page was added on December 5, 2015

In these General Terms & Conditions the following definitions are applicable:

  1. Consideration time: the term during which the consumer can execute the right of withdrawal.
  2. Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
  3. Day: calendar day.
  4. A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
  5. Durable Medium: any instrument, which enables the recipient or the entrepreneur to store information, addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
  6. Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
  7. Entrepreneur: the natural person or corporation who offers distance products to consumers.
  8. Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
  9. Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
Here28u
Anutiama
(anutiama.nl, anutiama.be, anutiama.eu and anutiama.net)

Lakenhalstraat 20
1335 XK Almere
The Netherlands
Telephone number: +31(0)6-29576268 m-fr 9:00 AM – 5:00 PM (GMT/UTC +01:00 hour)
Email address: contact@anutiama.eu
Chamber of commerce number: 59733748
VAT identification number: NL001991303B66
  1. These General Terms & Conditions apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of the General Terms & Conditions is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the General Terms & Conditions can be seen at the entrepreneur and on request of the consumer these General Terms & Conditions shall be sent to the consumer as soon as possible without extra costs.
  3. If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the General Terms & Conditions can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the General Terms & Conditions electronically and that these Terms & Conditions at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
    Electronic version General Terms and Conditions
  4. For the case that besides these General Terms & Conditions, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting Terms & Conditions the consumer can appeal on the relevant Terms & Conditions which are the most favorable for the consumer.
  1. If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
  2. The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
  3. Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
    • price inclusive taxes;
    • possible costs of delivery;
    • the manner in which the agreement has been concluded and the necessary signatures;
    • whether to apply the right of withdrawal;
    • the method of payment, delivery and performance of the contract;
    • the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
    • the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication;
    • if the agreement after the conclusion is archived and if so how to consult it for the consumer;
    • the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement;
    • any other languages, including Dutch, for the agreement;
    • the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and
    • the minimum duration of the distance agreement in the event of a length transaction.
  1. The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
  2. If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
  4. The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
  5. The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
    • The address of the company for the consumer to file complaints;
    • The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal;
    • Information about after sales guarantees and services;
    • Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement;
    • The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
  6. In case of a length transaction the previous clause e. is only applicable for the first delivery.
  7. Each agreement is entered into in the understanding that sufficient availability of the product(s) exists.
Deliverance of products.

  1. After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
  2. During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
  3. If the consumer wishes to exercise his right of withdrawal and return the goods for a full refund the vendor must be informed within 14 days of receipt of the product. After the consumer has informed the vendor in writing of the cancellation, the customer must return the product(s) within 14 days of receipt. The consumer must prove that the goods are returned within the specified time-frame, for example by means of proof of shipment.
  4. If the customer does not exercise the right of withdrawal, and the product has not been returned to the vendor, in accordance with paragraphs 2 & 3 above, the transaction is considered final.

Deliverance of Services.

  1. After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
  2. In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.
  1. If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
  2. If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
  1. The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for the following products:
    • Which are established by the entrepreneur according to specifications of the consumer;
    • That they are clearly personal in nature;
    • Which cannot be returned because of their nature;
    • That can spoil or age quickly;
    • Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence;
    • Individual newspapers and magazines;
    • For audio and video recordings and computer software of which the consumer has broken the seal; and
    • For digital products downloaded after purchase. When a digital product is part of a physical product and has been downloaded, the price of the digital product will be deducted from the total price.
  3. Exclusion of the right of withdrawal is only possible for the following services:
    • Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period;
    • Whose delivery has begun with the express consent of the consumer before the consideration period has expired;
    • Concerning betting and lotteries.
  1. During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
  2. Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and wh