Terms & Conditions
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Relevance
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection
Article 8 – Exercise the right of withdrawal by the consumer and their cost
Article 9 – Obligations of the employer in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Performance and extended warranty
Article 13 – Delivery and implementation
Article 14 – Duration Trades: expensive, termination and renewal
Article 15 – Payment
Article 16 – Complaints
Article 17 – Disputes
Article 18 – Additional or different terms
Article 1 – Definitions
In these conditions apply:
1. Supplementary agreement: an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the employer or by a third party on the basis of an agreement between the third party and the entrepreneur;
2. Grace period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is acting for purposes relating to his trade, operating, ambachts- or profession;
4. Day: calendar;
5. Digital Content: data which are produced in digital form and delivered;
6. Consultancy Agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period of time;
7. Durable medium: each tool – including also e-mail – that the consumer or business that enables information addressed personally to him, store in a way that future consultation or use for a period appropriate to the purpose for which the information is intended, and that makes the natural reproduction of the stored information is possible;
8. Right of withdrawal: the ability of the consumer to see within the waiting period of the distance contract;
9. Entrepreneur: the natural or legal products, (access) digital content and / or remote services to consumers with;
10. Remote Agreement: an agreement concluded between the trader and the consumer under an organized distance sales of products, digital content and / or services, which until the conclusion of the agreement made solely or partly use of one or more means of distance communication;
11. Model withdrawal form: the European model in Annex I of this means of withdrawal;
12. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and business need to be met simultaneously in the same space.
Article 2 – Identity of the entrepreneur
Name entrepreneur: Write it sarl
Business address: 16 rue Guillaume Capus, L-1314 Luxembourg
Telephone number: +352 20404040
Email: info [at] maxxuav.eu
Commercial Register: B114404
VAT identification: LU21063460
Article 3 - Relevance
1. These general conditions apply to every offer of the entrepreneur and any contract entered into at a distance between businesses and consumers.
2. Before the contract is concluded at a distance, The text of these general conditions made available to the consumer. If this is not reasonably possible, the operator before the contract is concluded at a distance, indicate how to see the terms and conditions of the trader's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, may, notwithstanding the preceding paragraph and before the contract is concluded at a distance, The text of these terms and conditions electronically to be made available to the consumer in such a way that it can be stored by the consumer in a simple way on a durable medium. If this is not reasonably possible, before the contract is concluded at a distance, indicated where the general conditions in electronic form can be taken and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that besides these general conditions also specific product- or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses images, these are a true reflection of the products, services and / or digital content. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information, that is clear to the consumer what rights and obligations, associated with the acceptance of the offer.
Article 5 - The agreement
1. The agreement is, subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can within the law – inform the consumer's ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or application or to bind its implementation to special conditions.
5. The entrepreneur will be due upon delivery of the product, service or digital content to the consumer the following information, writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium, most hours:
a) the address of the establishment of the business where consumers can lodge complaints;
b) the conditions and how the consumers of the withdrawal right may use, or a clear statement regarding the exclusion of the right of withdrawal;
c) information about guarantees and after sales service;
d) the price including all taxes of the product, service or digital content; in so far as applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
and) the requirements for termination of the contract if the contract has a duration of more than one year or for an indefinite period;
f) if the consumer has a right of withdrawal, the model withdrawal form.
6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
1. The consumer may contract with respect to the purchase of a product during a cooling-off period of at least 14 days terminate without giving reasons. The operator may ask the consumer to the reason of withdrawal, but this is not to state his reason(in) oblige.
2. In the member 1 mentioned period begins on the day after the consumer, or a pre-designated by the consumer third, other than the carrier, received the product, of:
a) as the consumer in the same order have ordered several products: the day the consumer, or a third party designated by, has received the final product. The entrepreneur may, provided that he has informed the consumer here prior to the ordering process in a clear manner, refuse an order multiple products with different delivery time.
b) as the delivery of a product consists of multiple lots or pieces: the day the consumer, or a third party designated by, the last shipment or has received the final part;
c) the contract is for regular delivery of goods during a certain period: the day the consumer, or a third party designated by, has received the first product.
In services and digital content which is not supplied on a tangible medium:
3. The consumer has a service agreement and an agreement for the supply of digital content which is not supplied on a tangible medium for at least 14 days terminate without giving reasons. The operator may ask the consumer to the reason of withdrawal, but this is not to state his reason(in) oblige.
4. In the member 3 mentioned period begins on the day following the conclusion of the agreement.
Prolonged waiting period for products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:
5. If the entrepreneur consumer has not provided the information required by law on the right of withdrawal and the model withdrawal form, the waiting period will expire twelve months after the end of the original, in accordance with the preceding paragraphs of this Article reflection.
6. If the operator provides the information to the consumer referred to in the preceding paragraph within twelve months after the effective date of the original reflection, expiration of the waiting period 14 days after the day on which the consumer receives information.
Article 7 - Obligations of the consumer during the reflection
1. During this period the consumer will treat the product and packaging. He will only unpack or use the product to the extent necessary to the nature, to determine the characteristics and the operation of the product. The basic principle is that the consumer product may only handle and inspect it as in a shop should do.
2. The consumer is liable for the value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer is not liable for the value of the product and the entrepreneur him before or at the conclusion of the contract all mandatory information provided on the right of withdrawal.
Article 8 - Exercise the right of withdrawal by the consumer and their cost
1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by using the standard withdrawal form or any other unequivocal manner to the entrepreneur.
2. As quickly as possible, but within 14 days from the day following the paragraph 1 notification referred, the consumer shall send back the product, whether he hands it to (an agent) the entrepreneur. This does not apply if the trader has offered to collect the product itself. The consumer is back transmission period in any case observed as to return the product before the period has expired.
3. The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the consumer.
5. The consumer bears the direct cost of returning the product. If the trader has not notified the consumer has to bear them or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs for return.
6. If the consumer withdraws after first having expressly requested that the provision of the service or supply of gas, water or electricity which are not put up for sale in a limited volume or certain quantity starts during the reflection, the consumer is the entrepreneur an amount payable in proportion to that part of the commitment which is fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, they are not put up for sale in a limited volume or quantity, or supply of district heating, if:
a) the entrepreneur consumer regulatory information concerning the right of withdrawal, the costs incurred by revocation or the model withdrawal form has not been provided, of;
b) consumers do not explicitly the beginning of the implementation of the service or supply of gas, water, electricity or district heating requested during the reflection.
8. The consumer shall bear no cost for the full or partial delivery of digital content not supplied on a tangible medium, if:
a) he has not prior to their delivery express consent to the beginning of the fulfillment of the agreement before the end of the waiting period;
b) he has not acknowledged that he loses his right of withdrawal when giving his consent; of
c) the operator has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically terminated.
Article 9 - Obligations of the employer in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he sends after receiving this message immediately, an acknowledgment.
2. The entrepreneur shall reimburse all payments the consumer, including any delivery costs incurred by the entrepreneur charged for the returned product, immediately but within 14 days following the day on which the consumer notifies him revocation. Unless the trader offers to collect the product itself, he may wait until he has received to repay the product or demonstrates to the consumer that he has returned the product, whichever is earlier.
3. The entrepreneur used to repay the same currency that the consumer has used, unless the consumer agrees to a different method. The reimbursement is free for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for expensive.
Article 10 - Exclusion of right of withdrawal
The operator may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly in the offer, at least in time for the conclusion of the contract, has stated:
1. Products or services whose price depends on fluctuations in the financial market on which the entrepreneur has no control, which may occur within the withdrawal period;
2. Agreements concluded at a public auction. Under a public auction means a method of sale where goods, digital content and / or services offered by the trader to the consumer who attends or is given the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is bound products, to purchasing digital content and / or services;
3. Service Agreements, after full implementation of the service, but only if:
a) the performance has begun with the express prior consent of the consumer; in
b) consumer stated that he loses his right of withdrawal once the contract is fully performed the entrepreneur;
4. Service contracts for provision of accommodation, when provided a specific date or period of execution of the agreement and other than for residential purpose, freight, autoverhuurdiensten in catering;
5. Agreements related to leisure, and in the contract a specific date or period of implementation is provided;
6. According to specifications of the consumer products manufactured, that is not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific individual;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable to be returned due to health protection or hygiene and whose seal is broken after delivery;
9. Products that are inseparably mixed after delivery by their nature with other products;
10. Alcoholic beverages, the price agreed when the contract was concluded, the delivery of which can only take place after 30 days, and the actual value is dependent on fluctuations in the market on which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, whose seal is broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions to this;
13. The supply of digital content other than on a tangible medium, but only if:
a) the performance has begun with the express prior consent of the consumer; in
b) consumer stated that he thus loses his right of withdrawal.
Article 11 - The price
1. During the prices of the period mentioned in the offer products and / or services have not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the operator has no influence on, variable prices. These fluctuations and the fact that any target prices set, be stated in the offer.
3. Price within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
a) they are the result of laws or provisions; of
b) the consumer has the right to terminate the agreement as of the date the increase takes effect.
5. The prices in the supply of products or services include VAT.
Article 12 - Performance agreement and additional warranty
1. The company guarantees that the products and / or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions and / or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. By the trader, its supplier, manufacturer or importer extended warranty never restricted the legal rights and claims that consumers can do under the contract against the trader apply if the employer has failed to fulfill its part of the agreement.
3. Under additional guarantee means any undertaking by the entrepreneur, its supplier, importer or producer which it attributes to consumers certain rights or claims that go further than what is legally required in this case it has failed to fulfill its part of the agreement.
Article 13 - Delivery and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the entrepreneur.
3. With regard to what this Article 4 of these terms and conditions stated, the entrepreneur accepted orders expeditiously but not later than 30 Days perform, unless a different delivery has been agreed. If delivery is delayed, or if an order can not or only partially implemented, the consumer receives the latest 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid repay immediately.
5. The risk of damage and / or loss of products rests with the employer until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 14 - Duration Trades: expensive, termination and renewal
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, always denounce the applicable termination rules and a notice of up to one month.
2. The consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of up to one month.
3. Consumers can the agreements mentioned in the previous paragraphs:
a) Cancel at any time and not be limited to termination at a particular time or in a certain period;
b) At least cancel the same way as they are entered into by;
c) Cancel at the same notice as the company has negotiated for itself.
4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, should not be automatically extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, an agreement is concluded for a definite period, which extends to the regular delivery of day- news- and weekly newspapers and magazines be tacitly renewed for a fixed period of up to three months, if the consumer may terminate this extended agreement by the end of the extension with a notice of up to one month.
6. A contract for a definite period, which extends to the regular delivery of products or services, may only be extended for an indefinite duration as the consumer may terminate at any time with a notice period of up to one month. The notice period is three months or less when the agreement extends to the regular, but less than once per month, delivering daily, news- and weekly newspapers and magazines.
7. A contract with a limited duration of regular delivery of newspapers, news- and weekly newspapers and magazines (test- of kennismakingsabonnement) is terminated automatically and not tacitly continued after the trial- of kennismakingsperiode.
8. If a contract has a duration of more than one year, the consumer may terminate the contract after a year at any time with a notice period of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 15 - Payment
1. Unless otherwise specified in the contract or additional terms, the amounts owed by the consumer to be paid within 14 days after the start of the cooling period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In case of a contract to provide a service, begins to run on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer can in terms never be required to advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service(in), before the advance payment has been made.
3. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator.
4. If the consumer is unable to meet its payment(in) satisfies, this, after a time the entrepreneur has identified the late payment and the entrepreneur consumers 14 days awarded to fulfill his payment obligations, after failing to pay within this 14-day period, over the outstanding amount of statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him in taking. These collection costs exceed: 15% on outstanding amounts to € 2,500; 10% over the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The operator may deviate to the benefit of the consumers of the amounts and percentages.
Article 16 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement should take place promptly after the consumer has found the defects, fully and clearly described and submitted to the entrepreneur.
3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, by the operator within the period of 14 days responded with a message of welcome and an indication if the consumer can expect a more detailed answer.
4. If the complaint within a reasonable time or within 3 months after the filing of the complaint can be resolved by mutual agreement creates a dispute that is subject to the dispute.
Article 17 - Disputes
1. Regarding contracts between the entrepreneur and the consumer of these term, only Luxembourgish law and courts in Luxembourg are qualified.
Article 18 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.