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Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  1. Agreement: an agreement whereby the consumer acquires products and/or services in connection with
    with a distance contract and these products and/or services by a third party on the basis of
    an agreement between that third party and the entrepreneur;

  2. Reflection period: the period within which the consumer or entrepreneur can make use of his
    right of withdrawal;

  3. Consumer: the natural person who does not act for purposes related to his commercial
    , business, craft or profession;

  4. Business entrepreneur: the natural person who acts for purposes related to his
    trade, business, craft or profession;

  5. Day: calendar day;

  6. Duration agreement: an agreement that extends to the regular delivery of products and/or
    services during a certain period of time;

  7. Durable data carrier: any tool – including e-mail – that the consumer or
    enables the entrepreneur to store information that is personally addressed to him in a way that
    future reference or use for a period appropriate to the purpose for which the
    information is intended, and which allows unaltered reproduction of the stored information;

  8. Right of withdrawal: the consumer's option to waive the right of withdrawal within the cooling-off period
    distance contract;

  9. Distance contract: an agreement between the entrepreneur and the consumer or business
    entrepreneur is closed within the framework of an organized system for distance selling of
    services, whereby exclusive or joint use is made up to and including the conclusion of the agreement
    of one or more techniques for remote communication;

  10. Model withdrawal form: the European included in Appendix I of these terms and conditions
    model withdrawal form. Annex I need not be made available if the consumer
    has no right of withdrawal with regard to his order;

  11. Distance communication technique: means that can be used to close a
    agreement, without the consumer and entrepreneur having to be in the same room at the same time
    gathered.

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Article 2 – Identity of the entrepreneur
Name entrepreneur: Soul Marketing BV
Trading under the name: Soul Marketing BV
Business address: Herengracht 499a, 1017BR Amsterdam
Phone number: +31 088 501 67 99
Availability: Monday to Friday from 9 a.m. to 5 p.m.
E-mail: via our contact form or info@nederlandseenergiematerialen.nl
Chamber of Commerce number: 78768535
VAT number: NL861523106B01
Supervisory authority: ACM
41Muzenstraat
2511 WB The Hague

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between entrepreneur and consumer or entrepreneur and business entrepreneur.

  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur 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, notwithstanding the previous paragraph and
    before the distance contract is concluded, the text of these general terms and conditions
    be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded,
    indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

    Article 4 – The offer

  5. If an offer has a limited period of validity or is made subject to conditions, this will be
    expressly stated in the offer.

  6. The offer contains a complete and accurate description of the offered products and/or
    services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer or business entrepreneur. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

  7. Each offer contains such information that it is clear to the consumer or business entrepreneur what rights and obligations are attached to the acceptance of the offer.

    Article 5 – The agreement
     

  8. Subject to the provisions of paragraph 4, the agreement is concluded at the time of
    acceptance by the consumer of the offer and compliance with the associated conditions.

  9. If the consumer has accepted the offer electronically, the entrepreneur confirms
    immediately electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

  10. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
    organizational measures to secure the electronic transfer of data and ensures
    a safe web environment.

  11. The entrepreneur can inform himself within legal frameworks whether the consumer is
    can meet 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.

  12. The entrepreneur will, at the latest upon delivery of the product or service to the consumer or business
    Entrepreneur the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
    b. the conditions under which and the way in which the consumer can use the right of withdrawal
    make a clear statement regarding the exclusion of the right of withdrawal;
    c. the price including all taxes of the product or service; where applicable the
    cost of delivery; and the method of payment, delivery or execution of the agreement on
    distance;
    d. if the consumer has a right of withdrawal, the model withdrawal form.

    Article 6 – Right of withdrawal
     

  13. The consumer can enter into an agreement with regard to the purchase of a product during a
    reflection period  of 14 days without giving reasons. The entrepreneur may
    ask for the reason for withdrawal, but do not oblige him to state his reason(s).

  14. The referred to in paragraph 1  reflection period  commences on the day after the consumer, or a third party designated by the consumer, has received the product, or:
    a. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer or business entrepreneur, or a third party designated by him, has received the agreement. extended  reflection period  for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal:

  15. If the entrepreneur provides the consumer with legally required information about the right of withdrawal or the
    has not provided the model withdrawal form, the  reflection period  from twelve months after the end of the original period determined in accordance with the preceding paragraphs of this Article  reflection time .

  16. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph
    within twelve months of the effective date of the original  reflection period , expires the  reflection period  14 days after the day on which the consumer received that information.

    Article 7 – Exercise of the right of withdrawal by the consumer
    and costs thereof
     

  17. If the consumer makes use of his right of withdrawal, he shall notify this within the cooling-off period
    to the entrepreneur by means of the model withdrawal form or in another unambiguous manner.

  18. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the
    consumer or business entrepreneur.

    Article 8 – Obligations of the entrepreneur in the event of withdrawal
     

  19. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.

    Article 9 – The price
     

  20. During the period of validity stated in the offer, the prices of the products offered are

  21. and/or services not increased, except for price changes as a result of legal regulations or
    provisions.

  22. Notwithstanding the previous paragraph, the entrepreneur may purchase products or services whose prices are
    to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.

  23. Price increases after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

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Article 10 – Delivery and execution

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  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

  2. The place of delivery is the address that the consumer or business entrepreneur has given to the entrepreneur
    has made known.

  3. With due observance of what is stated in article 4 of these general terms and conditions, the
    entrepreneur accept orders expeditiously but no later than 30 days, unless a different delivery period has been agreed.

    Article 11 – Duration transactions: duration, cancellation and extension

    Cancellation:

  4. The consumer or business entrepreneur can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, with due observance of the agreed cancellation rules.

  5. The consumer or business entrepreneur can terminate an agreement that has been entered into for a definite period of time and which extends to the regular delivery of products or services, at any time towards the end of the definite term, with due observance of the agreed cancellation rules.

  6. The consumer can conclude the agreements referred to in the previous paragraphs:
    • cancel at any time and are not limited to cancellation at a specific time or period;
    • at least cancel in the same way as they entered into by him;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

    Extension:

  7. An agreement that has been entered into for a definite period and which extends to the regular delivery of
    products (including electricity) or services, may not be tacitly renewed or
    renewed for a specified period of time.

  8. An agreement that has been entered into for a definite period and which extends to the regular delivery of
    products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period not exceeding one month.

    Article 12 – Complaints procedure
     

  9. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

  10. Complaints about the execution of the agreement must be submitted within a reasonable time after the consumer or
    business entrepreneur has found the defects, be fully and clearly described
    submitted to the entrepreneur.

  11. Complaints submitted to the entrepreneur will be answered within a period of 5 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 5 working days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

    Article 13 – Additional or different provisions

    Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer 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.

    Article 14 – Amendment of the general terms and conditions

    Changes to these terms and conditions are only effective after they have been duly approved
    published, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

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