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Terms & Conditions

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Contents:

 

Article 1 - Definitions

In these conditions apply:

  • Consultancy Agreement: means an agreement that involves the regular delivery of goods, services and / or digital content for a certain period;
  • Customer: the natural person (female, or male) who is acting for purposes relating to her/his trade, business, craft or profession;
  • Cooling-off period: means the period during which the customer can exercise her/his right of withdrawal
  • Day: calendar day;
  • Digital content: means data which are produced and supplied in digital form;
  • Distance contract: a contract concluded between the trader and the customer as part of an organized system for distance selling of goods, digital content and / or services, up to and including the conclusion of the contract made ​solely or partly with use of one or more means of distance communication;
  • Durable medium: any device - also including e-mail - that enables the customer or business to save information addressed personally to him/her, in a way that future consultation is possible, or it is possible to use it for a period appropriate to the purpose for which it was intended, and it can be reproduced after storing;
  • Entrepreneur: the natural or legal person who is owner of Poi Dotor who offers products, (access to) digital content and / or remote services to customers;
  • Model withdrawal form: the in Annex I of the conditions listed European model withdrawal form; Poi Doctor's RMA-form
  • Right of withdrawal: the ability of the customer to give up the contract within the cooling-off period,
  • Supplementary agreement: means an agreement whereby the customer acquires products, digital content and / or services connected with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
  • Technique for distant communication: a means that can be used to conclude a contract, without the customer and entrepreneur having to be together in the same space.
 

Article 2 - Identity of the trader

name trader: Poi Doctor
Acting under the name: Poi Doctor

address:
Meidoornplein 4
1112 EK Diemen

Phone: +31-(0)6-14897717

Access:
On Tuesday, Thursday and Saturday from 12:00 am to 8:00 pm
Email: info@poidoctor.com

VAT number: NL208343441B01
CoC number: 69 74 42 54

 

Article 3 - Applicability

  • 1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between entrepreneur and customer.
  • 2. Before the contract is closed, the text of these general conditions will be made ​​available to the customer. If this is not reasonably possible, the trader will provide them before the contract is closed, the entrepreneur informs the customer where the general conditions can be seen, and that they are sent free of charge as soon as possible at the request of the customer.
  • 3. If the agreement is concluded electronically, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made ​​electronically available to the customer in such a way that the customer can store them in a simple way on a durable medium. If this is not reasonably possible, before the contract is concluded, it should be indicated where the general conditions can be inspected electronically and that they at the request of the customer electronically or otherwise will be sent free of charge.
  • 4. In case specific product or service conditions apply besides these general conditions, the second and third paragraph shall still apply and the customer can always rely on the applicable condition that is most favorable to her/him in case of conflicting terms.
 

Article 4 - The offer

  • 1. If an offer has a limited duration or is subject to different conditions, this will be explicitly stated in the offer.
  • 2. The offer includes a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the contractor uses images, they must be a truthful representation of the products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  • 3. Each offer contains such information that it is clear to the customer what are the 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, and is concluded at the time when the customer accepts the offer and meets the corresponding conditions.
  • 2. If the customer has accepted the offer electronically, the trader will immediately electronically send a receipt of the acceptance of the offer. Until receipt of this offer has been confirmed by the operator, the customer may rescind 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 she/he will ensure a secure web environment. If the customer can pay electronically, the operator will observe appropriate safety-measures.
  • 4. The entrepreneur can - within the law - inform her-/himself regarding the customers ability to meet its payment obligations, and of all those facts and factors that are important for a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, she/he is entitled to refuse an order or request or to attach special conditions to the implementation.
  • 5. The trader will send the following information to the customer, at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored on a durable medium by the customer in an accessible manner:
    • * the address of the establishment of the business where the customer can lodge complaints;
    • * the conditions and manner for the customer to exercise the withdrawal right, or a clear statement regarding the exclusion of the right of withdrawal,
    • * information on guarantees and after-sales services,
    • * the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the contract;
    • * the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite,
    • * if the customer has a right of withdrawal, the model withdrawal form.
  • 6. In the event of an extended transaction, the previous paragraph only applies to the first delivery of goods.
  •  

    Article 6 - Right of withdrawal

    In case of products:
    • 1. Customers may rescind an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The operator may ask the customer about the reason for withdrawal, but the customer is not committed to state her/his reason(s).
    • 2. The said period in paragraph 1 begins on the day after the customer has received the product, or an in advance by the customer designated third party, other than the carrier, or
      • - if the customer has ordered several items in the same order: The day on which the customer or a third party designated by her/him, has received the final product. The operator may, provided she/he informed the customer prior to the ordering process in a clear manner, refuse an order for multiple products with different delivery timepieces.
      • - as the supply of a product consists of multiple lots: The day on which the customer, or a third party designated by her/him, has received the last shipment of the final part,
      • - if the contract is for regular delivery of goods during a certain period: The day on which the customer or a third party designated by her/him, has received the first product.
    In case of services and digital content which is not supplied on a tangible medium:
    • 3. The customer can terminate a service contract and a contract for the supply of digital content which is not supplied on a tangible medium for 14 days, without giving reasons. The operator may ask the customer about the reason for withdrawal, but the customer is not committed to state her/his reason(s).
    • 4. The cooling-off period referred to in section 3 shall begin on the day following the conclusion of the contract.
    Extended cooling-off period if for products, services and digital content which is not on a tangible medium no information about the right of withdrawal is supplied:
    • 5. If the trader has not provided the customer with the information required by law about the right of withdrawal and the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original cooling-off period set in accordance with the preceding paragraphs of this article.
    • 6. If the entrepreneur has provided the customer with the information referred to in the preceding paragraph within twelve months after the effective date of the initial grace period, the grace period expires 14 days after the day on which the customer has received information.

     

    Article 7 - Obligations during the reflection of customers.

    • 1. During this period the customer will treat the product and packaging carefully. She/He will only unpack the product or use it to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The starting point is that the customer can only use and inspect the product as she/he would be allowed to do in a shop.
    • 2. The customer shall only be liable for diminished value of the product which is the result of a way of dealing with the product beyond described in paragraph 1.
    • 3. The customer shall not be liable for diminished value of the product as the entrepreneur has not provided her/him at the conclusion of the agreement all information required by law about the right of withdrawal.
     

    Article 8 - Exercise of the right of withdrawal by the customer and cost thereof

    • 1. If the customer exercises her/his right of withdrawal, she/he shall send the model withdrawal form Poi Doctor's RMA-form to the entrepreneur within the cooling-off period, or in any other unequivocal manner.
    • 2. As soon as possible but within 14 days from the day following the referred mention in paragraph 1, the customer shall return the product by mail, or she/he hands it to (a representative of) the entrepreneur. This does not apply if the trader has offered to collect the product himself. The customer is in any case in time with the transfer if she/he returned the product before the waiting period has expired.
    • 3. The customer shall send the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with 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 lies with the customer.
    • 5. The customer must bear the direct cost of returning the product. If the trader has not notified the customer that she/he has to bear them, or if the operator indicates to bear the costs her-/himself, customers do not bear the return shipping costs.
    • 6. The customer shall bear no cost for the total or partial delivery of delivered digital content not on a tangible medium if
      • - she/he has not prior to its delivery expressly agreed to the start of the fulfillment of the agreement before the end of the waiting period,
      • - she/he has not acknowledged that she/he loses her/his right of withdrawal when giving her/his consent; or
      • - the trader failed to confirm this customer statement.
    • 7. If the customer exercises her/his right of withdrawal, all additional agreements of law are cancelled.
     

    Article 9 - The obligations of the operator in case of withdrawal

    • 1. If the trader allows notification of withdrawal by the customer by electronic means, she/he will send upon receipt of this notification a receipt without delay.
    • 2. The trader shall reimburse all customer payments, including any delivery costs incurred by the operator charged for the returned product, immediately but within 14 days following the day on which the customer reports her/his withdrawal. Unless the trader offers to collect the product itself, she/he may wait to return the costs until she/he has received the product or if the customer demonstrates that she/he has returned the product, whichever is earlier.
    • 3. The entrepreneur uses the same payment as the customer to repay her/him, unless the customer agrees to a different method. The repayment is free of charge for customers.
    • 4. If the customer selected a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
     

    Article 10 - Exclusion right of withdrawal

    The trader may exclude the following products and services from the right of withdrawal, but only if the entrepreneur stated this clearly in the offer, at least in time for the conclusion of the agreement:
    • 1. Products or services whose price is dependent on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
    • 2. Agreements concluded at a public auction. A public auction means a method of sale where goods, digital content and / or services offered by the trader to the customer who attends, or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is bound to purchase the goods, digital content and / or services;
    • 3. Service agreements, after execution of the service, but only if:
      • - the performance has begun with the explicit prior consent of the customer; and
      • - the customers losing her/his right of withdrawal once the trader has fully performed the contract;
    • 4. Package tours referred to in Article 7: 500 BW and agreements of passenger transport
    • 5. Service agreements for provision of accommodation, if a specific date or period in the agreement of performance features and other than for residential purpose, transport of goods, car rental services and catering;
    • 6. Conventions related to leisure activities, if a specific date or period of execution is provided for in the agreement,
    • 7. Products manufactured according to specifications of the customer, not prefabricated and which are manufactured on the basis of an individual choice or decision by the customer or which are clearly intended for a specific person;
    • 8. Products that spoil quickly or have a limited shelf life,
    • 9. Sealed products that are unsuitable for reasons of protection of health or hygiene to be returned and which were unsealed after delivery;
    • 10. Items which after delivery, by their nature inseparably mix with other products;
    • 11. Sealed audio, video recordings or computer software which were unsealed after delivery;
    • 12. Newspapers, periodicals or magazines, except for subscriptions to this;
    • 13. The provision of digital content other than on a tangible medium, but only if:
      • - the performance has begun with the explicit prior consent of the customer; and
      • - the customer has declared that she/he thus loses her/his right of withdrawal.
     

    Article 11 - The price

    • 1. During the period mentioned in the offer prices of the products and / or services will not increase, except for price changes due to changes in VAT rates.
    • 2. Notwithstanding the preceding paragraph, the business products or services whose prices may be subject to fluctuations in the financial market and where the entrepreneur has no control, may be offered at variable prices. Possible fluctuations and the fact that any price can change, are described clearly at the offer.
    • 3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
    • 4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has specifically bargained, and:
      • - they are the result of legislation or regulations; or
      • - the customer is authorized to terminate the contract with effect from the date on which the increase starts.
    • 5. In offers of products or services mentioned prices include VAT.
     

    Article 12 - Observing the agreement and extended warranty

    • 1. The trader guarantees that the products and / or services meet the contract, specifications mentioned in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
    • 2. Extra guarantee provided by the trader, its supplier, manufacturer or importer never limits legal rights and claims that the customer has, under the agreement between the entrepreneur and the customer, if the trader has failed to fulfill her/his part of the agreement.
    • 3. Additional guarantee means any undertaking by the trader, its supplier, importer or producer certifying that she/he grants certain rights or claims to the customer, that exceed what it is required by law in case she/he fails to fulfill her/his 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 customer has announced to the trader.
    • 3. Subject to what is stated in Article 4 of these terms and conditions, the company will carry out accepted orders promptly but not later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order is not or only partially carried out, the customer receives them no later than 30 days after placing the order. The customer in this case has the right to terminate the contract without penalty and is entitled to compensation.
    • 4. After dissolution in accordance with the preceding paragraph, the operator shall repay the amount paid by the customer immediately.
    • 5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the customer or a pre-designated and to the entrepreneur announced representative, unless otherwise agreed.
     

    Article 14 - Payment

    • 1. Unless otherwise provided in the agreement or additional conditions, amounts should be paid by the customer 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 agreement. In case of an agreement to provide a service, this period starts on the day after the customer has received the confirmation of the agreement.
    • 2. When selling products to customers, customers in general conditions may never be required to advance more than 50%. If payment in advance is agreed, the customer may not assert any rights regarding the implementation of the order or service(s) before the advance payment has been made.
    • 3. The customer has the duty to report inaccuracies in data supplied or specified payment data to the entrepreneur immediately.
    • 4. If the customer is unable to meet its payment(s) in time, and, after the trader pointed out the late payment, the customer is given a period of 14 days to fulfill her/his commitments, after the failure to pay within this 14-day period, she/he also has to pay for the outstanding amount of the legal interest. The operator is then also entitled to charge the extrajudicial collection costs incurred by her/him. These collection costs may be maximum 15% of outstanding amounts to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can differ from these amounts and percentages if this is to the benefit of the customer.
     

    Article 15 - Complaints

    • 1. The entrepreneur has a well-publicized complaints procedure, and deals with complaints as stated under this complaints procedure.
    • 2. Complaints about the implementation of the agreement should take place promptly after the defects noted and should be defined clearly and completely, and submitted to the operator.
    • 3. Complaints submitted to the entrepreneur should be processed within a period of 14 days from the date of receipt. If a complaint needs a foreseeable longer processing time, the trader replies within the period of 14 days, confirming receipt and indicating when the customer can expect a more detailed answer.
    • 4. If the complaint is not resolved by mutual agreement within a reasonable time or within three months after filling in the complaint form, a dispute is created that is subject to the Dispute Commission.
     

    Article 16 - Disputes

    • 1. Agreements between the entrepreneur and the customer to which these general conditions apply, are under Dutch law exclusively.
    • 2. Disputes between customers and entrepreneurs on the completion or implementation of agreements regarding this entrepreneur about (to be) delivered products and services, may, subject as provided below, be presented either by the trader or by the customer in civil court.
    • 3. A dispute will only be considered by the Disputes Committee if the customer submitted her/his complaint within three months in writing to the entrepreneur.
    • 4. The customer may turn to the Foundation for Consumer Affairs (SGC) or to the Financial Services Complaints Institute (Kifid).
     

    Article 17 - Trade Guarantee

    • 1. Poi Doctor guarantees the fulfillment of the Terms and Conditions.
    • 2. For purposes of this guarantee it is required that the customer submits a written appeal.
     

    Article 18 - Additional or different terms

    Additional or different terms may not be at the disadvantage of the customer and should be recorded in writing or in such a way that the customer can store these on a durable medium.

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Whatsapp: +031-(0)6-14897717

Region: Amsterdam
The Netherlands

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