Terms and Conditions
Mybusinesscard – General Terms and Conditions
For the purpose of these general terms and conditions:
- Cooling-off Period: the period within which the consumer can exercise their right of withdrawal.
- Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with Mybusinesscard.
- Day: a calendar day.
- Continuous Transaction: a distance contract concerning a series of products/services, the delivery and/or performance obligations of which are spread over time.
- Durable Data Carrier: any means that allows the consumer or the entrepreneur to store personal information in a way that allows for future access and unaltered reproduction of the stored information.
- Right of Withdrawal: the consumer’s ability to cancel the contract within the cooling-off period.
- Model Withdrawal Form: the model withdrawal form provided by Mybusinesscard that a consumer can use if they wish to exercise their right of withdrawal.
- Entrepreneur: a natural or legal person offering products/services to consumers at a distance.
- Distance Contract: a contract concluded between Mybusinesscard and a consumer within the framework of an organized system for distance selling of products, where exclusive use is made of one or more means of distance communication.
- Means of Distance Communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place.
- General Terms and Conditions: these general terms and conditions of Mybusinesscard.
Article 2: Mybusinesscard
Registered Address: Kapellerpoort 1, 6041 HZ, Roermond
Email Address: [email protected]
Chamber of Commerce Number: 78611091
VAT Identification Number: NL861469690B01
Article 3: Applicability
- These conditions apply to every offer from Mybusinesscard and to every contract and order between Mybusinesscard and consumers.
- Before a distance contract is concluded, the general terms and conditions are made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions can be viewed at Mybusinesscard and they will be sent to the consumer free of charge upon request.
- If the contract is concluded electronically, contrary to the previous paragraph and before the contract is concluded, the terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily save them.
- If this is not reasonably possible, it will be indicated before the contract is concluded where the terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer upon request.
- If one or more provisions of these general terms and conditions are void or are annulled at any time, the agreement and these general terms and conditions will continue to apply in all other respects. The parties will enter into consultations in order to agree on new provisions to replace the void or annulled provisions, taking into account the purpose and scope of the original provisions.
- Matters not regulated in these general terms and conditions will be assessed ‘in the spirit’ of these general terms and conditions.
- Ambiguities in the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4: The Offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. Mybusinesscard is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If Mybusinesscard uses images, they are a true representation of the products/services offered. Obvious errors or mistakes in the offer do not bind Mybusinesscard.
- All images, specifications, and information in the offer are indicative and cannot be the basis for compensation or termination of the agreement.
- Product images are a true representation of the products offered. Mybusinesscard cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns:
– Price including taxes
– Business agreements excluding taxes
– Any shipping costs
– The way the agreement will be concluded and which actions are required for this.
– Whether the right of withdrawal applies or not.
– The method of payment, delivery, and performance of the agreement.
– The period for accepting the offer or the period within which Mybusinesscard guarantees the price.
– Whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer.
– How the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement.
– Any other languages in which, in addition to Dutch, the agreement can be concluded.
– Available sizes, colors, and specifications.
– The codes of conduct to which Mybusinesscard is subject and the way in which the consumer can electronically consult these codes of conduct.
– The minimum duration of the distance contract in the case of a continuous transaction.
Article 5: The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stipulated conditions.
- If the consumer has accepted the offer electronically, Mybusinesscard will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Mybusinesscard, the consumer can dissolve the contract.
- If the agreement is concluded electronically, Mybusinesscard will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, Mybusinesscard will take appropriate security measures.
- Based on legal requirements or regulations, Mybusinesscard may investigate whether the consumer can meet their payment obligations, as well as any facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, Mybusinesscard has good grounds not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to its execution.
- Mybusinesscard will provide the product or service to the consumer along with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The visiting address of Mybusinesscard’s establishment where the consumer cannot go with complaints; these must be handled electronically.
- The conditions under which
and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about warranties and after-sales service;
- The information included in Article 4, paragraph 3 of these conditions, unless Mybusinesscard has already provided this information to the consumer before the execution of the agreement.
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- Every agreement is entered into subject to the suspensive conditions of sufficient availability of the products concerned.
Article 6: Right of Withdrawal
For the purchase of products:
- The consumer has the opportunity to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after the consumer or a designated representative, who has been made known to Mybusinesscard, receives the product.
- During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to Mybusinesscard, in accordance with the instructions.
- If the consumer wishes to exercise their right of withdrawal, they are obliged to notify Mybusinesscard within 14 days after receiving the product. The consumer must do this by using the model withdrawal form. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.
- If the consumer has not notified Mybusinesscard that they wish to exercise their right of withdrawal or has not returned the product to Mybusinesscard after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7: Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, they will be responsible for the costs of returning the goods.
- If the consumer has paid an amount, Mybusinesscard will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by Mybusinesscard.
Article 8: Exclusion of the Right of Withdrawal
Article 9: The Price
- During the validity period mentioned in the offer, the prices of the products/services offered will not be increased, except for price changes due to changes in VAT rates.
- Price increases from 3 months after the conclusion of the agreement are only allowed if Mybusinesscard has stipulated this and:
- They are the result of legal regulations or provisions; or
- The consumer has the right to terminate the contract from the day the price increase takes effect.
- The prices stated in the offer of products or services are inclusive of VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, Mybusinesscard is not obliged to deliver the product at the incorrect price.
Article 10: Conformity and Warranty
- Mybusinesscard guarantees that the products/services comply with the agreement, the specifications stated 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, Mybusinesscard also guarantees that the product is suitable for a use other than normal use.
- A guarantee provided by Mybusinesscard, manufacturer, or importer does not affect the legal rights and claims that the consumer can invoke under the agreement.
- Any defects or incorrectly delivered products must be reported to Mybusinesscard in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
- Mybusinesscard’s warranty period corresponds to the manufacturer’s warranty period. However, Mybusinesscard is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
– The consumer has repaired the delivered products themselves and/or had them repaired or processed by third parties;
– The delivered products have been exposed to abnormal conditions or have been handled in violation of Mybusinesscard’s instructions and/or have been treated on the packaging.
– The defects are wholly or partly the result of regulations that the government has or will impose in regard to the nature or quality of the materials used.
Article 11: Delivery and Performance
- Mybusinesscard will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has provided to the company.
- Mybusinesscard will accept orders with due dispatch but no later than within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed about this no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any of these deadlines. Exceeding a deadline does not entitle the consumer to compensation.
case of dissolution in accordance with paragraph 3 of this article, Mybusinesscard will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, Mybusinesscard will make every effort to provide a replacement product. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by Mybusinesscard.
- The risk of damage and/or loss of products rests with Mybusinesscard up to the moment of delivery to the consumer or a representative made known to the company in advance, unless explicitly agreed otherwise.
Article 12: Long-Term Transactions: Duration, Termination, and Renewal
- The consumer can enter into an agreement for an indefinite period.
Article 13: Payment
- Unless otherwise agreed, the amounts payable by the consumer must be paid within 7 days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. The term starts after the consumer has received confirmation of the agreement.
- The consumer has a duty to report inaccuracies in provided or stated payment details to Mybusinesscard without delay.
- If the consumer does not pay, Mybusinesscard has the right to charge the consumer reasonable costs that were communicated in advance, subject to legal limitations.
Article 14: Complaints Procedure
- Mybusinesscard has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to Mybusinesscard in writing within 7 days after the consumer has discovered the defects and described them in detail.
- Complaints submitted to Mybusinesscard will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Mybusinesscard will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
- Complaints must be addressed to Mybusinesscard first.
- A complaint does not suspend the obligations of Mybusinesscard, unless Mybusinesscard indicates otherwise in writing.
- If a complaint by Mybusinesscard is found to be justified, Mybusinesscard will, at its discretion, replace or repair the delivered products free of charge.
Article 15: Disputes
- Agreements between Mybusinesscard and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16: Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the disadvantage 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.