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Index

Article 1: Definitions
Article 2: Identity of the entrepreneur

Article 3: Applicability

Article 4: The offer

Article 5: The agreement

Article 6: Right of withdrawal

Article 7: Obligations of the consumer during the reflection period

Article 8: Exercise of the right of withdrawal by the consumer and costs thereof

Article 9: Obligations of the entrepreneur upon withdrawal

Article 10: Exclusion right of withdrawal

Article 11: The price

Article 12: Compliance and additional guarantee

Article 13: Delivery and execution

Article 14: Duration transactions: duration, cancellation and extension

Article 15: Payment

Article 16: Complaints procedure

Article 17: Disputes

Article 18: Additional or deviating provisions

Article 1: Definitions

In these terms and conditions, the following is understood:
1.1Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

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1.2Reflection period: the period within which the consumer can make use of his right of withdrawal;

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1.3Consumers: the natural person who does not act for purposes related to his commercial,business-, craft or professional activity;

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1.4Day: calendar day;

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1.5Digital content: data produced and delivered in digital form;

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1.6 continued performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

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1.7Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

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1.8Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;

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1.9Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance 

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1.10Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. of one or more remote communication techniques

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1.11Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time.

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Article 2: Identity of the entrepreneur

Chamber of Commerce number: 76300722

VAT number: NL003075036B13

E-mail address: info@sherlau.nl

Article 3: Applicability

3.1These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer;

3.2Before the distance contract is concluded, the text of these general terms and conditions will be 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's and that they will be sent free of charge as soon as possible at the request of the consumer;

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3.3If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.;

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3.4In 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, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. .

Article 4: The offer

4.1If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer;

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4.2The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, digital content and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur;

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4.3Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5: The agreement

5.1The agreement comes, subject to itparticular in paragraph 4, established at the time of acceptance by the consumer of the offer and compliance with the associated conditions;

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5.2If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement;

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5.3If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

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5.4The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his 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 agreementto go he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

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5.5At the latest upon delivery of the product, digital content and/or service to the consumer, the entrepreneur will provide the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durabledata carrier, send along;

A. The e-mail address of the entrepreneur where the consumer can go with complaints;

B. The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

C. The information about warranties and existing after-sales service;

D. The price including all taxes of the product, digital content and/or service, where applicable, the costs of delivery and the method of payment, delivery or performance of the distance contract ;;

E. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;

5.6In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. 

Article 6: Right of withdrawal

6.1The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).

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6.2The ones mentioned in paragraph 1cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, hasproduct received, or;

A. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times;

B. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

C. In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

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Article 7: Obligations of the consumer during reflection period

7.1During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

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7.2The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyondAllowed in paragraph 1.

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Article 8: Exercise of the right of withdrawal by the consumer 

8.1If the consumer makes use of his right of withdrawal, he will report this to the company within the cooling-off period by sending an e-mail to info@sherlau.com in which he states the following:

A. The reason for making use of his right of withdrawal;

B. The order number of the order to which the revocation applies;

C. The products and/or services for which he wishes to use his right of withdrawal.

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8.2As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This need not be if the entrepreneur has offered itproduct pick up yourself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

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8.3 The consumer returns the product with all delivered accessories, ifreasonably possible inoriginal condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.

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8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

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8.5 The consumer bears the direct costs of returning the product. 

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8.6 If the consumer withdraws after having first expressly requested that the provision of the service not be ready for salemade in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal,compared with the full fulfillment of the undertaking.

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8.7 If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

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Article 9: Obligations of the entrepreneur upon withdrawal

9.1If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.

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9.2The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the companybrought for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.

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9.3The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

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9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

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Article 10: Exclusion of the right of withdrawal 

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

1. Products or services whose price is determined by fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

2. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

3. Sealed products that are not suitable for return for reasons of health protection or hygiene;

4. Products that are irrevocably mixed with other products after delivery due to their nature.

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Article 11: The price

11.1 During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

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11.2In derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject 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 stated prices are target prices are stated in the offer.

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11.3Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

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11.4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and,

A. These are the result of statutory regulations or provisions;

B. The consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

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11.5 The prices stated in the range of products or services include VAT.

Article 12: Compliance with the agreement and extra guarantee

12.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. .

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12.2The entrepreneur does not guarantee that the product is suitable for other than normal use.

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12.3An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement if the entrepreneur has failed in thecompliance of his part of the agreement.

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12.4 An additional guarantee is understood to mean every obligation of the entrepreneur, his supplier, importer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to comply with thecompliance of his part of the agreement.

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Article 13: Delivery and execution

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

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13.2The place of delivery is the address that the consumer has made known to the entrepreneur.

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13.3 With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. The consumerhas in that case the right to terminate the agreement free of charge en entitled to any compensation.

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13.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

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13.5 The risk of damage and/or loss ofProducts is held by the entrepreneur until the moment of delivery to the consumer or a predetermined and designated by the entrepreneur disclosed representative, unless expressly stated otherwise agreed.

14.1 Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or uponare missing  of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.

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14.2When selling products to consumers, the consumer may never be obliged to do so in general terms and conditionsprepayments of more than 50%. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

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14.3The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

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14.4 If the consumer does not meet his payment obligations(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still to meet his payment obligations, after payment is not made within this 14-day period, the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500 =; 10% on the next â‚¬ 2,500, = 5% on the following â‚¬ 5,000,= with a minimum of  5,000,= with a minimum of _cc781905-5cde-3194-bb3b_588cc58cc_f58 -3194-bb3b-136bad5cf58d_ 40,=. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

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Article 14: Payment

Article 15: Complaints procedure

15.1The entrepreneurfeatures about a well-publicized customer procedure and handles the complaint in accordance with this complaints procedure.

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15.2Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

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15.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint foreseeably requires longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

 

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Article 16: Retention of title

Ownership of the deliveredProducts is only transferred to the consumer after he has paid the total amount due to the CPT operator has been fulfilled. The risk of the products passes to the consumer at the time of delivery.

Article 17: Additional provisions

17.1On agreements between the entrepreneur and the consumer to which thisgeneral conditions, only Dutch law applies.

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17.2 Ondernemer is entitled to change these general terms and conditions. Changes to these terms and conditions are only effective after they have been published, on the understanding that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.

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