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Article 1: Definitions


Entrepreneur: the natural or legal person who is affiliated with the EZWiFi and who offers products and / or services to consumers at a distance;


Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;


Distance agreement : an agreement whereby in the context of a system for the distance selling of products and / or services organized by the entrepreneur, until the conclusion of the agreement, use is made exclusively of one or more techniques for distance communication;


Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;


Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period; Day: calendar day;


Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;


Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2: Identity of the entrepreneur


Name of entrepreneur: Engenius Technologies Europe BV. Acting under the name: EZWiFi
Head office location address: Veldzigt 28, 3454PW, DeMeern - The Netherlands
Postal address head office: Veldzigt 28, 3454PW, DeMeern - The Netherlands
Telephone number: +31 (0) 3 0743 1029
Email address: info@ezwifi.eu
Chamber of Commerce number: 30258647
VAT identification number: NL820642502B01
Access: Monday to Friday: 9 am to 4 pm

Article 3: Applicability

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

 

  • 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer;

 

  • If the distance contract is concluded electronically, in deviation from 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 it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer;

 

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


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 contains a complete and accurate description of the products 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 and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur;

 

  • Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;

the possible costs of delivery;

the manner in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal is applicable;

the method of payment, delivery and implementation of the agreement;

the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after its conclusion, and if so how the consumer can consult it;

the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and, if desired, correct it;

any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;

and the minimum duration of the distance agreement in the event of an extended transaction.

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Article 5: The agreement

 

  • The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
     

  • If 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, the consumer can terminate the agreement;
     

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

  • The entrepreneur can - within the law - inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. 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 or to attach special conditions to the implementation;

 

  • The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
     

  • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
     

  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
     

  • the information about guarantees and existing service after purchase;
     

  • the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;
     

  • the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.

 

 

  • In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery;

 

Article 6: Right of withdrawal

 

When delivering products:

  • When purchasing products, the consumer has the option of dissolving the contract for at least thirty days without giving any reason. This period starts on the day after receipt of the product by or on behalf of the consumer;
    'The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days of the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer."

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  • During this 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 assess whether he wishes to keep the product.
    If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur;


Upon delivery of services:

  • Upon delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least fourteen days, starting on the day of delivery;
     

  • To make use of his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery;



Article 7: Costs in case of withdrawal

 

  • If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne by him at most;
     

  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the return or cancellation;



Article 8: Exclusion of the right of withdrawal

 

  • If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement;

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  • Exclusion of the right of withdrawal is only possible for products:

 

  • that have been established by the entrepreneur in accordance with the consumer's specifications;
     

  • that are clearly personal in nature;
     

  • that cannot be returned due to their nature;
     

  • that can spoil or age quickly;
     

  • whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
     

  • for individual newspapers and magazines;
     

  • for audio and video recordings and computer software of which the consumer has broken the seal.

 

  • Exclusion of the right of withdrawal is only possible for services:

 

  • concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
     

  • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
     

  • concerning bets and lotteries.



Article 9: The price

 

  • During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates;
     

  • Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer;
     

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

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

 

  • these are the result of statutory regulations or provisions; or

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

 



Article 10: Conformity and warranty

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

  • A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or or the distance agreement.


Article 11: Delivery and implementation

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

  • The place of delivery is the address that the consumer has made known to the company.
     

  • Taking into account that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless a longer 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. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
     

  • In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after termination.
     

  • If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded.
     

  • The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

 


Article 12: Duration transactions, duration and cancellation


Cancellation:

  • The consumer can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.
     

  • The consumer can at all times terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of at least one month at most.
     

  • The consumer can the agreements mentioned in the previous paragraphs:
     

  • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
     

  • at least cancel in the same way as they are entered into by him;
     

  • always cancel with the same cancellation period as the entrepreneur has stipulated for himself.


Extension:

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

  • By way of derogation from the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a specific duration of a maximum of three months if the consumer concludes this extended contract against can terminate the extension with a notice period of at most one month.
     

  • An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
     

  • A limited-duration agreement to the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
     

Expensive:

  • If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.

 

Article 13: Payment

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  • Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the commencement of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
     

  • When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
     

  • The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
     

  • In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.


Article 14: Complaints

 

  • The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
     

  • Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, in full and clearly described, after the consumer has found the defects.
     

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

  • A complaint about a product, service or service of the entrepreneur can also be submitted via a complaint form on the website of the Webshop Keurmerk Foundation www.keurmerk.info. The complaint will then be sent to both the relevant entrepreneur and the Stichting Webshop Keurmerk.
     

  • If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

 

Article 15: Disputes

 

  • Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
     

  • Disputes between the consumer and the entrepreneur about the establishment or implementation of agreements with regard to products and services to be supplied or supplied by this entrepreneur, can be submitted to the Geschillencommissie Webshop by both the consumer and the entrepreneur, with due observance of the provisions below. , PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
     

  • A dispute will only be dealt with by the Disputes Committee if the consumer first submitted his complaint to the entrepreneur within a reasonable period of time.

  • No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
     

  • If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the trader wants to do so, the consumer must, within five weeks of a written request thereto by the trader, have to pronounce in writing whether he also wishes to do so or wants the dispute dealt with by the competent court. If the entrepreneur does not hear of the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
     

  • The Disputes Committee rules under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by means of binding advice.
     

  • The Disputes Committee will not handle a dispute or cease the treatment if the entrepreneur has been granted a moratorium, has become bankrupt, or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final decision has been made. has been pointed out.
     

  • If in addition to the Dispute Committee Webshop another recognized or affiliated with the Foundation Disputes Committees for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid), the Disputes Webshop exclusively has jurisdiction for disputes concerning mainly the method of selling or providing remote services . For all other disputes, the other accredited disputes committee affiliated with SGC or Kifid.


Article 16: Industry guarantee


EZWiFi guarantees the compliance of the binding advice of the Webshop Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of being sent. This guarantee revives if the binding advice has been upheld after being reviewed by the court and the judgment from which this emerges has become final. Up to a maximum of € 10,000 per binding recommendation, this amount is paid to the consumer by EZWiFi. For amounts greater than € 10,000 per binding recommendation, € 10,000 will be paid. The Webshop Seal of Approval Foundation has a best efforts obligation to ensure that the member complies with the binding advice.
Application of this guarantee requires that the consumer makes a written appeal to EZWiFi and that he transfers his claim against the entrepreneur to EZWiFi. If the claim on the entrepreneur amounts to more than € 10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of € 10,000 to the EZWiFi, after which this organization will bear the costs in its own name and costs. will demand payment of this in court to satisfy the consumer.

 


Article 17: Additional or different provisions


Additional or deviating provisions 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 in an accessible manner on a durable medium by the consumer.



Article 18: Amendment to the general terms and conditions of the St. Webshop Keurmerk


EZWiFi will not change these general terms and conditions unless in consultation with the Consumers' Association.
Changes to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail.
Address Webshop Foundation Certification:
Willemsparkweg 193,
1071 HA Amsterdam the
Netherlands

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