Terms and Conditions
In these Terms and Conditions:
“Withdrawal period” means the period during which the consumer may exercise his right of withdrawal.
“Consumer” means the natural person not acting not acting on behalf of his profession or a company, and who enters into a remote agreement with Fluvius Media.
“Day” means a calendar day.
“Subscription” means a remote agreement considering products or services, that are regularly delivered during an extended period of time.
“Durable medium” means any medium that allows its user to store information that is directed to him/her personally in a way that allows future consultation and unmodified reproduction of the stored information.
“Right of withdrawal” means the right of the consumer to cancel the remote agreement within the withdrawal period.
“Fluvius Media” means Fluvius Media VoF, Leiderdorp, The Netherlands
“Remote agreement” means an agreement that is entered into solely by the use of one or multiple methods for remote communication.
“Method for remote communication” means a method that can be used for entering into an agreement without requiring the parties to the agreement to physically meet.
Fluvius Media is identified as such:
2353 NN Leiderdorp, The Netherlands
+31 (0)6-11057389 / +31 (0)6-46530431
3.1 These Terms and Conditions apply to any offer by Fluvius Media and to any remote agreement between Fluvius Media and the consumer.
3.2 Before the remote agreement is entered into, these Terms and Conditions are supplied to the consumer. If this is not reasonably possible, the consumer will be notified that these Terms and Conditions are available for review at Fluvius Media and that they will be sent to the consumer as quickly as possible at no charge, at the request of the consumer.
3.3 If the remote agreement is entered electronically, the text of these Terms and Conditions can be sent to the consumer electronically and in such a way that these can be easily stored by the consumer on a durable medium, before the remote agreement is entered. If this is not reasonably possible, the consumer will be notified before the remote agreement is entered into where these Terms and Conditions can be obtained electronically, and that they will be sent to the consumer as quickly as possible, at no charge, either electronically or by other means, at the request of the consumer.
3.4 In case that other terms or conditions apply in addition to these Terms and Conditions, articles 3.2 and 3.3 apply also to those additional terms or conditions. In case of conflicting terms, those provisions apply that are most advantageous to the consumer.
4. The Offer
4.1 If the offer is only valid during a specific period, or is subject to conditions, this will be clearly indicated in the offer.
4.2 The offer contains a detailed and complete description of the offered products and/or services. The description is of sufficient detail that the consumer can make a good judgment of the offer. If Fluvius Media uses any images in the offer they must contain an authentic representation of the offered products and/or services. Any mistakes or errors in the offer have no legally binding force.
4.3 Every offer contains such information it is clear to the consumer what his/her rights are in connection to the acceptance of the offer. This information includes:
- The price, including taxes;
- The cost of delivery, if any;
- The way that the agreement will made and which actions are necessary to make the agreement;
- Whether the right of withdrawal applies;
- The payment method, delivery method, and the method in which the agreement is executed;
- The period during which the offer may be accepted, or the period during which Fluvius Media guarantees the price of the offer;
- The tariff for remote communication, if the cost for usage of the remote communication method exceeds the default tariff for the used communication method;
- Whether the agreement will be archived after it is entered, and, if so, in which way the consumer can access the archived agreement;
- The method by which the consumer, before entering into the agreement, can check, and if necessary, correct the data provided by him/her pertaining to the agreement.
- The languages, apart from English, in which the agreement can be made, if any;
- The code of conduct followed by Fluvius Media and the method by which the consumer can access this code of conduct by electronic means;
- The minimal period of the remote agreement, in case of a subscription;
5. The Agreement
5.1 The agreement is entered into, under the terms in article 4, when the consumer accepts the offer and the conditions made therein are met.
5.2 If the consumer has accepted the offer by electronic means, Fluvius Media immediately confirms receiving the acceptance of the offer by electronic means. As long as Fluvius media has not confirmed receiving the acceptance of the offer, the consumer may cancel the agreement.
5.3 If the agreement is made by electronic means, Fluvius Media will take fitting technical and organizational measures to secure the electronic transfer of data, and will provide a secure web environment. If the consumer may pay electronically, Fluvius Media will take fitting security measures.
5.4 Fluvius Media may, within the law, check whether the consumer can meet his payment obligations, as well as check all factors and facts that are relevant to responsibly entering into the remote agreement. If Fluvius Media has, in good faith, reasons not to enter into the agreement, Fluvius Media has the right to decline an order or a request, or to impose special conditions onto the execution of the order.
5.5 Fluvius Media will send the following information to the consumer:
a. The visitor address of Fluvius Media, where Fluvius Media can be reached in case of complaints;
b. The conditions that apply to executing the right of withdrawal, or a clear indication that the right of withdrawal does not apply;
c. Information about warranty and service after buying;
d. The information indicated in article 4.3, unless Fluvius Media has already supplied this information before the agreement is executed;
e. The conditions that apply to termination of the agreement, if the agreement is valid during a period longer than one year, or is valid indefinitely.
5.6 In case of a subscription, the provision in article 5.5 is only applicable to the first delivery of the service.
6. Right of withdrawal
In case of delivery of physical products:
6.1 When purchasing physical products, the consumer has the right to terminate the agreement without giving any reason during a period of 14 days. This withdrawal period starts on the day after receipt of the product by the consumer or by a representative of the consumer that has been made known to Fluvius Media beforehand.
6.2 During the withdrawal period, the consumer will carefully handle the product and its packaging. The consumer will only unpack and use the product to the length necessary to judge whether the consumer wishes to keep the product. If the consumer wishes to exercise his right of withdrawal, he will return the product to Fluvius Media completely, including all delivered accessories, and, if reasonably possible, in the original state and packaging, in accordance with the reasonable instructions provided by Fluvius Media.
In case of delivery of services:
6.3 In case of delivery of services the consumer has the right to terminate the agreement without giving any reason during a period of 7 days. This withdrawal period starts on the day that the agreement is entered.
6.4 In order to exercise his/her right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions provided by Fluvius Media in the offer or at delivery of the service.
7. Withdrawal Fees
7.1 If the consumer exercises his right of withdrawal, he will be charged at most the cost of returning the product or service.
7.2 If the consumer has already paid an amount for the product or service, Fluvius Media will refund this amount to the consumer within 30 days after the return or withdrawal.
8. Exceptions to the right of withdrawal
8.1 Fluvius Media can exclude the right of withdrawal as declared in articles 8.2 and 8.3. The exclusion of the right of withdrawal is only valid if Fluvius Media has stated this clearly in the offer.
8.2 Exclusion of the right of withdrawal for products is only possible for:
- Products that have been made to specifications provided by the consumer;
- Products that are clearly personal in nature;
- Products that cannot be returned due to their nature;
- Products that will quickly spoil or age;
- Products whose price is dependent on fluctuations on financial markets that Fluvius Media cannot influence;
- Newspapers or magazines;
- Audio and/or video recordings of which the seal has been broken by the consumer;
8.3 Exclusion of the right of withdrawal for services is only possible for:
- Services pertaining to lodging, transport, restaurant services or leisure activities to be executed at a specific date, or during a specific period;
- Services whose delivery has, with explicit agreement by the consumer, been started before the withdrawal period has ended;
- Services pertaining to lotteries and betting.
9. The Price
9.1 During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, excepting price increases resulting from changes in value-added tax rates.
9.2 Contrary to article 9.1, Fluvius Media may offer products, whose prices depend on fluctuations on financial markets that Fluvius Media cannot influence, at a varying price. This dependence on fluctuations on financial markets, as well as the mention that the indicated prices are only an indication, will be indicated in the offer.
9.3 Price increases within three months after the agreement is entered are only allowed if they result from legal regulations or provisions.
9.4 Price increases from three months after the agreement is entered are only allowed if Fluvius Media has stipulated them and:
a. These result from legal regulations or provisions; or
b. The consumer has the right to terminate the agreement starting from the day that the price increase is made.
9.5 The prices mentioned in offers for products or services do not include VAT.
10. Conformity and Warranty
10.1 Fluvius Media guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, and reasonable requirements to soundness and usefulness, and the existing legal provisions and federal regulations at the date the agreement is entered. If agreed upon, Fluvius Media also guarantees that the product is qualified for use other than normal use.
10.2 Warranties by Fluvius Media, the manufacturer or importer do not affect the legal rights and claims that hold based on the agreement between the consumer and Fluvius Media.
11. Delivery and execution
11.1 Fluvius Media will take the greatest possible care in receiving and executing orders for products and in judging requests for the provision of services.
11.2 The location of delivery is the address that the consumer has supplied to Fluvius Media.
11.3 Considering the provisions in article 4, Fluvius Media will execute accepted orders quickly and within 30 days, unless a longer delivery term is agreed upon. If the delivery is delayed, or if an order cannot be executed wholly or in part, the consumer will receive notice within 30 days of placing the order. In this case the consumer has the right to terminate the agreement without cost, and may claim any resulting damages.
11.4 In case of termination in accordance to article 11.3 Fluvius Media will refund the amount that the consumer has paid as quickly as possible, but within 30 days after termination.
11.5 If delivery of an ordered product is impossible, Fluvius Media will attempt to deliver a replacement product. Before delivery it will be clearly stated that a replacement product will be delivered. The right of withdrawal cannot be excluded in case of a replacement product. The cost of any returns will be paid by Fluvius Media.
11.6 The risks of damage or loss of products lies with Fluvius Media until the moment of delivery to the consumer or to a representative of the consumer that has been made known to Fluvius Media beforehand, unless otherwise explicitly agreed.
12. Subscriptions: duration, termination, extension
12.1 The consumer can terminate any agreement made for an indefinite period concerning the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of at most one month.
12.2 The consumer can terminate any agreement made for a definite period concerning the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of at most one month.
12.3 The consumer can terminate the agreements mentioned in articles 12.1 and 12.2:
- At any time, not restricted to termination on a specific moment or within a specific period;
- At least in the same way that the agreements have been entered by him/her;
- Always with the same notice period as Fluvius Media has stipulated for itself.
12.4 An agreement that is made for a definite period of time concerning the regular delivery of products or services, may not be automatically extended or renewed without notice.
12.5 If an agreement has a period of more than one year, the consumer may terminate the agreement at all times, with a notice period of one month, unless this would not be reasonable and/or just.
13.1 Unless otherwise agreed, the sums owed by the consumer must be paid within 14 days of the start of the withdrawal period referred to in article 6.1. In case of an agreement for delivery of a service, this period will start when the consumer has received the confirmation of the agreement.
13.2 In case of sale of products to consumers Terms and Conditions may not stipulate an advance payment of more than 50%. If an advance payment is stipulated, the consumer does not have any rights relating to the execution of the corresponding order or service, before the stipulated advance payment has been paid.
13.3 The consumer is obliged to immediately notify Fluvius Media of any errors and/or mistakes in provided payment details.
13.4 In case of default by the consumer, Fluvius Media has the right, within legal restrictions, to charge the consumer any reasonable costs, mentioned to the consumer beforehand.
14.1 Fluvius Media has published a complaints procedure, and will process any complaints based on this complaints procedure.
14.2 Complaints about the execution of the agreement must be presented to Fluvius Media in a complete and clear form, and within a reasonable time after noting defects.
14.3 Complaints presented to Fluvius Media will be answered within 14 days of the date that the complaint was received. If a complaint requires a foreseeably longer processing period, Fluvius Media will answer to the complaint within 14 days of the date that the complaint was received, with a message indicating the receipt of the complaint, and a statement about when the consumer can expect a more detailed answer.
14.4 If the complaint cannot be solved by mutual agreement this may result in a dispute that is subject to the dispute settlement mechanism.
15. Legal Disputes
Dutch law applies exclusively to agreements covered by these Terms and Conditions.
16. Additional or different terms
Additional terms, or terms that differ from those in these Terms and Conditions may not disadvantage the consumer and must be documented or stored in such a way that they may be easily stored by the consumer on a durable medium.