Terms and conditions

Terms and Conditions - as of 1 June 2014

Article 1 - Definitions
These terms and conditions include:
1. Additional agreement: an agreement whereby the consumer products, digital content and / or services acquired in connection 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 agreement between The third and the business owner;
2. Grace period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not trade for purposes related to his commercial, business, craft or professional activity;
4. Day: calendar day
5. Digital content: means data which are produced and supplied in digital form;
6. Duration agreement: an agreement that involves the regular delivery of goods, services and / or digital content for a certain period;
7. Durable medium: any device - also including e-mail - that enables the consumer or business to store personal information, is stored in a way that future consultation or use for a period that is fit for purpose for which the information is intended, and which allows for unmodified reproduction of the stored information;
8. Right of withdrawal: the ability of the consumer withdraw within the waiting period of the contract;
9. Business owner: the natural or legal person who owns Curves Matter and offer products, (access to) digital content and / or remote services to consumers;
10. Distance contract: an agreement concluded under an organized distance sales of goods, digital content and / or services, which until the conclusion of the agreement made solely or partly use between the trader and the consumer is one or more techniques for remote communication;
11. Model withdrawal form: the European model withdrawal form;
12. Technology for distance communication: means that can be used for closing an agreement without consumer and business having to meet in person;

Article 2 - Identity of the business owner
Curves Matter
Part of Lukkassen Netwerk
Abersland 2815
6605PC Wijchen
Tel. (+31)616716332
Email: info@curvesmatter.com
KVK: 65254457
BTW: NL217315409B01

Article 3 - Applicability
1. These terms and conditions apply to any offer of the entrepreneur and to any contractual agreement concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will before the contract is concluded, indicate how to show the general conditions for the business owner and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer in a simple way can store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise by the consumer.
4. In the event that in addition to these general conditions also specific product - or service conditions are applicable, the second and third paragraph, mutatis mutandis, and the consumer can not, in the event of conflicting conditions, always rely on the applicable assay that is most beneficial to him .

Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true faithful representation of the offered products, services and / or digital content. Apparent mistakes or manifest errors in the offer do not bind the business owner.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement
1. The agreement shall, subject to the provisions of paragraph 4, be reached at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
2. If the consumer has accepted the offer by electronic means, the business owner immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the business owner, the consumer can terminate the agreement.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the business owner will take appropriate safety measures.
4. The business owner can within the law - inform the consumer's ability to meet its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to impose special conditions on the execution.
5. The entrepreneur will look upon delivery of the product, service, or digital content to the consumer the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
a. The visiting address of the business owner's location where the consumer is entitled to complaints;
b. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
c. The information about guarantees and existing post-purchase service;
d. The price including all taxes on the product, service or digital content; Where applicable the cost of delivery; And the manner of payment, delivery or execution of the remote agreement;
e. The terms of termination of the agreement if the agreement has a duration of more than one year or indefinite duration;
f. If the consumer has a right of withdrawal, the model form for revocation.
6. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal
For products:
1. Consumers may conclude an agreement regarding the purchase of a product during a cooling-off period of 14 days without decomposing reasons. The operator may ask the consumer to the reason for withdrawal, but does not commit to stating his reason(s).
2. The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
a. if the consumer ordered several products in the same order: the day on which the consumer or a third party designated by him, has received the final product. The operator may, provided it from the consumer prior to the ordering process in a clear manner has evidence-based, refuse an order of several products with different delivery time.
b. if the supply of a product consisting of multiple lots or pieces, the day on which the consumer or a third party designated by the final shipment of the final part has received;
c. in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by, has received the first product.

For services and digital content not provided on a material carrier:
3. The consumer has a service contract and a contract for the supply of digital content which is not supplied on a material carrier for at least 14 days terminate without giving reasons. The operator may ask the consumer to the reason for withdrawal, but does not commit to stating his reason(s).
4. The term referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.

Extended length of time for products, services and digital content not provided on a material basis by non-disclosure of withdrawal rights:
5. If the business owner has not provided the consumer with statutory information on the right of withdrawal or the model for revocation, the period of refusal will expire twelve months after the end of the original period of consideration determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original retention period, the period of notice expires 14 days after the date on which the consumer has received that information.

Article 7 - Obligations of the consumer during the appraisal period
1. During the bedtime, consumers will carefully handle the product and the packaging. He will only extract 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 can only handle and inspect the product as he should do in a store.
2. The consumer is liable for loss of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer is not liable for impairment of the product if the business owner has not provided him with all legally required information about the right of withdrawal before or upon the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
1. If the consumer makes use of his right of withdrawal, he will report this within the term of office by means of the model form for revocation or otherwise unambiguously to the business owner.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to the business owner. This does not have to be taken if the business owner has offered the product itself. In any case, the consumer has complied with the return period when he returns the product before the time has expired.
3. The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the business owner.
4. The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer carries the direct cost of returning the product. If the business owner has not reported that the consumer has to bear these costs or if the entrepreneur decides to bear the costs himself, the consumer does not have to bear the cost of returning.
6. If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity are not put up for sale in a limited volume or certain amount of starts during the withdrawal period, the consumer, the business owner amount due that is proportional to that part of the undertaking's undertaking by the business owner at the time of revocation compared with full compliance with the commitment.
7. The consumer is not responsible for the provision of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or to supply district heating if:
a. the entrepreneur consumer statutory notice of the withdrawal right, the allowance is not provided in case of withdrawal and the model withdrawal form or;
b. the consumer does not expressly the start of the execution of the service or supply of gas, water, electricity or district heating requested during the reflection.
8. The consumer shall bear no cost for the total or partial delivery of not causing a material carrier delivered digital content if:
a. he prior to their delivery has not expressly agreed to the beginning of the fulfillment of the engagements t the end of the grace period;
b. He has not acknowledged that he loses his right of withdrawal when giving his consent; or
c. the trader has failed to confirm the consumer's statement.
9. If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.

Article 9 - Obligations of the business owner upon revocation
1. If the business owner is able to make the notification by consumer electronically, he will send a receipt of receipt immediately upon receipt of this notification.
2. The business owner will reimburse all payments from the consumer, including any delivery costs incurred by the business owner for the returned product, without delay but within 14 days following the date on which the consumer notifies him of the cancellation. Unless the business owner offers the product itself, he may wait for repayment until he has received the product or demonstrates to the consumer that he has returned the product, whichever is earlier.
3. The vendor uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the business owner does not have to pay back the additional cost for the more expensive method.

Article 10 - Exclusion of right of withdrawal
The business owner may exclude the following products and services from the right of withdrawal, but only if the business owner clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price depends on fluctuations in the financial market in which the trader has no influence and which may occur within the withdrawal period
2. Agreements that are closed during a public auction. Under a public auction shall mean method of sale where goods, digital content and / or services offered by the trader to the consumer who attends or is given the possibility to be present at the auction, conducted by an auctioneer and where the successful bidder is bound to take down the products, digital content and / or services;
3. Service agreements, after full service, but only if:
a. implementation with the express prior consent of the consumer; and
b. the consumer stated that he loses his right of withdrawal once the operator has completed the agreement;
4. Service agreements for the provision of accommodation, provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
5. Agreements relating to leisure activities, provided for in the agreement, a certain date or period of implementation thereof;
6. 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 particular person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for reasons of protection of health or hygiene in order to be sent back and of which the seal has been broken after delivery;
9. Products which, by their nature, are irrevocably mixed with other products;
10. Alcoholic beverages, the price agreed upon conclusion of the contract, the delivery of which can only take place after 30 days and the actual value is dependent on fluctuations in the market on which the business owners control;
11. Sealed audio, video and computer software, whose seal has been discontinued after delivery;
12. Newspapers, magazines or magazines, with the exception of subscriptions to this;
13. The supply of digital content other than on a material support, but only if:
a. implementation with the express prior consent of the consumer; and
b. the consumer stated that he thus loses his right of withdrawal.

Article 11 - The price
1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Not withstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the business owner has stated this and:
a. these are due to statutory regulations or provisions; or
b. the consumer has the power to cancel the agreement as of the date of the price increase.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance agreement and additional warranty
1. The company guarantees that the products and / or services meet the contract specifications stated 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 business owner also ensures that the product is suitable for other than normal use.
2. A supplementary warranty provided by the business owner, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer may under the agreement apply to the business owner if the business owner is flawed in compliance with his part of the agreement.
3. Additional Warranty means any commitment of the business owner, its supplier, importer or producer in which it grants to the consumer certain rights or claims that go beyond what is legally required to him in the event of failure to comply with his part of the agreement.

Article 13 - Delivery and execution
1. The business owner shall take the utmost care when receiving and carrying out orders for products and assessing applications for services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. Subject to what is stated in Article 4 of these terms and conditions, the company will accept orders expeditiously but not later than 30 days, unless a different delivery period is agreed. If delivery is delayed, or if an order can not be executed or only partially, the consumer will receive a notice of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and the right to any damages.
4. After dissolution in accordance with the previous paragraph, the business owner will repay the amount paid by the consumer without delay.
5. The risk of damage and / or loss of products rests with the employer until the moment of delivery to the consumer or a pre-designated and the business owner announced representative, unless otherwise agreed.

Article 14 - Duration transactions: duration, termination and extension
Termination:
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to O A month.
2. Consumers may terminate a fixed-term agreement which aims at the scheduled delivery of products (including electricity) or services at any time by the end of the specified period in accordance with agreed notice of termination and a notice period of ten T O highest month.
3. The consumer can agree the agreements mentioned in the previous paragraphs:
- withdraw and not be limited to termination at a certain time or a certain period;
- at least terminate in the same manner as they are entered by it;
- Cancel at the same notice as the company has negotiated for itself.

Extension:
4. A contract is entered into for a certain period of time, and which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain duration.
5. By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily news and weekly newspapers and periodicals may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement the end of the extension may terminate with notice not exceeding one month.
6. A contract for a definite period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice of up to one month. The notice period is up to three months if the contract extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
7. A contract of limited duration until scheduled delivery of daily, news and weekly newspapers and magazines (trial or acquaintance subscription) is not tacitly continued and ends automatically after the trial or acquisition period.

Period:
8. If a contract has a duration of more than one year, the consumer contract after one year may withdraw a notice of up to one month unless the reasonableness and fairness against termination before the end of the agreed expensive resistance.

Article 15 - Payment
1. Except where otherwise provided in the agreement or additional terms, the amounts owed by the consumer to be paid within 14 days after the start of the reflection period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of a contract to provide a service, that period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling consumer products, the consumer may never be required to prepay more than 50% in general terms. When prepayment is made, the consumer can not make any right regarding the execution of the order or service (s) concerned before the prepaid payment has taken place.
3. The consumer is obliged to notify the business owner without delay of any incorrect or stated payment information.
4. If the consumer fails to meet his payment obligation(s) in good time, after having been informed by the vendor of the late payment and the vendor has given the consumer a period of 14 days to meet his payment obligations, failure to pay within this 14-day period, the outstanding amount of the legal interest and the operator is entitled to charge the extrajudicial collection costs incurred by that charge. These collection costs exceed 15% of outstanding amounts to € 2,500, =; 10% over the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The business owner may deviate from the amounts and percentages for the benefit of the consumer.

Article 16 - Visit to business owner
1. Visits to Curves Matter is by appointment only.
2. Curves Matter does not have a showroom or visiting address and products can not be picked up from the business address. Curves Matter reserves the right to refuse visitors to the business owners address.

Article 17 - Complaints
1. The business owner has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement should the deficiencies noted consumers within time after that, be described fully and clearly presented to the operator.
3. Complaints submitted to the business owner will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
4. If a complaint can not be resolved within a reasonable period of time or within 3 months after the complaint is lodged, a dispute arises for the dispute settlement.

Article 18 - Disputes
1. Contracts between the business owner and the consumer covered by these terms and conditions apply to Dutch law.
2. Disputes between consumers and business owner on the creation or implementation of agreements on by this business owner delivered or delivered products and services can be brought in compliance with the provisions below, as well as the business owner by the consumer to the Disputes Committee Webshop , PO Box 90600, 2509 LP The Hague ( www.sgc.nl ).
3. A dispute will only be considered by the Disputes Committee if the consumer has submitted his complaint to the business owner within a reasonable period of time.
4. Within twelve months after the dispute arose, the dispute in writing to be made to the Disputes Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the business owner is bound to this choice. If the business owner wishes to do so, the consumer must, in writing, either within five weeks after a written request made by the business owner, decide whether he or she wishes to be treated by the competent court. The business owner learns the consumer choice within the period of five weeks, the company is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a ruling under the conditions as set out in the Disputes Committee's Rules of Procedure ( Http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop ). The decisions of the Disputes Committee are made by binding advice.
7. The Disputes Committee will be a dispute not treat or discontinue treatment, if it is granted to the business owners moratorium, goes bankrupt or its business has actually be terminated before a dispute has been handled by the Committee at the session and a final speech has been pointed out.

Article 19 - Additional or derogatory provisions
Additional or different provisions from these terms and conditions may not be to the detriment of the consumer and must be written in writing or in such a way that they can be stored by the consumer in an accessible manner on a sustainable data carrier.