Terms and Conditions

Table of Contents

• 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 - Costs in case of withdrawal
• Article 8 - Exclusion of right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and Warranty
• Article 11 - Delivery and performance
• Article 12 - Duration transactions: duration, termination and extension
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions:

1. Cooling-off period: the period within which consumers can use right of withdrawal; Read all about reflection time
2. Consumer: the natural person who is not acting in the exercise of a profession or company and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long term transaction: enter into an agreement distance with respect to a range of products and/or services, the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to information that is addressed to him personally save in a way that future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the possibility for the consumer to waive within the cooling-off period the distance contract;
7. Model form: the model withdrawal form provided by the entrepreneur available to a consumer fill in when he wants to use his right of withdrawal.
8. Entrepreneur: the natural or legal entity that provides products and/or services offers distance to consumers;
9. Distance agreement: an agreement whereby in the context of a by the entrepreneur organized system for sale on waiver of products and/or services, up to and including the conclusion of the agreement for exclusive use is made of one or more techniques remote communication;
10. Technique for remote communication: agent that can be used for closing an agreement, without the consumer and entrepreneur be simultaneously in the same space of 2 m come together.
11. Terms and Conditions: de the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Cherry Series

The Netherlands

E info@chernyseries.com

Chamber of Commerce 77935179

VAT number NL003261243B19

Article 3 - Applicability

1. These terms and conditions apply to each offer of the entrepreneur and on every establishment concluded distance agreement and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is attached to the made available to consumers. If this is not reasonably possible, before the distance contract is concluded indicated that the general terms and conditions at the entrepreneur and at the request of the consumer as soon as possible free of charge sent.
3. If the distance contract becomes electronic may be closed, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions electronically available to the consumer be set up in such a way that it is by the consumer in a simple way stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded indicated where of the terms and conditions along can be accessed electronically and that they are sent electronically at the request of the consumer away or otherwise free of charge sent.
4. Just in case in addition to these terms and conditions also specific product or service conditions apply, is the second and third paragraph of corresponding application and the consumer can in the event of conflicting terms and conditions always rely on the applicable provision g die most favorable to him.
5. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, the agreement and these terms and conditions otherwise position and the relevant provision will be mutually agreed upon consultation be immediately replaced by one stipulation that the purport of the original approached as much as possible.
6. Situations that are not in these terms and conditions arranged, should be judged 'according to the spirit' of these terms and conditions.
7. Uncertainties about the explanation or content of one or multiple provisions of our terms and conditions to be interpreted 'after the spirit' of these Terms and Conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or subject to conditions, this becomes expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products offered and/or services. The description is sufficiently detailed for a good assessment of the offer by the consumer possible. As the entrepreneur uses graphics are these one true representation of the offered products and/or services. Obvious mistakes or apparent errors in the offer are binding on the entrepreneur not.
4. All images, specifications data in it offer are an indication and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are one true representation of the offered Products. Entrepreneur cannot guarantee that the displayed colors exactly match the real ones colors of the products.
6. Each offer contains such information that for the consumers are clear about their rights and obligations are attached to the acceptance of it offer are connected. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement is concluded will come and what actions to take needed;
   • whether or not it applies right of withdrawal;
   • the method of payment, delivery and execution of the agreement;
   • the deadline for acceptance of the offer, or the term within which the entrepreneur the price guarantees;
   • the level of the rate for communication remote if the cost of use of remote communication technology are calculated on a basis other than the regular basic rate for the used means of communication;
   • or the agreement after its conclusion is archived, and if so on which one can be consulted by the consumer;
   • the way the consumer, for it conclusion of the agreement, by him provided under the agreement data can check and if desired to recover;
   • any other languages in which, in addition to the Dutch, the agreement can be Closed;
   • the codes of conduct to which the entrepreneur adheres has subjected and the manner in which the consumer through these codes of conduct can consult electronically; and
   • the minimum duration of the agreement distance in case of an expensive transaction.

Article 5 - The agreement

1. The agreement komb-2 mt, subject to it stipulated in paragraph 4, established at the time of acceptance by the consumer of the offer and the meet the stipulated conditions.
2. If the consumer accepts the offer electronically has accepted the road, the entrepreneur confirms without delay by electronic means the receipt of the acceptance of the offer. As long as the agreement of this acceptance not by the entrepreneur has been confirmed, the consumer can cancel the agreement.
3. If the agreement is concluded electronically b-2 mt, the entrepreneur will find appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will do so observe appropriate safety measures.
4. The entrepreneur can - within legal frameworks - notify the consumer whether they are on can meet payment obligations, as well as all those facts and factors that are important to a responsibly entering into the distance contract. If the entrepreneur on the basis of this investigation has good reasons not to enter into the agreement go, he is entitled to reasoned an order or request to refuse or to the execution special attach the conditions.
5. The entrepreneur will provide the product or service to the consumer the following information, in writing or on in such a way that it can be used by the consumer in a can be stored in an accessible way durable data carrier, enclose:
   • the visiting address of the establishment of the entrepreneur where the consumer with complaints can go;
   • the conditions under which and the manner in which the consumer of the right of withdrawal can use, or a clear one notice of exclusion from the right of withdrawal;
   • the information about warranties and existing ones after-sales service;
   • the in article 4 paragraph 3 of these terms and conditions recorded data, unless the entrepreneur has already provided this information to the consumer provided before the execution of the agreement;
   • the cancellation requirements agreement if the agreement has a duration of more than one year or of is of indefinite duration.
6. In the case of an expensive transaction, the provision is in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option to terminate the agreement without specifying reasons to dissolve during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or predetermined by the indicated by the consumer and known to the entrepreneur made representative.
2. During the cooling-off period, the consumer will carefully handle the product and its packaging. He will unpack or use the product only to that extent insofar as this is necessary to be able to assess whether he wishes to keep the product. If he of uses his right of withdrawal, he will product with all supplied accessories and - if reasonably possible - in its original condition and return the packaging to the entrepreneur, in accordance with the reasonable and clear instructions.
3. When the consumer wishes to use his right of withdrawal, he is obliged to do so within 14 days after receipt of the product make to the entrepreneur. Disclosure should be the consumer by means of the model form or by through another means of communication such as per e-mail. After the consumer has made it known to make use of his right of withdrawal the customer must return the product within 14 days to steer. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of dispatch.
4. If the customer, after the end of the period referred to in paragraphs 2 and 3 said deadlines have not been made known to make use of his right of withdrawal resp. the product does not belong to the entrepreneur returned, the sale is a fact.

1. When services are provided, the consumer has the option to terminate the agreement without specifying reasons to dissolve for at least 14 days, commencing on the day of entering into the agreement.
2. To make use of his right of withdrawal, will consumers focus on the requirements set by the entrepreneur at the time of the offer and/or at the latest at the time of delivery reasonable and clear instructions provided in this regard.

Article 7 - Costs in case of withdrawal

1. If the consumer uses his right of withdrawal, will not exceed the costs of return shipping at his expense.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible, but at the latest within 14 days after cancellation, repay. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be discussed. refund will be made via the same payment method used by the consumer has been used unless the consumer expressly consents to another payment method.
3. In case of damage to the product due to careless interaction by the consumer himself is the consumer liable for any decrease in value the product.
4. The consumer cannot be held liable for depreciation of the product when through the entrepreneur is not required by law information about the right of withdrawal has been provided, this should be done before closing the purchase agreement.

Article 8 - Exclusion right of withdrawal

1. The entrepreneur can exercise the right of withdrawal of the exclude consumers from products as described in paragraphs 2 and 3. The exclusion of the The right of withdrawal only applies if the entrepreneur this clearly in the offer, at least in time for it conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • created by the entrepreneur fitted in accordance with specifications the consumer;
   • that are clearly personal in nature;
   • which by their nature cannot be returned;
   • that can spoil or age quickly;
   • whose price is bound to fluctuations in the financial market the entrepreneur has no influence;
   • for loose newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer sealing has spoiled;
   • for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • regarding accommodation, transport, restaurant business or leisure activity perform on a specific date or during a certain period;
   • whose delivery with express consumer consent has begun before the cooling-off period has expired;
   • regarding betting and lotteries.

Article 9 - The Price

1. During the period of validity stated in the offer the prices of the offered products and/or services not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with offer variable prices. This bondage fluctuations and the fact that if any stated prices are target prices, are included in the offer mention.
3. Price increases within 3 months after the conclusion of the contract are alone permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are alone permitted if the entrepreneur has stipulated this and:
   • these are the result of legal regulations or provisions; or
   • the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The ones mentioned in the offer of products or services prices include VAT.
6. All prices are subject to printing and misprints. For the consequences of printing and typesetting errors no liability is accepted. At pressure – and typing errors, the entrepreneur is not obliged to to deliver the product at the incorrect price.

Article 10 - Conformity and guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the in the specifications stated in the offer, to the reasonable requirements of soundness and/or usability and the on the date of creation of the agreement existing legal provisions and/or government regulations. If agreed the entrepreneur also guarantees that the product is suitable for other than normal use.
2. One by the entrepreneur, manufacturer or importer provided warranty does not affect the legal rights and claims that the consumer has under the agreement against the entrepreneur to apply.
3. Any defects or incorrectly delivered products must be submitted within 2 months of delivery to the entrepreneur to be reported in writing. Return of the products must be made in the original packaging and in mint condition.
4. The warranty period of the entrepreneur komb-2 mt corresponds to the manufacturer's warranty period. The However, the entrepreneur is never responsible for this the ultimate suitability of the products any individual application by the consumer, nor for any advice regarding use or the application of the products.
5. The warranty does not apply if:
   • the consumer himself the delivered products has repaired and/or edited or by has had third parties repair and/or edit;
   • the delivered products to abnormal conditions are exposed or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging are;
   • the defect in whole or in part is the result of regulations that the government has made or will make regarding the nature or quality of the applied materials.

Article 11 - Delivery and execution

1. The entrepreneur will make the greatest possible be careful when receiving taking and in the execution of orders of products and in the assessment of applications for provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article is stated, the company will accepted orders expeditiously yet at the latest within 30 days, unless consumer has agreed to a longer delivery term. If the delivery is delayed experience, or if an order is not or is can only be partially executed the consumer thereof no later than 30 days after he has received the placed order message. The consumer in that case has the right to terminate the agreement to dissolve without costs. The consumer has none right to compensation.
4. All delivery times are indicative. To any mentioned terms, the consumer has no rights borrow. Exceeding a term gives the consumer is not entitled to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution, repay.
6. If delivery of an ordered product is impossible appears to be, the entrepreneur will make every effort to provide a replacement item. At the latest at the time of delivery will be clear and be reported in an understandable manner that a replacement item is delivered. With replacement items the right of withdrawal cannot be excluded. The costs of a possible return shipment are for account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or an advance designated and made known to the entrepreneur representative, unless expressly stated otherwise agreed.

Article 12 - Duration transactions: duration, termination and extension

1. The consumer can enter into an agreement for that is entered into indefinitely and extends to it regular delivery of products (electricity including)  or services, at all cancel at any time with due observance of that agreed termination rules and a notice period from high th one month.
2. The consumer can enter into an agreement for certain time is contracted and it extends to the settled delivery of products (including electricity understood)  or services, at any time cancel the end of the specified duration with with due observance of agreed terms cancellation rules and a notice period of at most one month.
3. The consumer can do the aforementioned in the previous paragraphs agreements:
   • cancel at any time and without limitation be terminated at a specified time or in a certain period;
   • at least cancel in the same way as them entered into by him;
   • always cancel with the same notice period if the entrepreneur has for himself stipulated.

1. An agreement that for certain  time entered into and which extends to regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.
2. Contrary to the previous paragraph, an agreement may those for certain  time  entered into and which extends to the regular delivery of daily news and weeklies and magazines tacitly be extended for a specified period of time three months, if the consumer extended it agreement by the end of the extension terminate with a notice period of no more than one month.
3. An agreement entered into for a definite period of time and which extends to the regular delivery of products or services, may only be implied be extended indefinitely if the consumer is too may cancel at any time with a notice period of a maximum of one month and a notice period of at least maximum three months in case the agreement extends until it is arranged, but less than once a month, delivery of daily, news and weekly newspapers and Magazines.
4. A contract of limited duration until settled delivery of daily, news and magazines and periodicals (trial or introductory subscription)  won't be continued silently and ends automatically after end of the trial or introductory period.

1. If an agreement has a duration of more than one year the consumer may terminate the agreement after one year at all times with a notice period of at most one month's notice, unless reasonableness and fairness against cancellation before the end of reschedule the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts payable by the consumer paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this term commences after the consumer has received the received confirmation of the agreement.
2. The consumer has a duty to correct inaccuracies provided or stated payment details without delay notify the entrepreneur.
3. In the event of default by the consumer, the entrepreneur subject to legal restrictions, the right to the advance made known to the consumer charge reasonable costs.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be complete and clear within 2 months described are submitted to the entrepreneur, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur are received a period of 14 days from the date of receipt answered. If a complaint a foreseeable longer processing time by the entrepreneur within the period of 14 days replied with an acknowledgment of receipt and a indication when the consumer needs a more detailed can expect an answer.
4. If the complaint cannot be made in mutual consultation are resolved, a dispute arises that is amenable for dispute resolution.
5. In the event of complaints, a consumer must first of all make himself known turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and with complaints that are not resolved by mutual agreement the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), it will mediate for free. Check if this webshop has an ongoing membership through https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution become, the consumer has the opportunity to be to have the complaint handled by the Foundation WebwinkelKeur appointed independent Disputes Committee, the decision of which is binding and both entrepreneur and consumer agree with this binding decision. Presenting one dispute to this disputes committee are costs obligations that must be paid by the consumer be submitted to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint suspends the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will at its option or the replace delivered products free of charge or to repair.

Article 15 - Disputes

1. On agreements between the entrepreneur and the consumer subject to these general terms and conditions pertaining is governed exclusively by Dutch law applicable. Even if the consumer lives is abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or of these general terms and conditions deviating provisions may not be to the detriment of the consumer and must be in writing laid down or in such a way that the consumers in an accessible way stored on a durable data carrier.