Terms and Conditions

Article 1 – Definitions

In these conditions the following definitions apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal; read everything about reflection time
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating 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 unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can complete when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance agreement:an agreement in which, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Altag B.V.
De Tegelarije 32
6042 TA Roermond
Netherlands

E ln.gatla@ofni
Chamber of Commerce 92849849
VAT number NL866193649B01

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding 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 can be read by the consumer. 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 2 and Article 17 apply to offers, orders and agreements with business customers. The other provisions of these general terms and conditions apply to consumers.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt 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 good 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.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion, and if so, where it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.

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 conditions set.
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 agreement of this acceptance has not been confirmed by the entrepreneur, 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer 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 data carrier:
- the visiting address of the entrepreneur's branch where the consumer can go with complaints;
- the conditions under which and the manner 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 warranties and existing after-sales service;
- the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6 – Right of withdrawal

When delivering products:

You may sometimes want to return an order, perhaps because the product is not what you expected or for another reason why you no longer want the order. Whatever the reason, you have the right to cancel your order up to 15 days after receipt without giving a reason.

After cancellation, you have a further 15 days to return your product. You will then be refunded the full order amount, including shipping costs. Only the cost of returning the product from your home to the webshop is at your own expense. Please consult your carrier's website for the exact rates. If you exercise your right of withdrawal, the product must be returned to the trader with all supplied accessories and – if reasonably possible – in its original condition and packaging. To exercise this right, you can contact us at ln.gatla@ofni. You can also register your return online with our return form. We will then refund the order amount due within 15 days of registering your return, provided that the product has been received back in good condition.

If an order is refused at the door, we consider this as use of the right of withdrawal. The return costs of €7.95 per package will be deducted from the order amount to be refunded. This also applies if the package is not collected from a collection point and is automatically returned to us.

If the product is damaged or the packaging is damaged more than is necessary to try the product, we can pass on this depreciation of the product to you. So handle the product with care and ensure that it is properly packaged when returned.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 15 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.
When returning a parcel, it must carry sufficient postage and comply with the terms and regulations of the chosen carrier. If these requirements are not met and additional costs arise as a result, the seller reserves the right to deduct these costs from the amount to be refunded.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or age quickly;
- the price of which is subject to 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 removed the seal;
- for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
- the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
- concerning betting and lotteries.

Article 9 – The price

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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated 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 legal 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 legal regulations or provisions; or
- the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

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 existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- the consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
In the event of withdrawal in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 15 days after withdrawal.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
If the consumer has not received a shipment, even if it is shown as delivered according to the track & trace information, he must report this to the entrepreneur as soon as possible, but no later than seven (7) days after the original delivery date shown in the track & trace information. The consumer reports this by e-mail to ln.gatla@ofni, stating his order number. Before making a report, the consumer checks whether the shipment has been left with the neighbours or at a pick-up point.
After the report, the entrepreneur starts an investigation with the carrier. For this investigation, the carrier requires a completed and signed recipient's declaration, also known as a declaration of non-receipt. The entrepreneur sends this declaration to the consumer. The consumer completes it fully and truthfully and returns it to the entrepreneur as soon as possible, preferably within seven (7) days. Without this declaration, the carrier cannot carry out the investigation. The entrepreneur informs the consumer of the outcome of the investigation.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise. In the event of a damaged or incomplete product, the consumer must contact the entrepreneur within a reasonable period, preferably within 48 hours of delivery. The entrepreneur will then offer an appropriate solution.
The consumer is responsible for providing correct address information. If incorrect or incomplete address information is provided, the risk of loss or incorrectly delivered products will be borne by the consumer.

Article 12 – Duration transactions: duration, cancellation and extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month.
The consumer can terminate the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a certain time or in a certain period;
- at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has agreed for himself.

Extension

An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than 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-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period 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 confirmation of the agreement.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), he will mediate for free. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating 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 by the consumer in an accessible manner on a durable data carrier.

Article 17 - Business customers: delivery and liability

A business customer is a natural person or legal entity placing an order with Altag B.V. in the course of a trade or profession. This article applies exclusively to business customers and does not restrict consumers’ rights.
Stated dispatch and delivery times are estimates and are not strict deadlines, unless Altag and the business customer have expressly agreed in writing on a binding final delivery date. Merely exceeding an estimated delivery time does not place Altag in default. Where the law requires a notice of default, the business customer must give Altag written notice allowing a reasonable additional period to deliver.
Altag is not liable for damage suffered by the business customer as a result of delayed delivery, subject to the exceptions in paragraph 6. This includes, in particular, business losses, business interruption, loss of profit or revenue, lost savings, wasted scheduled labour or installation costs, and penalties or compensation payable by the business customer to third parties because of the delay.
The business customer must take possible delivery delays into account when scheduling work and making arrangements with third parties, and take reasonable measures to prevent or limit damage. Scheduling staff, installation or other work before the order has actually been received is at the business customer’s own expense and risk, subject to paragraph 6.
These provisions do not affect Altag’s obligation to properly fulfil the order or the business customer’s statutory rights to performance or termination and the associated refund. Individually agreed written arrangements take precedence over this article.
The exclusion of liability does not apply in cases of intent or gross negligence by Altag or its management, where mandatory law prohibits the exclusion, or where applying it in the circumstances would be unacceptable according to the standards of reasonableness and fairness.

Can’t find your question?

Send us a message via the contact form or email ln.gatla@ofni. We answer your question within 1 working day.