NomadiQ BBQ

General terms and conditions

nomadiQ (VenStrom BV)

 

TABLE OF CONTENTS:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur Article 3 – Scope of application

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Consumer obligations during the cooling-off period

Article 8 – Consumer’s right of withdrawal and related costs

Article 9 – Entrepreneur’s obligations in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional guarantee

Article 13 – Delivery and execution

Article 14 – Continuing performance contracts: duration, notice and extension

Article 15 – Payments

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional provisions or derogations

 

Article 1 – Definitions

The following definitions apply to these terms and conditions:

1. Supplementary Agreement: an agreement whereby the consumer acquires products, distance contract, and/or services in connection with a distance contract and these items, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off Period: the term within which the consumer may exercise his/her right of withdrawal;
3. Consumer: the natural person acting for purposes relating to his/her trade, business, craft, or professional activities;
4. Day: a calendar day;
5. Digital Content: information that is produced and provided in a digital format;
6. Continuing Performance Contract: an agreement that extends to the regular delivery of goods, services, and/or digital content during a specific period;
7. Durable Data Carrier: any device or aid, including e-mail, that enables the consumer or entrepreneur to store information that is personally addressed to the consumer or entrepreneur in a manner that makes it possible to consult or use the information in the future for a duration that is in keeping with the purpose for which the information is intended, and that makes unaltered reproduction of the stored information possible;
8. Right of Withdrawal: the right that the consumer has within the cooling-off period to cancel the distance contract;
9. Entrepreneur: the natural person or legal entity who offers products, digital content, access to this content, and/or services to consumers at a distance;
10. Distance Contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sales of products, digital content, and/or services, whereby one or more technologies for remote communication are used exclusively or partly up until the agreement is concluded;
11. Standard Cancellation Form: the European standard cancellation form included in Appendix I to these General Terms and Conditions. Appendix I does not have to be made available if the consumer does not have a right of withdrawal with respect to the order.
12. Technology for Remote Communication: means that can be used to enter into an agreement, without the consumer and entrepreneur having to be in the same place at the same time.

 

Article 2 – Identity of the entrepreneur

Entrepreneur’s name:

VenStrom B.V.

Business adres: 
Bovenkamp 5
1391 LA  Abcoude
Telephone number: +31 (0) 85 877 02 92
E-mailadres: info@nomadiQbbq.com

Opening hours:
Monday to Friday from 9:00 a.m. to 6:00 p.m.

Chamber of Commerce-number: 64453855
VAT-identification number: NL855672808B01

 

Article 3 – Scope of application

1. These General Terms and Conditions apply to any of the Entrepreneur’s offers and to any Distance Contract entered into between the Entrepreneur and the Consumer.
2. The text of these General Terms and Conditions will be made available to the Consumer prior to the conclusion of a Distance Contract. If doing so is not reasonably possible, prior to the conclusion of the Distance Contract the Consumer will be informed about how the General Terms and Conditions can be inspected at the Entrepreneur’s premises and that, at the request of the Consumer, they will be sent as soon as possible free of charge.
3. If a Distance Contract is concluded by electronic means, the text of these General Terms and Conditions, notwithstanding the preceding paragraph and prior to the conclusion of the Distance Contract, may be made available to the Consumer by electronic means in such a way as to make it easy for the Consumer to store the text on a Durable Data Carrier. If doing so is not reasonably possible, the Consumer will be informed prior to the conclusion of the Distance Contract of the location at which the General Terms and Conditions can be inspected by electronic means and that, at the request of the Consumer, they will be sent by electronic means or by different means free of charge.
4. If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs will apply mutatis mutandis and, if there are contradictory general terms and conditions, the Consumer may always invoke the applicable provision that is most favourable to the Consumer.

 

Article 4 – The offer

1. If an offer is valid for a limited period of time or if an offer is made subject to conditions, this will be expressly stated in the offer.
2. The offer will contain a complete and accurate description of the products, Digital Content and/or services offered. The description will be sufficiently detailed to make it possible for the Consumer to properly assess the offer. If the Entrepreneur uses images, these images will be true representations of the products, services, and/or Digital Content offered. Obvious mistakes or manifest errors in the offer will not bind the Entrepreneur.
3. Each offer will contain information that makes the rights and obligations attached to acceptance of the offer clear to the Consumer.

 

Article 5 – The contract

  1. Subject to the provisions of paragraph 4, a contract is concluded when the Consumer accepts the offer and the applicable conditions are met.
  2. If the Consumer has accepted the offer by electronic means, the Entrepreneur must confirm receipt of the acceptance of the offer by electronic means without delay. As long as the Entrepreneur has not confirmed receipt of this acceptance, the Consumer may terminate the contract.
  3. If a contract is concluded by electronic means, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the Consumer is able to pay electronically, the Entrepreneur will comply with appropriate security measures that are in place for the purpose of electronic payment.
  4. Within the legal framework, the Entrepreneur may ascertain whether the Consumer is capable of meeting his/her payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a Distance Contract in a responsible manner. If, based on this investigation, the Entrepreneur has good reasons for not entering into a Distance Contract, it will be entitled to refuse an order or a request. This refusal must state the reasons, or it may attach special conditions to the execution of an order or a request.
  5. No later than on delivery of the product or provision of the product, service, or Digital Content to the Consumer, the Entrepreneur will provide the following information in writing or in a form that makes it possible for the Consumer to store the information in an accessible manner on a Durable Data Carrier:
  6. The address of the Entrepreneur’s branch that the Consumer can contact or visit in the event of complaints;
  7. The conditions under which and the way in which the Consumer can exercise the Right of Withdrawal or a clear notification that the Right of Withdrawal does not apply;
  8. Information about after-sales guarantees and services;
  9. The Price, including all taxes, the costs of delivery to the extent applicable and the method of payment, delivery, and performance of the contract;
  10. the requirements for giving notice to terminate the contract if the contract has a duration of more than one year or is open ended;
  11. if the Consumer has a Right of Withdrawal, the Standard Cancellation Form for Withdrawal.
  12. If it concerns a Continuing Performance Contract, the provisions of the previous paragraph only apply to the first delivery.

 

Article 6 – Right of withdrawal 

For products:

  1. The Consumer may terminate a contract that relates to the purchase of a product without giving reasons within a minimum Cooling-off Period of 14 Days. The Entrepreneur may ask the Consumer for the reasons for the withdrawal, but may not oblige the Consumer to give the reasons.
  2. The Cooling-off Period referred to in paragraph 1 commences on the Day after the one on which the Consumer, or a third party – other than the carrier – designated by the Consumer in advance, received the product, or:
  3. if the Consumer placed a single order for several products: on the Day on which the Consumer or a third party designated by the Consumer receives the last product. Provided that the Entrepreneur informed the Consumer in a clear manner prior to the order process, the Entrepreneur may refuse an order for several products with different delivery times.
  4.  if the delivery of a product consists of different consignments or parts: on the Day on which the Consumer or a third party designated by the Consumer receives the last consignment or the last part;
  5. in the case of contracts for the regular delivery of products for a certain period of time: on the Day on which the Consumer or a third party designated by the Consumer receives the first product.

For services and Digital Content not provided on a tangible medium:

  1. The Consumer may terminate a service contract for Digital Content that is not provided on a tangible medium within 14 days without giving reasons. The Entrepreneur may ask the Consumer for the reasons for the withdrawal, but may not oblige the Consumer to give the reasons.
  2.  The Cooling-off Period referred to in paragraph 3 commences on the Day after the one on which the contract was concluded.

Extended Cooling-off Period for products, services, and Digital Content not provided on a tangible medium if the Consumer has not been informed of the Right of Withdrawal:

  1. if the Entrepreneur has not given the Consumer the information about the Right of Withdrawal as required by law, or has not provided the Standard Cancellation Form, the Cooling-off Period will end twelve months after the end of the original Cooling-off Period as established in accordance with the previous paragraphs of this article.
  2. If the Entrepreneur provides the information referred to in the preceding paragraph within twelve months of the commencement date of the original Cooling-off Period, the Cooling-off Period will end 14 Days after the Day on which the Consumer received the information.

 

Article 7 – Consumer obligations during the cooling-off period  

1. The Consumer must handle the product and packaging with care during the Cooling-off Period. The Consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic principle in this regard is that the Consumer may only inspect and use the product in the way that he/she would be allowed to do in a shop.
2. The Consumer will only be liable for a decrease in the value of the product that is the consequence of the product having been handled in a manner over and above the manner permitted in paragraph 1.
3. The Consumer will not be liable for a decrease in the value of the product if the Entrepreneur did not provide the Consumer with all of the information required by law regarding the Right of Withdrawal prior to or on the conclusion of the Distance Contract.

 

Article 8 – The consumer's excercise of the right of withdrawl and associated costs 

  1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period to the entrepreneur by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns 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 entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of returning the product.
  6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not made ready for sale in a limited volume or certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the commitment.
  7. The Consumer will not bear any costs for the performance of services or the supply of water, gas, or electricity not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
  8. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal or the model withdrawal form, or;
  9. the consumer has not expressly requested the commencement of performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
  10. The consumer shall not bear any costs for the full or partial delivery of digital content which is not supplied on a tangible medium, if:
  11. he has not expressly agreed to start fulfilling the contract before the end of the cooling-off period;
  12. he has not acknowledged losing his right of withdrawal when giving his consent; or
  13. The entrepreneur has failed to confirm this statement from the consumer.
  14. If the consumer exercises his right of withdrawal, all ancillary contracts shall be automatically rescinded.

 

Article 9 – Entrepreneur's obligations in the event of withdrawal   

1. If the Entrepreneur makes it possible for the Consumer to give notice of cancellation by electronic means, the Entrepreneur
will send confirmation of receipt without delay after receiving this notice.
2. the Entrepreneur will reimburse all payments made by the Consumer, including any delivery costs charged by the
Entrepreneur, for the returned product without delay and in any case within 14 Days following the Day on which the
Consumer gives informs it of the withdrawal. Unless the Entrepreneur offers to collect the product, it may defer repayment
until it has received the product or until the Consumer has shown that he/she has sent the product back, whichever event
occurs first.
3. To effect repayment, the Entrepreneur will use the same method of payment that the Consumer used, unless the
Consumer agrees to a different method. The repayment will take place at no cost to the Consumer.
4. If the Consumer opted for a delivery method that was more expensive than the most inexpensive standard delivery
method, the Entrepreneur will not be required to repay the additional costs for the more expensive method.

 

Article 10 – Exclustion of the right of withdrawal  

The Entrepreneur may exclude the applicability of the Right of Withdrawal for the following products and services, but only if the
Entrepreneur gave clear notice of this exclusion in the offer or at any rate in good time prior to the conclusion of the contract:

  1. products or services for which the price depends on fluctuations in the financial market over which the Entrepreneur has no
  2. contracts entered into during a public auction. ‘Public auction’ means a sales method in which the Entrepreneur offers
    products, digital content, and/or services to the Consumer who is personally present or is given the opportunity to be
    personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to
    purchase the products, digital content, and/or services;
  3. service contracts, after performing the service in full, but only if:
  4. the performance commenced with the express prior agreement of the Consumer; and
  5. the Consumer has stated that he/she will lose his/her Right of Withdrawal as soon as the Entrepreneur has performed
    the contract in full;
  6. package tours as referred to in Book 7 Article 500 of the Dutch Civil Code and contracts of carriage of persons;
  7. service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the
    contract and other than for residential purposes, goods transport, car rental services and catering;
  8. service contracts concerning leisure activities, if a specific date or period of performance is provided for in the contract;
  9. products manufactured in accordance with the specifications of the Consumer that are not prefabricated and that are
    manufactured based on the Consumer’s
  10. Products that spoil quickly or have a limited shelf life;
  11. Sealed products which for reasons of health protection or hygiene are not suitable for return and whose seal has been broken after delivery;
  12. Products which, due to their nature, have been irrevocably mixed with other products after delivery;
  13. Alcoholic beverages of which the price was agreed upon when the agreement was made, but of which the delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the entrepreneur has no influence;
  14. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  15. Newspapers, journals or magazines, with the exception of subscriptions;
  16. The supply of digital content other than on a tangible medium, but only if:
  17. performance has begun with the express prior consent of the consumer; and
  18. the consumer has declared that he thereby loses his right of withdrawal.

 

Article 11 – The price

  1. During the term of validity stated in the offer, the price of the products and/or services offered will not be increased, except
    if prices change due to changes in VAT rates.
  2. Contrary to the provisions of the previous paragraph, the Entrepreneur is entitled to offer variable prices for products or
    services that are subject to fluctuations in the financial market and over which the Entrepreneur has no control. This
    dependence on fluctuations and the fact that any prices mentioned are guideline prices will be stated in the offer.
  3.  Price increases within three months following the conclusion of the contract are only permitted if they are the result of
    statutory regulations or provisions.
  4. Price increases after three months following the conclusion of the contract are only permitted if they were stipulated by the
    Entrepreneur and:
  5. the increases are the result of statutory regulations or provisions; or
  6. the Consumer has the right to terminate the contract effective as of the Day on which the price increase takes effect.
  7. The prices of the products or services stated in the offer include VAT.

 

Article 12 – Compliance with the contract and additional guarantee   

1. The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the
offer, reasonable requirements regarding reliability and/or usability, and the statutory provisions and/or government
regulations in force on the date on which the contract was concluded. If so agreed, the Entrepreneur also guarantees that the
product is suitable for use other than normal use.
2. Any additional guarantee provided by the Entrepreneur, its subcontractor, manufacturer, or importer may never limit the
legal rights and claims that the Consumer may enforce against the Entrepreneur by virtue of the contract if the Entrepreneur
fails to perform its part of the contract.
3. ‘Additional guarantee’ means each obligation assumed by the Entrepreneur, its subcontractor, importer, or manufacturer
under which the Entrepreneur grants the Consumer certain rights or claims that, in terms of scope, exceed those that the
Entrepreneur is required to grant by law if it has failed to perform its part of the contract.

 

Article 13 – Delivery and execution 

1. The Entrepreneur will exercise the greatest possible care when receiving and executing orders for products, and when
assessing requests for the provision of services.
2. The delivery location is the address that the Consumer has made known to the Entrepreneur.
3. With due observance of the relevant provisions of Article 4 of these General Terms and Conditions, the Entrepreneur will
execute accepted orders expeditiously and in any case within 30 Days, unless a different delivery period has been agreed. If
the delivery is delayed or if the order cannot be executed or can only be partially executed, the Consumer will be informed of
this no later than 30 Days after the Consumer placed the order. The Consumer will in that case have the right to terminate
the contract without incurring costs and is entitled to compensation if applicable.
4. Following termination in accordance with the preceding paragraph, the Entrepreneur will pay back the amount paid by the Consumer
without delay.
5. The risk of damage to and/or the loss of products lies with the Entrepreneur until the time at which the products are delivered
to the Consumer or to a representative designated and made known to the Entrepreneur in advance, unless expressly agreed
otherwise.

 

Article 14 - Duration transactions: duration, termination and renewal

Denunciation:

  1. The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
  2. The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to agreed termination rules and a maximum notice period of one month.
  3. The consumer may conclude the contracts referred to in the previous paragraphs:
    • Cancel at any time and not be limited to cancellation at a specific time or in a specific period of time;
    • At least denounce them in the same way as they were entered into by him;
    • Always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Contrary to the previous paragraph, a fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can terminate this renewed contract by giving up to one month's notice at the end of the renewal.
  3. A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time by giving not more than one month's notice. The period of notice shall not exceed three months in the event that the contract is for the regular delivery of daily newspapers, news and weekly newspapers and magazines, but less than once a month.
  4. An agreement with a limited duration for the regular supply of daily newspapers, news and weekly newspapers and magazines for acquaintance (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration:

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness dictate otherwise.

 

Article 15 – Payments

1. Insofar as not otherwise stipulated in the contract or additional conditions, the amounts owed by the Consumer must be paid
within 14 Days following the commencement of the Cooling‑off Period or, if a Cooling-off Period does not apply, within 14
Days following the conclusion of the contract. If it concerns a contract for services, this payment term commences on the
Day after the one on which the Consumer received confirmation of the contract.
2. Regarding the selling of products to Consumers, the Consumer may never be obliged in General Terms and Conditions to pay
more than 50% in advance. If an advance payment is required, the Consumer may not exercise any right with respect to the
execution of the order or services concerned before the stipulated advance payment has been made.
3. The Consumer has a duty to inform the Entrepreneur of inaccuracies in payment details provided or specified without
delay.
4. If the Consumer fails to fulfil his/her payment obligations on time, and after he/she has been informed by the Entrepreneur of
the late payment and the Entrepreneur has granted the Consumer an additional term of 14 Days within which to fulfil his/her
payment obligations and the Consumer still fails to fulfil his/her payment obligations within this additional term of 14 Days,
the Consumer will owe statutory interest on the amount still owed and the Entrepreneur will be entitled to charge the
extrajudicial collection costs that it incurs. These collection charges will be capped at: 15% of outstanding amounts up to
€2,500; 10% over the next €2,500 and 5% over the next €5,000, with a minimum of €40. The Entrepreneur may deviate
from the stated amounts and percentages in the Consumer’s favour.

Article 16 – Complaints procedure     

1. The Entrepreneur has a properly published complaints procedure and handles complaints according to this procedure.
2. Complaints about the performance of the contract must be fully and clearly described and submitted to the Entrepreneur
within a reasonable period of time following the Consumer’s discovery of the shortcomings.
3. The Entrepreneur will respond to complaints submitted within 14 Days following the date on which the complaint was
received. If it is foreseen that more time is required to handle a complaint, the Entrepreneur will reply within the term of 14
Days to confirm receipt and provide an indication of when the Consumer may expect a more detailed reply.
4. The Consumer must in any case give the Entrepreneur four weeks to resolve the complaint in joint consultation. Once this
term has lapsed, the complaint will constitute a dispute that is subject to the dispute settlement procedure.

 

Article 17 – Disputes
Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions pertain are
governed exclusively by Dutch law.

 

Article 18 - Additional or different provisions

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.

 

Annex I: Model withdrawal form

 

 

Model revocation form

fill in this form and return it only in the event of withdrawal from the contract

 

To:

nomadiQ (part of VenStrom B.V.)

Bovenkamp 5

1391 LA  Abcoude

info@nomadiQbbq.com

 

  • I hereby inform you that I wish to revoke my agreement concerning
    the sale of the following products: …………………………………………

 

  • Ordered on date: ………………………………………………..

 

  • Name: ………………………………………………………..……

 

  • Address + place of residence: ……………………………………………………………..

 

  • Order number: ……………………………………………………………..

 

 

  • Consumer signature: ………………………………………………………