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 execution
Article 12 – Duration transactions: duration, cancellation 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, the following terms shall have the following meanings:
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and who 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;
- Durable medium: 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 unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract in which, in the context 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 contract;
- Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Pareek Global
Jaipur, Rajasthan
T (91) 8759112-112
E contact@pachokeys.com
GSTIN: 08CQGPP8771H2Z6
Article 3 – Applicability
- These general terms and conditions apply to every offer of the entrepreneur and to every concluded distance contract and orders between entrepreneur and 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 viewed at the entrepreneur and they will be sent free of charge to the consumer as soon as possible at his request.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. 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 to the consumer electronically or in another way at his request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are null and void or are annulled at any time, in whole or in part, the agreement and these terms and conditions will remain in force for the remainder and the relevant provision will be replaced by mutual agreement without delay by a provision that approximates the purport of the original as much 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.
- Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adjust 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, they are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
- Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the way in which the contract 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 contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check and correct the data provided by him in the context of the contract;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur has subjected himself 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 duration 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 the fulfillment of the conditions set thereto.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 dissolve 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 for this purpose.
- The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds to refuse the agreement on the basis of this investigation, 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 the consumer can store it in an accessible manner on a durable medium: • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; • the information about warranties and existing service after purchase; • the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement; • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur in advance.
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form or by means of another communication medium such as by e-mail. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.
- If the customer has not made known that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
- For delivery of digital content that is not delivered on a material carrier, the consumer has no right of withdrawal.
For delivery of services:
- For delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he will only have to pay the costs of returning the goods at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive evidence of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
- In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
- The consumer cannot be held liable for any loss of value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement. 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, or at least in good time before the conclusion of 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;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software;
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- whose delivery 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 validity period 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.
- In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices will be 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: • they are the result of legal regulations or provisions; or • the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
- The prices of products or services mentioned in the offer include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the erroneous 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 soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
- 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 processed the delivered products himself or has had them repaired and/or processed by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- the defect is wholly or partly the result of regulations that the government has or will impose regarding 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 of products and when assessing requests for the provision of services.
- The address that the consumer has made known to the company applies as the place of delivery.
- With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially executed, 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 dissolve the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly stated that a replacement item will be delivered at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension Cancellation
- The consumer can cancel 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 with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can cancel an agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can cancel the agreements mentioned in the previous paragraphs: • at any time and not be limited to cancellation at a specific time or in a specific period; • at least cancel 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
- An agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
- In deviation from the previous paragraph, an agreement that has been entered into for a fixed period and that 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 can cancel this extended agreement by the end of the extension with a notice period of no more than one month.
- An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the expiry of the trial or introductory period. Duration
- If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term. Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known 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 execution of the agreement must be submitted to the entrepreneur in full and clearly described 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 foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a message of receipt and an indication 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 turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- 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 her choice, either replace or repair the products delivered 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 medium.