Article 1 Definitions
In these terms and conditions the following definitions conditions apply:
1. Entrepreneur: the natural or legal person that offers distance products and/or services to the consumer;
2. Consumer: a natural person not acting in the exercise of professional or business duties who enters into a distance agreement with the entrepreneur;
3. Distance agreement: an agreement under which, in the context of the system for the selling of products and / or services at distance, as organized by the entrepreneur, use is made of one or more means of distance communication;
4. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader having to be in the same area; 5. Grace period: The period during which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to renounce the contract within the grace period;
7. Day: calendar day;
8. Duration Transaction: a distance contract relating to a range of products and / or services, whose delivery and / or purchase is spread over time;
9. Durable medium: any means that enables the consumer or business to store information that is addressed to him/her personally and makes it possible for future consultation and unaltered reproduction of the stored information
Article 2 – Identity of the entrepreneur
Name: Africa legal Aid
Address: Laan van Meerdervoort 70, 2517 AN, The Hague, The Netherlands
Phone: 00 31 (0) 70-3452842 or 00 31 (0) 70-3455812
Fax: 00 31 (0) 70-454968
Chamber of Commerce number: 41078925
VAT registration number: Not applicable
Article 3 – Applicability
1. These terms and conditions apply to every offer of the entrepreneur and any realized distance agreement between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of these terms and conditions shall be made available to the consumer free of charge.
Article 4 – The offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly mentioned in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer it. If the contractor uses images, these are a true reflection of the products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear for the consumer what rights and obligations are contained in the offer. This concerns in particular:
• price including taxes;
• costs of delivery;
• how the agreement will be achieved and what actions they require;
• application of the right of withdrawal;
• method of payment, delivery or performance of the contract;
• deadline for accepting the offer, or the deadline for adhering to the price;
• level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate;
• if the agreement is filed, how it can be accessed by consumers;
• languages in which, in addition to Dutch, the contract may be entered into; the codes of conduct to which the trader is subject and the manner in which the consumer can access these and
• the minimum duration of the distance contract in the event of an agreement that involves the continuous or periodic delivery of products or services.
Article 5 – The contract
1. Subject to the provisions of paragraph 4, the agreement is concluded by acceptance of the consumer of the offer and his/her meeting of the corresponding conditions.
2. If the consumer has accepted offer electronically, the entrepreneur confirms without undue delay electronic receipt of the acceptance of the offer. Until receipt of this acceptance is confirmed, the consumer may rescind the contract.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can – within the limits of law – explore whether the consumer is able to meet his/her payment obligations, as well as consider all those facts and factors relevant to a sound conclusion of the agreement. If the entrepreneur, on the basis of acquired
information, has sound reasons not to enter into the agreement, he is entitled to refuse an order or application, or to impose additional conditions.
5. The entrepreneur will provide with the products such services icluding the following information:
• a. the address of the establishment of the entrepreneur where consumers can lodge complaints;
• b. the conditions and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• c. information on existing after sales service and guarantees;
• d. the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information before the execution of the contract;
• e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
• If the entrepreneur is committed to providing a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal upon delivery of products
1. When purchasing products, the consumer can terminate the contract without giving reasons during a period of 14 days. This period commences on the day following receipt of the product by or on behalf of consumers.
2. During this period the consumer will treat the products and packaging with due care. He will only unpack the product or use it as necessary to assess whether he would prefer to retain it. If he exercises his right of withdrawal, the consumer will return the product with all accessories and -if reasonably possible – in its original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the
Article 7 – Costs of withdrawal
1. If the consumer exercises his right of withdrawal, he will only bear the costs of returning.
2. If the consumer has paid an amount, the entrepreneur shall pay back this amount as soon as possible and no later than 30 days after the return or cancellation.
Article 8 – Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be ruled out by the entrepreneur if he clearly submits this in the offer, or at least has indicated this in time prior to the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
• a. produced by the entrepreneur in accordance with consumer’s specifications;
• b. that are clearly personal in nature;
• c. by their nature cannot be returned;
• d. that rapidly decay or become obsolete;
• e. whose price depends on fluctuations in the financial market on which the entrepreneur has no control;
• f. for individual newspapers and magazines;
• g. for audio and video recordings and computer software from which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
• a. concerning accommodation, transport, catering or leisure to carry on a certain date or during a period;
• b. the supply of which requires the express consent of the consumer, before the period for
consideration has expired;
• c. on betting and lotteries.
Article 9 – Price
1. During the period mentioned in the offer, prices of the products and / or services shall not be increased, except for price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph, the entrepreneur can offer variable prices for business products or services whose prices are subject to fluctuations in the financial markets and on which the entrepreneur has no control. These fluctuations and the fact that any prices may be recommended prices shall be indicated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has acquired the right to do so and these are the result of laws or provisions or in case the consumer has the power to terminate the agreement at the date the increase takes effect.
5. The prices of products or services mentioned in the offer include VAT.
Article 10 – Compliance and Warranty
1. The entrepreneur guarantees that the products and/or services satisfy the agreement, the specification mentioned in the offer, the requirements of reliability and/or usefulness, and the legal provisions and/or government regulations existing at the date of the conclusion of the agreement.
2. Any warranty offered by the entrepreneur, manufacturer or importer shall not affect the rights and claims the consumer enjoys in respect of a breach of the obligations of the entrepreneur against the entrepreneur to claim under the agreement and the laws governing it.
Article 11 – Delivery and implementation
1. The entrepreneur shall exercise due care in receiving and implementing orders and products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these terms, the entrepreneur shall deliver no later than 30 days after it has accepted an order, unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer will be informed of this no later than one month after the order was placed. The consumer in this case has the right to terminate the contract without penalty.
4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur shall repay the amount that the consumer has paid as soon possible and within 15 days after termination.
5. If delivery of an ordered product proves impossible, the trader will attempt to provide a replacement item if available. Latest at the time of delivery, the consumer will be informed that a replacement article is delivered. As regards replacement items, the right of withdrawal cannot be excluded. The cost of return are borne by the entrepreneur.
6. The risk of damage and/or loss of products rest on the entrepreneur until the moment of delivery, unless otherwise expressly agreed.
Article 12 – Payment
1. Unless otherwise agreed, the consumer shall pay the amounts to be paid within 14 days after delivery of the goods or in case of a contract to provide a service, within 14 days after issuance of documents relating to this contract.
2. When selling products to consumer, prepayment duties shall not exceed 50% of the
price. If prepayment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s), before the advance payment has been done.
3. The consumer has the duty to inform the entrepreneur of any inaccuracies in data concerning payment details.
4. In case of default by the consumer, the entrepreneur, subject to legal constraints, has the right to charge to the consumer reasonable costs, provided it has informed the consumer of these.
Article 13 – Complaints
1. The consumer has the right to submit to the entrepreneur complaints.
2. Complaints about the implementation of the agreement should be submitted promptly, fully and clearly to the entrepreneur.
3. The entrepreneur shall respond to complaints within 14 days from the date of receipt. If the processing of a complaint will take longer, the entrepreneur shall inform the consumer accordingly and indicate when the consumer can expect a more detailed answer.
Article 14 – Disputes
With respect to agreements between the entrepreneur and the consumer only the conditions of Dutch law apply.
Article 15 – Additional or different terms
Supplementary provisions to, or provisions deviating from these terms and conditions shall not be to the detriment of the consumer or his/her disadvantage and shall be recorded in writing or in such a way that the consumer is able to store these on a durable medium.