4. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

Transcription

1 General Terms and Conditions of B&S Central Portal Article 1 Definitions The following definitions apply in these terms and conditions: 1. B&S Central Portal: the reservation portal of B&S Central store, who offers products and/or services to consumers; 2. Consumer: Means the military and civilian personnel belonging to an Allied Joint Force Command HQ Brunssum (JFC HQ Brunssum) supported entity, whilst present in the territory of The Netherlands, being considered as members of a "force" or "civilian component" within the meaning of Article I 1 a resp. I 1 b of the NATO SOFA or art. III under 1.a or 1.b of the Paris Protocol, including military and civilian personnel which is temporarily (more than 5 consecutive days) formally assigned to one of the units mentioned in Annex I of this Support Arrangement for training purposes (temporary personnel); 3. Point of Contact: employee of an entity supported by JFC HQ Brunssum or its legal successor and who will establish the identity and ration and receive payment of consumer before concluding the contact. 4. Withdrawal period: the period within which the consumer can make use of his right of withdrawal; 5. Right of withdrawal: the possibility for the consumer to waive the reservation within the withdrawal period; 6. Day: calendar day; 7. Durable medium: every means that enables the consumer or Central Portal to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information. Article 2 Identity of B&S Central Portal B&S Central Portal/B&S Central Store, Rimburgerweg 30, 6445PA Brunssum. B&S Central Portal and B&S Central Store are trade names of Paul Retail B.V. Office hours: From Monday till Friday, from 10 am till 6pm, Saturday 10 am 3 pm is a reservation system of B&S Central Portal address: info@bs-centralportal.com Chamber of Commerce number: VAT identification number: NL B.01

2 Article 3 Applicability 1. These general terms and conditions apply to every offer made by B&S Central Portal, every reservation made by a consumer and to every contract that is realized between B&S Central Portal and a consumer. 2. Prior to the conclusion of a reservation or contract, the text of these general terms and conditions will be made digital available to the consumer. If this is not reasonably possible, B&S Central Portal will inform, before the contract is concluded, that the general terms and conditions are available for inspection at B&S Central Store s premises and have them available or have them sent free of charge to the consumer, as quickly as possible, at the consumer s request. Article 4 The offer 1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer. 2. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If B&S Central Portal makes use of illustrations, these will be a true representation of the products and/or services being offered. B&S Central Portal is not bound by obvious errors, typing errors or other mistakes in the offer. 3. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular: the price in Euro; taxes, if applicable, will be mentioned separately; any costs of delivery; the way in which the contract shall be concluded and which actions this will require; whether or not the right of withdrawal applies; the method of payment, delivery or implementation of the contract; the period for accepting the offer, or the period for adhering to the price; Article 5 The contract 1. The ability to purchase duty-free via reservations on the B&S Central Portal is dependent upon having an activation code and eligibility as indicated, verified by the Point of Contact, by a valid ID card and, in case of ordering excisable goods, a valid ration card which sufficiently covers the ordered ration. Activation codes are made available to the Point of Contact at the international entity where the consumer is placed. 2. The contract will be concluded at the moment at which the consumer accepts the offer by making a reservation, payment has been finalized and the identity has been established and by the Point of Contact and the conditions thereby stipulated and those as stipulated in article 5 paragraph 1 has been fulfilled. Goods bought by the customers at the international entities supported by JFC HQ Brunssum or its legal successor are intended for personal use only.

3 3. If the consumer has made the reservation electronically, B&S Central Portal will immediately confirm receipt of acceptance of the reservation electronically. The consumer can dissolve the reservation as long as the contract has not been concluded. 4. If the reservation is concluded electronically, B&S Central Portal will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, B&S Central Portal will take suitable security measures. 5. Payment is due upon moment of reservation. 6. Together with the product or service, B&S Central Portal will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium: a. the office address of B&S Central Portal s business location where the consumer can lodge complaints; b. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal; c. information on existing after-sales service and guarantees; d. the data included in article 4, paragraph 3 of these conditions, unless B&S Central Portal has already provided the consumer with these prior to concluding the contract; 7. The consumer and B&S Central Portal accept disclosure of personal information, quantity of products and financial information upon request of the Netherlands Customs authorities and will cooperate with the Netherlands Customs authorities to ensure that goods, to be eligible for seizure, will handed over based upon their authorities granted by the Customs Agreement HQ AFCENT, s- Gravenhage, 21 April 1989/nr. IFZ Article 6 Right of withdrawal upon delivery of products 1. When purchasing products offered, a consumer has the possibility of dissolving the contract free of charge, without providing reasons, during at least fourteen calendar days after delivery at the Point of Contact, except for excisable/ration goods. Excisable/ration goods can only be returned in case of production faults. 2. During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to B&S Central Portal, with all associated components, and in as far as this is reasonably possible in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by B&S Central Portal.

4 Article 7 Costs in a case of withdrawal In case of dissolution of the contract under article 6, B&S Central Portal will refund the amount paid by the consumer as quickly as possible, though at the latest within 14 calendar days after the withdrawal. Article 8 Preclusion from right of withdrawal 1. B&S Central Portal may only preclude the consumer from having a right of withdrawal if he clearly stated this fact when making the offer, or at least within reasonable time prior to conclusion of the reservation. 2. Preclusion from the right of withdrawal is only possible for products: a. that are considered excisable/ration goods b. that have been supplied in accordance with the consumer s specifications; c. that are clearly of a personal nature; d. that cannot be returned due to their nature; e. that rapidly decay or become obsolete; f. the price of which is subject to fluctuations on the financial market over which B&S Central Portal has no influence; g. for individual newspapers and magazines; h. for audio- and video-recordings and computer software, whereby the consumer has broken the seal. Article 9 The price 1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased. 2. Contrary to the previous paragraph, B&S Central Portal may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which B&S Central Portal has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices. 3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations. 4. Price increases more than 3 months after the contract was concluded are only permitted if B&S Central Portal stipulated as much and: a. they are the result of statutory regulations or stipulations; or b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect. 5. Prices are stated in Euros and offers of products or services are excluding customs duties, excise duties and VAT.

5 Article 10 Conformity and Guarantee 1. B&S Central Portal guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. 2. A guarantee arrangement offered by B&S Central Portal, manufacturer or importer does not affect the rights and claims that a consumer can enforce on the grounds of the law and/or the contract in relation to a failure on the part of B&S Central Portal to keep to his obligations vis-àvis the consumer. 3. The customers will have the same rights with regard to guarantee as if he had purchased the product at BS Central Store. Article 11 Supply and implementation 1. B&S Central Portal will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. 2. The place of delivery is deemed to be the point of contact at the international entity supported by JFC HQ Brunssum or its legal successor where the consumer is posted. 3. B&S Central Portal will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest one month after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge. 4. In case of dissolution in accordance with the previous paragraph, B&S Central Portal will refund the consumer with the sum paid as quickly as possible, though at the latest within 14 days after that dissolution. 5. Should delivery of a product that has been reserved prove impossible, B&S Central Portal will, in consultation with the consumer, attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to B&S Central Portal. 6. The risk of damage and/or loss of products rest upon B&S Central Portal up to the moment of delivery to the consumer, unless this has explicitly been agreed otherwise. 7. If a consumer orders ration products that exceeds his ration at the time of delivery at the Point of Contact, the Point of Contact will store the exceeding ration products and deliver them as soon as the ration of the consumer is sufficient.

6 Article 12 Payment 1. As far as no later date has been agreed, sums payable by the buyer should be paid at the moment the reservation is concluded through ideal or creditcard payment. 2. The buyer is obliged to report immediately to B&S Central Portal any inaccuracies in payment data provided. 3. In the event of non-payment on the part of the buyer, B&S Central Portal has the right, subject to statutory limitations, to charge the buyer for reasonable costs. Article 13 Disputes 1. Contracts entered into between B&S Central Portal and a consumer and which are subject to these general terms and conditions are subject to Dutch law. Book 7 BW (Civil Code of The Netherlands), Title 1, paragraph 1, article 5, 6 and 7 (Consumentenkoop) are explicitly applicable. 2. With regard to any and all disputes in connection with the conclusion or execution of contracts relating to products and services to be supplied by B&S Central Portal, or with regard to further agreements arising or resulting from or in connection with said contract, the court in Rotterdam shall have exclusive jurisdiction in the first instance, unless B&S Central Portal explicitly opts for the competence of the court of the domicile or in the place of residence of the Customer in The Netherlands. Article 14 - Additional or different stipulations Additional stipulations or stipulations that differ from these general terms and conditions may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.