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    • Terms and Conditions

    General 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 - Obligations of the consumer during the cooling-off period

    Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

    Article 9 - Obligations of the entrepreneur in case of withdrawal

    Article 10 - Exclusion of the right of withdrawal

    Article 11 - The price

    Article 12 - Fulfillment and extra guarantee

    Article 13 - Delivery and implementation

    Article 14 - Duration transactions: duration, termination and extension

    Article 15 - Payment

    Article 16 - Complaints procedure

    Article 17 - Disputes

    Article 18 - Additional or deviating provisions

    Article 1 - Definitions

    In these terms and conditions, the following definitions apply:

    1. Additional agreement: an agreement in which the consumer acquires products, digital content 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 arrangement between that third party and the entrepreneur;
    2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
    3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
    4. Day: calendar day;
    5. Digital content: data produced and supplied in digital form;
    6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a given period;
    7. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
    8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
    9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
    10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or shared use is made of one or more techniques for distance communication;
    11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal regarding his order;
    12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same space at the same time.

    Article 2 - Identity of the entrepreneur

    Company: Hardi Trading trading as Pokeca

    Address: Looweg 35, 7741 EG Coevorden

    Phone number: 06-83973596

    E-mail address: info@pokeca.nl

    Chamber of Commerce (KvK) number: 85696137

    VAT identification number: NL004140125B43

    If the entrepreneur's activity is subject to a relevant licensing system: the

    details of the supervisory authority.

    If the entrepreneur practices a regulated profession:

    • the professional association or organization to which he is affiliated;
    • the professional title, the place in the EU or the European Economic Area where it was granted;
    • a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules are accessible.

    Article 3 - Applicability

    1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
    2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
    3. If the distance contract is concluded electronically, then, contrary to 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 easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
    4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to him.

    Article 4 - The offer

    1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
    2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
    3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

    Article 5 - The agreement

    1. 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 attached thereto.
    2. 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
    3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
    4. The entrepreneur may, within legal frameworks, check 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 the entrepreneur has good grounds for not entering into the agreement based on this investigation, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
    5. The entrepreneur will send the following information to the consumer, at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    6. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
    7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
    8. information about guarantees and existing post-purchase service;
    9. the price including all taxes of the product, service or digital content; where applicable the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    11. if the consumer has a right of withdrawal, the model withdrawal form.
    12. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

    Article 6 - Right of withdrawal

    For products:

    1. The consumer may dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
    2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:
    3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
    4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
    1. for agreements for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the first product.

    For services and digital content that is not supplied on a tangible medium:

    1. The consumer may dissolve a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium during at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
    2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

    Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:

    1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
    2. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

    Article 7 - Obligations of the consumer during the cooling-off period

    1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
    2. The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
    3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

    Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

    1. If the consumer makes use of his right of withdrawal, he shall notify this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
    2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand 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 supplied accessories, if reasonably possible in its 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 must bear these costs or if the entrepreneur indicates that he bears the costs himself, the consumer does not have to bear the costs for return.
    6. If the consumer withdraws after having first explicitly requested that the performance of the service or the delivery of gas, water or electricity not made ready for sale in a limited volume or certain quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the commitment.
    7. The consumer bears no costs for the execution of services or the delivery of water, gas or electricity not made ready 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 explicitly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
    10. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    11. he has not explicitly agreed to begin the performance of the agreement before the end of the cooling-off period prior to its delivery;
    12. he has not acknowledged losing his right of withdrawal when granting his consent; or
    13. the entrepreneur has failed to confirm this statement from the consumer.
    14. If the consumer makes use of his right of withdrawal, all additional agreements are dissolved by operation of law.

    Article 9 - Obligations of the entrepreneur in case of withdrawal

    1. If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he shall immediately send a confirmation of receipt after receiving this notification.
    2. The entrepreneur shall reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
    3. The entrepreneur uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
    4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

    Article 10 - Exclusion of the right of withdrawal

    The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has stated this clearly with the offer, or at least in good time before the conclusion of the agreement:

    1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
    2. Agreements concluded at a public auction. A public auction is defined as a sales method where products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
    3. Service agreements, after full performance of the service, but only if:
    4. performance has begun with the consumer's express prior consent; and
    5. the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the agreement;
    6. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
    7. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
    8. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
    9. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
    10. Products that deteriorate rapidly or have a limited shelf life;
    11. Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
    12. Products that, by their nature, are inseparably mixed with other products after delivery;
    13. Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
    14. Sealed audio recordings, video recordings and computer software, whose seal has been broken after delivery;
    15. Newspapers, journals or magazines, with the exception of subscriptions thereto;
    16. The delivery of digital content other than on a tangible medium, but only if:
    17. performance has begun with the consumer's express prior consent; and
    18. the consumer has declared that they thereby lose their right of withdrawal.

     

    Article 11 - The price

    1. 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 resulting from changes in VAT rates.
    2. Contrary to the previous paragraph, the trader may offer products or services with variable prices, where the prices are subject to fluctuations in the financial market and over which the trader has no influence. This dependence on fluctuations and the fact that any stated prices are target prices are stated with the offer.
    3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
    4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
    5. they are the result of legal regulations or provisions; or
    6. the consumer has the power to cancel the agreement on the date the price increase takes effect.
    7. The prices stated in the offer of products or services include VAT.

     

    Article 12 - Performance of agreement and extra warranty

    1. The trader 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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
    2. An extra warranty provided by the trader, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfill its part of the agreement.
    3. An extra warranty is defined as every commitment by the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in case it has failed to fulfill its part of the agreement.

     

    Article 13 - Delivery and implementation

    1. The trader 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 the address that the consumer has made known to the trader.
    3. Observing what is stated about this in Article 4 of these general terms and conditions, the trader will implement accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If 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 placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
    4. After dissolution in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
    5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

     

    Article 14 - Duration transactions: duration, cancellation and extension

    Cancellation:

    1. The consumer may cancel an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed cancellation rules and a notice period of no more than one month.
    2. The consumer may cancel an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time by the end of the definite period, subject to agreed cancellation rules and a notice period of no more than one month.
    3. The consumer may 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 trader has stipulated for itself.

    Extension:

    1. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
    2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite 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.
    3. An agreement that has been entered into for a definite period and which 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. The notice period is 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.
    4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.

    Duration:

    1. 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 duration.

     

    Article 15 - Payment

    1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
    2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the implementation of the order or service(s) in question, before the stipulated advance payment has taken place.
    3. The consumer has the duty to report inaccuracies in provided or stated payment data immediately to the trader.
    4. If the consumer does not fulfill his payment obligation(s) in time, he is, after he has been pointed out by the trader of the late payment and the trader has granted the consumer a period of 14 days to fulfill his payment obligations, after failure to pay within this 14-day period, due the statutory interest on the amount still owed and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The trader may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

     

    Article 16 - Complaints procedure

    1. The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the trader within a reasonable time after the consumer has discovered the defects.
    3. Complaints submitted to the trader will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.