under construction
For the purposes of these terms and conditions, the following definitions shall apply:
Supplementary agreement: an agreement whereby the consumer acquires products,
digital content and/or services in connection with a distance contract
and these products, digital content and/or services are supplied by the operator
or by a third party on the basis of an agreement between that third party and the trader;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his
with his trade, business, craft or profession;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Application of the law is determined within the Netherlands and or Europe
Door-to-door agreement: an agreement that extends to the regular delivery of goods
services and/or digital content during a certain period of time;
Durable data carrier: every tool – including email
– 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,
and which allows for the unaltered reproduction of the stored information;
Right of withdrawal:
Right of withdrawal: the possibility for the consumer to withdraw from the
the cooling-off period to withdraw from the distance contract;
Distance contract: an agreement concluded between the trader and the consumer is concluded within the framework of an organised system for the remote sale
at a distance of products, digital content and/or services, where up to and including the conclusion of the agreement exclusively or partly uses one or more techniques for distance communication;
Model form for withdrawal: the model withdrawal form (availbale at: MENU: SHOP|WITHDRAWAL FORM).
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Stichting Ondersteuning Programmeertaal Pascal (SOPPASC), English: Foundation For Support For The Programming Language Pascal, trading name Blaise Pascal Magazine
Edelstenenbaan 21 | 3402 XA IJsselstein | Netherlands;
Phone number: 06 21236268 available from 10 – 23 hours
E-mail address: office@blaisepascal.eu / editor@blaisepascal.eu
Chamber of Commerce number: 30 202429
VAT ID number: NL814254147B01
Publisher a reference to the professional rules that apply in the Netherlands and indications as to where and how these rules of professional conduct may be accessed.
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is
distance contract is concluded, indicate in what way the general terms and conditions can be inspected at the website can be viewed and that, at the consumer’s request, they will be will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions electronically to the consumer be made
be made available in such a way that it can be stored by the consumer in a simple manner can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be
can be inspected electronically and that, at the consumer’s request, they can be consulted electronically or otherwise consumer will be sent electronically or otherwise free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly and the apply by analogy and the consumer may, in the event of conflicting
conditions 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 shall 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reproduction of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the offer. 150922
ARTICLE 5 – THE AGREEMENT
1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within the limits of the law, acquaint himself with the ability of the consumer to fulfill his payment obligations, as well as with all those facts and factors which are important for a sound conclusion of the distance contract.
If, on the basis of this examination, the entrepreneur has sound reasons for not entering into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will, at the latest upon delivery of the product, service or digital content the product, service or digital content, the entrepreneur shall provide the consumer with the following information, in writing or in such a way that the consumer can easily access it by the consumer in an accessible way on a durable medium sustainable data carrier, to the consumer:
a. the visiting address of the Entrepreneur’s business establishment where the Consumer may lodge a complaint complaints;
b. the conditions on 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.
c. the information on guarantees and existing after-sales service;
d. 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 performance of the payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model form for revocation.
6. In case of a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
For products:
1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal,
but he is not obliged to give his reason(s).
2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance and which is not the carrier, or:
a. if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last received the last product.
The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time;
b. 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, has received the last shipment or the last part;
c. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first received the first product.
For services and digital content that is not supplied on a tangible medium:
3. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason.
The trader may ask the consumer for the reason for his withdrawal, but may not oblige him to give his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the
agreement.
Extended cooling off period for products, services and digital content which is not supplied on a
for products, services and digital content which are not supplied on a tangible medium if no information is provided about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the
period shall expire twelve months after the end of the original period of withdrawal, as stipulated in the previous
the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the
12 months after the starting date of the original reflection period, the reflection period ends 14 days after the day on which the consumer received this information.
consumer has received this information.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
1. During the reflection period the consumer will treat the product and its packaging. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would in a shop.
2. The consumer is only liable for the decrease in value of the product which is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the entrepreneur did not provide him, before or at the time of concluding the contract, Entrepreneur has not provided him with all the information required by law concerning the right of withdrawal. 150922
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS
1. If the consumer exercises his right of withdrawal, he shall, within the cooling-off period, notify the unequivocally 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 sends the product back before the cooling-off period expired.
3. The consumer shall return 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 the burden of proof for the correct and timely exercise of the right of withdrawal shall lie with the consumer.
5. The consumer shall bear the direct costs of returning the product.
If the entrepreneur has indicated that the consumer should bear these costs or if the entrepreneur has indicated that he should bear the costs. The consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after first explicitly requesting that the provision of the service which is not ready for sale in a limited volume or specific quantity starts during the reflection period, the consumer owes the entrepreneur an amount which is proportionate to that part of the commitment that has been fulfilled at the moment of withdrawal, compared to the full extent of the of the commitment.
a. the trader has not provided the consumer with the legally required information about the
right of withdrawal, the reimbursement of expenses in case of withdrawal or the model form for withdrawal
the model form for withdrawal, or;
b. the consumer has not expressly requested the commencement of the performance of the service or district heating during the cooling-off period requested during the withdrawal period.
8. The consumer does not bear any costs for the complete or partial delivery of digital content which is not supplied on a tangible medium if:
a. prior to delivery he has not expressly consented to the performance of the contract before the end of the cooling-off period; or cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this declaration by the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary contracts are cancelled by operation of law. 150922
ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL
1. If the Entrepreneur makes it possible for the Consumer to report a withdrawal electronically, then he sends an acknowledgement of receipt without delay after confirmation of receipt.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer
him the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
3. The entrepreneur shall use the same means of payment for repayment as the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method. 150922
ARTICLE 10 – EXCLUSION OF RIGHT OF WITHDRAWAL
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
2. Contracts that have been concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be present in person at the auction, under led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. the performance has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely executed the agreement;
4. Package holidays as meant in article 7:500 BW (Dutch Civil Code) and agreements of passenger transport;
5. service contracts for the provision of accommodation, if a certain date or period of performance is stipulated in the contract and other than for residential purposes, transport of goods, car rental services and catering;
6. Contracts concerning leisure activities, if the contract provides for a specific date or period of performance;
7. Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
8. Products that have a limited shelf life;
9. Sealed products which are unsuitable for return for reasons of health protection or hygiene and whose seal was broken after delivery;
10. Products that after delivery by their nature are irrevocably mixed with other products;
12. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
13. Newspapers, magazines or journals, with the exception of subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has started with the explicit prior consent of the consumer; and
consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal. 150922
ARTICLE 11 – THE PRICE
1. During the period of validity mentioned in the offer, the prices of the offered shall not be increased, with the exception of price changes due to changes in changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence on, offer products or services with variable prices. This linked to fluctuations and the fact that any prices mentioned are target prices, are mentioned with the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect
of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT. 180922
ARTICLE 12 – PERFORMANCE CONTRACT AND ADDITIONAL GUARANTEE
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, to the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can consumer based on the agreement against the entrepreneur has failed to fulfill his part of the agreement.
3. Additional guarantee means any undertaking by the entrepreneur, his supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
ARTICLE 13 – DELIVERY AND EXECUTION
1. The entrepreneur shall take the greatest possible care when receiving and executing product orders and in assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due haste but at the latest within 30 days, unless a different delivery period has been agreed upon.
If the delivery has been delayed, or if an order cannot be or can only partially be implemented, the consumer receives notice of this no later than 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without cost dissolve the agreement free of charge. The entrepreneur will at all times try to deliver the product. If the shipment takes place outside Europe, there are no additional delivery guarantees. If possible, the product will be offered and/or delivered again.
4. After termination in accordance with the previous paragraph, the entrepreneur shall immediately repay the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise agreed otherwise.
ARTICLE 14 – DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
Termination:
1. The consumer may contract for an indefinite period and that extends to the regular delivery of products or services, at any time, subject to the agreed termination rules and a termination rules and a notice of up to one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products or services at all times by the end of the fixed term in compliance with the termination rules and a period of notice not exceeding one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs at all times and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same manner as they were concluded by him;
always terminate them with the same period of notice as that stipulated by the entrepreneur for himself.
Renewal:
4. An agreement which has been entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a limited period.
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6. A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice not exceeding one month.
7. An agreement of limited duration for the regular delivery, by way of introduction, of daily of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be not tacitly continued and ends automatically after at the end of the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may after one year, at any time after one year terminate the agreement with a notice of up to one month, unless the reasonableness and fairness resisting the termination month, unless the reasonableness and fairness resisting the termination before the end of the agreed duration.
ARTICLE 15 – PAYMENT
1. Insofar as not determined otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer should be paid after the conclusion of the agreement. In case of a contract to provide a service,
this term starts on the day after the consumer has received the confirmation of the agreement.
2. ——————– Empty
3. The consumer has the duty to report any inaccuracies in payment data provided or mentioned to the entrepreneur without delay.
4. If the consumer does not timely comply with his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has consumer a period of 14 days to meet his payment obligations, after the
obligations, after failing to pay within this 14-day period, on the days, the statutory interest is owed on the amount owing and the entrepreneur is.
The entrepreneur has the right to charge the extrajudicial collection costs. These collection costs amount to a maximum of: 15% over the outstanding amounts up to € 2,500; 10% over the following € 2,500
and 5% over the next € 5,000, with a minimum of € 40. The proprietor may depart from the aforementioned amounts and percentages in favour of the consumer.
The proprietor can deviate from the amounts and percentages referred to for the benefit of the consumer.
ARTICLE 16 – COMPLAINTS PROCEDURE
1. The entrepreneur shall have a sufficiently notified complaints procedure and shall / will deal with the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time after the consumer has found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days after the date of receipt. If a complaint requires a foreseeably
longer processing time, the entrepreneur shall reply within the period of 14 days with a a message of receipt and an indication of when the consumer can expect a more can expect a more detailed answer.
4. A complaint about a product, a service or the entrepreneur’s service can also be submitted via a complaints form on the contact page of the website of https://www.blaisepascalmagazine.eu/complaints/ or send an email with that complaint to office@blaisepascal.eu
5. The consumer should give the entrepreneur at least four weeks to solve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 17 – DISPUTES
1. On contracts between the entrepreneur and the consumer to which these general terms and conditions are subject to Dutch law only.
2. Disputes between the consumer and the entrepreneur about the establishment or implementation
Disputes between the consumer and the entrepreneur about the conclusion or execution of contracts related to products and services to be delivered Products and services to be supplied or delivered by this entrepreneur, can, subject to the following
Subject to what is stipulated below, both the consumer and the entrepreneur can submit the case to: office@blaisepascal.eu
ARTICLE 18 – ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions that deviate from these general terms and conditions, may not be to the consumer’s detriment and should be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a stored on a durable data carrier. 150922