TERMS AND CONDITIONS
Terms and Conditions Dealconomy bv
Chapter 1. General provisions
Article 1. Definitions
In these general terms and conditions and the provisions based on them, the following definitions apply:
a) reflection period: the period within which the customer can make use of his right of cancellation;
b) customer: the buyer, a natural person who does not act in the exercise of profession or business;
c) customer purchase: the purchase with regard to a movable property, including electricity, which is concluded by a vendor who acts in the exercise of a profession or business and a buyer, a natural person, who does not act in the exercise of a profession or company;
d) day: calendar day
e) duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
(f) durable medium: any device that enables the customer or trader to store personal information addressed to him in a way that makes this information accessible for future use during a period adapted to the purpose for which the information is intended, and which allows an unchanged representation of the stored information;
g) entrepreneur: the natural or legal person acting in the course of his trade, business, craft or profession, whether or not through another person acting on his behalf or for his account;
h) unequivocal statement: a statement of a customer to the entrepreneur that is only open to one interpretation. The statement contains at least:
i) name of the customer;
ii) (invoice) address;
III) postal code;
IV) place of residence;
V) telephone number;
VI) e-mail address;
VII) order number;
VIII) product covered by the declaration.
(i) distance contract: The agreement concluded between the trader and the customer within the framework of an organised distance selling or servicing system without simultaneous personal presence of the trader and customer and using only one or more means of distance communication, up to and including the moment of conclusion of the Agreement;
Article 2. The entrepreneur
Entrepreneur: Click2deal BV
Part of: Dealconomy BV
Located at: Lemelerbergweg 62
1101 AW Amsterdam
Commercial Register: 69758743
VAT identification Number: NL 857999771B01
Bank Account Number: NL81ABNA0254372872
E-mail address: [email protected]
Article 3. The Enterprise
1) These general terms and conditions apply to any website affiliated with Dealconomy BV.
2) The following websites are covered by Dealconomy BV:
a) dealdigger.nl;
b) slimmedealtjes.nl;
c) aanbiedingenclub.nl;
d) ichica.nl;
e) watch2day.nl;
f) befit2day.nl;
g) gorillasports.nl;
h) click2deal.nl;
i) findaily.nl;
j) ikukoo.nl.
Article 4. Applicability
1) These general terms and conditions apply to any offer by the trader and to any supported agreement between the trader and the customer.
2) Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the customer. If this is not reasonably possible before the distance contract is concluded, it will be communicated that the general terms and conditions are to be seen by the trader and are provided at the request of the customer, 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 may be made available to the customer by electronic means in such a way that it can be easily stored by the customer on a durable data medium. If this is not reasonably possible before the distance contract is concluded, it will be indicated where the general conditions may be obtained by electronic means and, at the request of the customer, be sent free of charge by electronic means or otherwise.
4) The general terms and conditions may be consulted at any time on the entrepreneur's websites.
5) In the event that specific product or service conditions are also applicable in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the customer may, in the event of conflicting terms and conditions, rely on the applicable provision that is most favourable to him.
Article 5. Additional or different provisions
Additional provisions or derogations from these general terms and conditions may not be detrimental to the customer and must be recorded in writing or in such a way that they may be stored in an easy manner on a durable data medium by the customer.
Chapter 2. The agreement
Article 6. Price
1) During the period of validity indicated in the offer, the prices of the products and/or services offered are not increased, subject to price fluctuations due to changes in VAT rates or manifest errors.
2) Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market on which the trader has no influence, with variable prices. This bonding to fluctuations and the fact that any prices quoted are indicative prices are communicated in the offer.
3) Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4) Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a) They are the result of statutory regulations or provisions; or
(b) The customer has the power to terminate the contract effective from the day on which the price increase comes into being.
5. The prices quoted in the offer of products or services include VAT.
Article 7. Offer
1) The offer contains a complete and accurate description of the goods and/or services provided. The description is sufficiently detailed to allow a good assessment of the offer by the customer.
2) If the entrepreneur uses images, these are a truthful representation of the goods and/or services offered.
3) before the customer is bound by a distance contract or an offer to that end, the trader shall provide the customer with the following information in a clear and comprehensible manner, where applicable to that offer:
a) the total price of the case, including all taxes;
b) where appropriate, any additional freight, delivery or postal charges and any other costs or, if these costs cannot reasonably be calculated in advance, the fact that such costs may be payable;
c) the way in which the agreement is established and what actions are necessary;
d) whether or not the right of termination is applicable;
e) the method of payment, delivery, execution, the period within which the trader undertakes to supply the goods or to provide the services and, where applicable, the entrepreneur's complaints policy;
f) the time limit for acceptance of the offer or the period within which the trader guarantees the price;
g) the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular base rate for the means of communication used;
h) whether the agreement is archived after the creation and, if so, how it can be consulted by the customer;
i) the way in which the customer, before concluding the contract, can check the information provided by him under the agreement and, if desired, restore it;
j) any other languages in which, in addition to Dutch, the agreement may be concluded;
k) the codes of conduct to which the trader is subject and the way in which the customer can consult these codes by electronic means;
l) the minimum duration of the distance contract in the event of a transaction of extended duration; and
m) if an offer has a limited period of validity or is subject to conditions, the external validity period or the express conditions under which the offer can be accepted.
4) Manifest errors in the offer, including obvious deregistrations, do not bind the trader. Expressly mentioned herein are errors in the offer advertised elsewhere than on the website of the entrepreneur, where the information on the site of the entrepreneur is considered guiding at all times. A manifest error is understood to encompass such a low offer that the customer knew or reasonably should have known that it was a manifest deregistration in the offer.
5) In the event that the customer has entered an offer with a manifest or manifest error, the customer shall be informed immediately of the apparent error by email. The email shall also set a time limit within which the customer is offered the opportunity to enter the right offer.
Article 8. Convention
1) The Agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the customer and the fulfilment of the conditions laid down.
2) If the customer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the customer can rescind the agreement.
3) If the contract is made by electronic means, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the customer can pay electronically, the trader will take appropriate safety measures to that end.
4) If, after the conclusion of the agreement, circumstances appear in which the trader has become acquainted with the situation and has good reasons to fear that the customer does not comply with the obligation of payment, the trader may fulfil its part of the agreement, dissolve the agreement or attach special conditions to the implementation of the agreement.
5) The trader shall forward to the customer the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data medium, with:
a) the visiting address of the establishment of the trader to which the customer can go with complaints;
b) the conditions under which and the manner in which the customer can make use of the right to terminate the agreement or a clear notification of the exclusion of the right of termination;
c) the information on warranties and existing aftersales service;
d) the information contained in article 7 (3) of these conditions, unless the trader has already supplied the information to the customer before the implementation of the contract;
e) the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
Article 9. Transactions of extended duration
1) The customer may at any time terminate an agreement concluded for an indefinite period of time, which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period not exceeding one month.
2) The customer may terminate a contract entered into for a fixed period of time, which extends to the regular delivery of products (including electricity) or services at any time by the end of the given duration, taking into account the agreed termination rules and a notice period not exceeding one month.
3) In regard to the agreements referred to in the preceding paragraphs, the customer may:
a) terminate at any time and not be restricted to termination at a certain time or in a given period;
b) at least denounce it in the same manner as they have entered into the contact;
c) always terminate with the same notice period as the trader has stipulated for himself.
4) A contract entered into for a fixed period of time, which extends to the regular delivery of products (including electricity) or services, shall not be tacitly renewed or renewed for a specified duration of time.
5) By way of derogation from the preceding paragraph, a contract which has been entered into for a fixed period of time and which extends to the regular delivery of daily news and weekly newspapers and periodicals, may be tacitly renewed for a period of up to three months, if the customer may terminate this extended agreement by the end of the renewal with a notice period not exceeding one month.
6) A contract entered into for a fixed period of time, which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period of time if the customer is entitled to terminate it at all times with a notice period not exceeding one month and a notice period of not more than three months in case the agreement extends to the regular, but less than once-monthly delivery of daily newspapers, magazines and journals.
7) A limited-duration agreement to provide regular information through daily news and weekly newspapers and periodicals (trial or introductory subscriptions) is not tacitly continued and automatically terminates after the trial or introductory period has ended.
8) If an agreement has a duration of more than one year, the customer may, after one year, terminate the agreement at any time by a period of notice not exceeding one month, unless the reasonableness and fairness are against termination before the end of the agreed duration.
9) In case of an duration transaction, article 8 paragraph 5 of these conditions shall apply mutatis mutandis. The provision applies only to the first delivery.
Chapter 3. Implementation of the agreement
Article 10. Delivery
1) The entrepreneur observes the utmost care in the execution of orders and in assessing applications for the provision of services. If a product is delivered tot he customer damaged, defective or incomplete or the wrong product has been delivered, this may be reported to the entrepreneur within 3 working days after delivery of the product via the standard form on the website or, in an, unambiguous manner, taking into account the provisions laid down in article (1) under (h) of these conditions.
2) Taking into account what is stated in article 7 of these conditions, the entrepreneur carries out accepted orders with competent urgency but not later than 30 days after the order has been accepted, unless a longer delivery period has been agreed upon.
3) If the delivery is delayed, or if an order cannot be executed or only partially carried out, the customer will receive a notice at the latest 30 days after the order has been placed. In that case, the customer has the right to terminate the agreement free of charge and the right to compensation.
4) Products are delivered to the address provided by the customer to the entrepreneur. If the address does not appear to be correct and/or the product is returned, no further action will be taken by the entrepreneur.
5) Products which have not been claimed by customers within two months or of which the customer has not been taken possession within that period will be transferred to the possession of the entrepreneur.
6) If the customer has indicated that he wants to claim a returned product, any costs incurred for shipping will be charged to the customer.
7. The product shall be returned to the customer upon receipt of the shipping costs. The return is treated in the same way as the first shipment. The other provisions of this article shall apply mutatis mutandis to the return of the product.
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Article 11. Payment
1) Payment is possible through the payment methods offered by the entrepreneur.
2) Unless otherwise agreed upon, the amounts payable by the customer must be paid within 14 days after the date of the reflection period referred to in article 17 paragraph 1 of these conditions. In the event of an agreement to provide a service, this period shall commence after the customer has received the confirmation of the agreement.
3) In the sale of products to customers, in general terms and conditions, a prepayment of more than 50% may never be stipulated. Where advance payment is stipulated, the customer shall not be entitled to assert any right in respect of the execution of the order or service(s) in question before the stipulated advance payment has been made.
4) The customer has a duty to notify the entrepreneur without delay of any inaccuracies in the payment information provided or stated.
5) In the event of default of the customer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs incurred in advance to the customer.
Article 12. Store credit
1) Store credit is valid until the time limit laid down in the offer of the shop credit.
2) If no time limit has been set in the offer of the shop credit, the shop credit is valid for 5 years.
3) The term of the shop credit begins on the day following the day on which the shop credit was sent.
Chapter 4. Compliance and warranty
Article 13. Compliance
1) The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur will also ensure that the product is suitable for other than normal use.
2. In any event, a product does not comply with the agreement if, in light of the nature of the product and the communications made by the entrepreneur about the product, it does not possess the properties which the customer may have expected under the agreement.
3) The customer cannot rely on the fact that a case does not comply with the contract if it was known or could reasonably have been known at the time of the conclusion of the agreement, in particular with regard to the provisions of article 14 of these conditions.
4) A warranty provided by the entrepreneur, manufacturer or importer does not diminish the legal rights and claims that the customer can assert against the entrepreneur under the agreement.
Article 14. Special conformance provisions
1) In addition to new products, the entrepreneur also offers refurbished products for sale.
2) Items covered by the term refurbished products include:
a) returns from a previous sale to a customer;
b) items sourced from a large seller return;
c) items used as show models; or
d) items used for product photos.
3) Refurbished products are at all times tested, where necessary cleaned, assessed and re-packaged, possibly in a neutral packaging.
4) Because refurbished products have been packaged, they may exhibit some traces of use. Use marks are understood to mean light scratches, imperfections and small optical imperfections of the product. The display of use marks is not a reason to believe that a product does not comply with the requirements of conformity, as referred to in article 13 of these conditions.
5) If the offer is a refurbished product, the entrepreneur shall always mention it.
6) On a refurbished product, the provisions of the right of termination shall apply mutatis mutandis, unless the entrepreneur has expressly deviated from those provisions in the offer.
Article 15. Warranty
1) The entrepreneur provides a two-year warranty, unless explicitly stated in the offer or the warranty period is unreasonable in view of the nature of the product.
2) In the case of refurbished products, the entrepreneur applies a warranty period of 12 months, unless explicitly agreed otherwise.
3) The warranty does not apply if the defect is due to:
a) customer carelessness;
b improper use of the product;
c) user damage;
d) intentional damage; or
e) neglected care of the product.
4) The right to warranty expires if the customer has carried out repairs to the product or has had these performed by a third party not engaged by the entrepreneur. Any repair costs incurred for the repair by an external third party that has not been engaged by the entrepreneur shall not be reimbursed unless explicitly agreed otherwise.
5) The entrepreneur assumes that a product was unsound when the customer bought the product, if the defect reveals itself within six months of the purchase, unless the nature of the product opposes it.
6. The customer must, within two months after the defect has been noticed, notify the entrepreneur unambiguously in writing, taking into account what is stipulated in article 1 (h) of these conditions. In any event, unambiguously written means filling out the model form on the website of the entrepreneur.
7) If the defect is not reported to the entrepreneur within two months of the disclosure, the right to warranty shall be forfeited.
8) The entrepreneur will try to repair the product at any time. If repair is not reasonably possible, the entrepreneur will offer a replacement product. The customer is only entitled to a refund of the purchase amount if repair is not reasonably possible and no replacement product can be supplied.
9) Repair is free of charge if the defect has revealed itself within six months of purchase. Depending on the circumstances of the case, repair costs may be charged if the defect has been revealed after six months. The customer is informed at all times of the cost of repair before the entrepreneur proceeds to carry out the repair.
10) If the repair is not covered by the warranty, but it is reasonably possible to repair it, the repair can be carried out. The customer is informed by email of the possibility and the cost of repair. The repair shall be carried out if the customer has given his consent.
11) The entrepreneur will strive for a repair time of four to eight weeks. If the entrepreneur is dependent on third-party services or parts delivery by engaged third parties, the entrepreneur strives for a repair time of up to three or four months.
12) No rescission can be made because of an unexpectedly long lead time of the repair, even if the repair time lasts longer than the target period.
13) In case a repair is carried out, the warranty period will be suspended for the period of time during which the product is being repaired
Article 16 Special warranty conditions for watches
Chapter 5 Cancellation and disputes
Article 17 Right to cancel
Article 18 Exclusion of the right to cancel
Article 19 Costs in case of cancellation
Article 20 Complaints procedure
Article 21 Adjustment of the General Terms and Conditions
Article 22 Disputes
PRIVACY STATEMENT
Dealconomy bv
Privacy statement
Click2Deal respects your privacy and will make every effort to handle your personal data correctly. Personal data is always only stored, if you purchase a product through www.click2deal.nl or if you have given your explicit consent for this. Personal data is stored by:
Entrepreneur: Click2deal bv
Part of: Dealconomy bv
Address: Lemelerbergweg 62
Postal code + place of residence 1101 AW Amsterdam
E-mail: [email protected]
Chamber of Commerce no.: 69758743
Clock2deal bv is responsible for the compliance with the General Data Protection Regulation (GDPR), conducting the customer administration and the administration for analysis and marketing purposes. Click2deal is the controller within the meaning of the GDPR. Click2deal is the controller for all data that is processed on behalf of Click2deal, including www.click2deal.nl.
Click2deal collects and processes personal data for the customer administration, the execution of the agreement, the collection of payments, the customer service, the website, personal marketing and to comply with legal obligations.
The personal data stored by Click2deal is mainly used to execute the agreement between consumer and Click2deal.nl. Without the provision of this data, Click2deal is unable to execute the agreement.
Click2deal will handle your personal data with the utmost care and will make every effort to store your data securely. Any data breaches will always be reported to the Dutch Personal Data Authority and to the data subjects whose personal data may have been compromised. In case of a data beach Click2deal will take appropriate measures to secure the reliability of the website.
If you believe that your personal data is used, obtained incorrectly or stored unjustified, and it is not possible for you to delete your data, despite repeated requests, you can always submit a complaint to the Dutch Personal Data Authority.
Click2deal stores the following personal data of you:
Personal data will not be stored any longer than is strictly necessary and you may always review, change or delete this. Review, change and delete (including the right to be forgotten) is possible through the concept form on the site and by means of the newsletter. If you have given us consent in any way, you may always withdraw this consent again.
Your personal data will in any case be deleted:
To ensure that the sale goes smoothly, Click2deal uses a number of third parties who may have access to your data. In any case they will store the data as long as this is necessary for the performance of their work. Under no circumstances will the personal data be used for other purposes than the work for Click2deal, unless you have given explicit consent for this. Processor’s agreements apply on all external transfers of personal data.
Click2deal uses an external fulfilment party to deliver the products. Personal data, necessary for sending products, will be provided to the fulfilment party. The fulfilment party uses sub-processors to send the products.
Click2deal uses external payment providers to collect the payments. Personal data, necessary for collecting the payments, is provided to the payment providers.
Click2deal uses an external E-mail Service Provider to send the newsletter. Personal data, necessary for sending the newsletter, will be provided to the E-mail Service Provider.
Click2deal engages external marketing parties for marketing purposes. Personal data, necessary for the marketing purposes, will be provided by the marketing parties. Marketing parties will only send personal data after explicit consent of the data subject in combination with the opt-in and timestamp at the time of the processing.
Click2deal is free to create a blacklist regarding personal data of people who have seriously shunned the trust of Click2deal. The blacklist is stored for an indefinite period and only a very limited group of Click2deal bv employees can review this. The blacklist will in any case include people who:
Cookie policy
The Dealconomy bv websites use cookies and similar technologies (hereinafter: Cookies). These collect, store and/or share (personal) data through your browser to be able to remember your preferences and to recognise users when they next visit the website. Cookies also enable Dealconomy bv to collect information about the use of the services of Dealconomy bv, to optimise these and to adjust these to the user’s wishes.
Disabling Cookies
Most browsers are set to accept cookies by default. However, you can reset your browser so you will not receive any cookies. This may result in the fact that you are no longer able to (partially) use certain services of Dealconomy bv.
Third party Cookies
Third party cookies are also placed through the platforms of Dealconomy. In this case the cookie policy of this third party will be applicable on the use of these cookies.
Functional Cookies
Dealconomy bv uses so-called session cookies and session storage on this website. Session cookies are functional cookies, intended to make the website function properly. It is not required to first ask the internet user for permission to use session cookies. Every time you visit the website these cookies will contain another temporary number. These functional cookies will be removed after you close your browser.
By using Functional Cookies, Dealconomy ensures that the website is functioning properly. This entails for example:
In addition, Dealconomy bv uses cookies that require your consent in advance. It is possible to set your browser as such that cookies are handled in a certain way. For example, it is possible not to accept cookies or only accept cookies from the website that you visit and not from other domains. This may have possible consequences for the user options or user experience of the website. If you have any questions about cookies please contact Dealconomy bv.
Marketing Cookies
Marketing Cookies from Dealconomy and third parties are placed on the website of Dealconomy bv. The Marketing Cookies from Dealconomy bv are also placed on the website of third parties. The information from the Marketing Cookies may be combined and make it possible for:
The following third parties place cookies of the website of Dealconomy bv:
⦁ Awin
⦁ Bing ads
⦁ Digital Window
⦁ Doubleclick
⦁ Freshdesk
⦁ Google Analytics
⦁ Google Tag Manager
⦁ Hotjar
⦁ Pingdom
⦁ Visual Website Optimizer
⦁ Wiqhit
⦁ Analytische / Statistiek Cookies
Dealconomy bv uses analytical cookies with the help of third parties to investigate the use of the Dealconomy website and to optimise this accordingly. These statistics are for example used to investigate how often you visit the Dealconomy bv website. Examples of Analytical Cookies that are stored by Dealconomy are: