Dealer’s Cup®; registered in the trade register under number DE123829450, at In den Kämpen 14, 48599 Gronau, Germany.

VAT nr: 46/234/10209

Definition

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 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Articele 16 – Amendments

Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
1.     Grace period: The period within which the consumer can make use of his right of withdrawal;
2.    Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3.    Day: calendar day;
4.    Duration transaction: a distance contract relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
5.    Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
6.    Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7.    Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to use his right of withdrawal.
8.    Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
9.    Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10.    Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time
11.    General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
Dealer’s Cup® (M. Winking-Egbert);
In den Kämpen 14, 48599 Gronau, Germany;
Phone: 0049 2565 967135 (bereikbaar op: ma-vr: 10:00u – 17:00u)
E-mail: info [at] dealers-cup.com
Chamber of Commerce: DE123829450
VAT nr: 46/234/10209

Article 3 – Applicability 
o These general conditions apply to every offer from the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
o Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the operator and that they will be sent free of charge to the consumer as soon as possible at his request.
o 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 conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in some other way.
o In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
o If one or more provisions in these general conditions at any time are wholly or partially invalid or annulled, then the remainder of the contract and these conditions will remain in effect and the provision in question will be replaced immediately in mutual consultation by a provision that approaches the scope of the original provision as closely as possible.
o Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
o Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The offer
o If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
o The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
o The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images these are a true reflection of the products and / or services. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
All images, specifications and information in the offer are indicative and may not lead to compensation or dissolution of the contract.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
o Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o any costs of shipment;
o the way in which the agreement will be concluded and which actions are required for this;
o whether or not the right of withdrawal is applicable;
o the method of payment, delivery and implementation of the agreement;
o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the size of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
o whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
o the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
1. any other languages in which, besides Dutch, the contract can be concluded;
1. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
1. the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The agreement
1.    The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
2.    If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3.    If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4.    The entrepreneur may – within legal limits – obtain information about the consumer’s ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5.    The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6.    In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
7.    Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal
On delivery of products:
1.    When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons during 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
2.    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 judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
3.    When the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has made known to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of sending.
4.    If, at the end of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In case of delivery of services:
5.    When services are supplied, the consumer has the possibility of dissolving the contract, without giving reasons, during at least 14 days, starting on the day of entering into the contract.
6.    To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.

Article 7 – Costs in case of withdrawal 
1.    If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of return shipment.
2.    If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
o Exclusion of the right of withdrawal is only possible for products
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. audio and video recordings and computer software of which the consumer has broken the seal
h. for hygienic products of which the consumer has broken the seal.
o Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.

Article 9 – The price
o During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
o Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
o The prices mentioned in the offer of products or services include VAT.
All prices are subject to misprints and printing errors. For the consequences of misprints no liability is accepted. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Compliance and Warranty
o The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
o A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
o Any defects or wrongly delivered products should be reported in writing to the entrepreneur within 4 weeks after delivery. Returning the products must be done in the original packaging and in new condition.
o The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
o The warranty does not apply if:
1.    The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
1.    The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and / or on the packaging;
1.    The inadequacy in whole or in part is the result of regulations that the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 – Delivery and implementation
o The entrepreneur will take the greatest possible care in receiving and implementing orders of products and in assessing applications for the provision of services.
o The place of delivery is the address that the consumer has made known to the company.
3.    Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
4.    All delivery periods are indicative. The consumer may not derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
o In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the consumer with the amount paid as soon as possible, but at least within 14 days after dissolution.
o If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
o The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 12 – Duration transactions: duration, termination and renewal
Termination
o The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
o The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
o The consumer can the agreements mentioned in the previous paragraphs:
1. terminate at all times and not be limited to termination at a specific time or in a specific period;
1. at least cancel in the same way as they were entered into by him;
1. always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Renewal
o A contract for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a definite period.
o Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate this renewed contract towards the end of the renewal with a period of notice that does not exceed one month.
o A contract for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is to regularly deliver daily, news and weekly newspapers and magazines.
o A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
o If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

Article 13 – Payment
1.    As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
2.    The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
3.    In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure
1.    The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2.    Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
3.    Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4.    If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5.    In case of complaints, a consumer should first turn to the entrepreneur. If there is still no solution, the consumer has the possibility of his complaint by Stichting GeschilOnline (www.geschilonline.com) to deal with, the decision is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6.    A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7.    If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
1.    On agreements between the entrepreneur and the consumer to which these general conditions apply, only German law. Even if the consumer lives abroad.
2.    The Vienna Sales Convention does not apply.

Article 16: Changes

1. These General Terms and Conditions may be amended by the Seller, but such amendments shall not apply to the Buyer until the Buyer has been notified of such amendments.

Last update: May 24th, 2021