General terms and conditions for delivery of products, digital content and / or services:
These general terms and conditions also relate to the delivery of the production goods to the participants in the projects but are not limited to this goal alone.
- 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 – Obligation of the consumer during the cooling-off period
- Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
- Article 9 – Obligation of the entrepreneur in case of withdrawal
- Article 10 – Exclusion of the right of withdrawal
- Article 11 – The price
- Article 12 – Compliance and extra guarantee
- Article 13 – Delivery and implementation
- Article 14 – Duration of transactions: duration, cancellation and extension
- Article 15 – Payment
- Article 16 – Complaints procedure
- Article 17 – Disputes
- Article 18 – Additional or different provisions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activities;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and / or services, up to and including concluding the agreement exclusive or co-use is made of one or more techniques for distance communication;
- Duration agreement: an agreement that extends to the regular delivery of goods, digital content and / or services during a certain period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services at a distance, in this T. Emas Cemerlang Bersama;
- Right of withdrawal: the ability of the consumer to cancel the distance agreement within the cooling-off period;
- Supplementary (purchase) agreement: an agreement whereby the consumer acquires products, digital content and /or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between those third parties and the entrepreneur;
- Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is coordinated on the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
- Technology for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having to come together in the same room at the same time;
- Withdrawal period: the period within which the consumer can make use of his/her right of withdrawal;
- Year: calendar year that starts on January 1 and ends on December 31 of the same year.
Article 2 - Identity of the entrepreneur
Name of entrepreneur: P.T. Emas Cemerlang Bersama
Address: Axa Tower Lt. 45, Jalan Prof. dr. Dr. Satrio 18
Karet Kuningan, Setiabudi,
12940, JAKARTA SELATAN,
Postal address, also for returns:
Address: Menakan, RT / RW 001/004, Jebugan
Postal code: 57433
Municipality: KLATEN UTARA
Province: JAWA TENGAH
Access: Monday to Saturday (Sunday by appointment only) 8 a.m. to 9 p.m. (UTC +7) (Central European Time summertime +5 hours, wintertime +6 hours)
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer;
- Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and will be sent as soon as possible at the request of the consumer;
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier (Pdf-file). If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be read electronically and that at the request of the consumer electronically or by other means, will be forwarded in a manner;
- In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and in the event of conflicting conditions the consumer can always invoke the applicable provision that applies to is most favorable to him/her if this does not affect the objective of the product.
Article 4 - The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer;
- 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 errors in the offer do not bind the entrepreneur;
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions;
- 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 terminate the agreement;
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this;
- The entrepreneur can – within the law – inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation;
- The entrepreneur will send the following information to the consumer at the latest on 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:
- the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- 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 implementation of the distance agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can dissolve an agreement regarding the delivery of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige this to state his reason (s);
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times;
- 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 part;
- for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For the delivery of services and digital content that is not supplied on a tangible medium:
- The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige this to state his reason (s);
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Article 7 - Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store;
- The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1;
- The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner;
- As soon as possible, but within the period stated in Article 6, from the day following the notification referred to in paragraph 1, the consumer sends the product back or hands it to (an agent 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;
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur;
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer;
- 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 to bear the costs himself, the consumer does not have to bear the costs for return;
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a material carrier, if:
- prior to its delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receiving this notification;
- The entrepreneur reimburses all payments from the consumer, excluding 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 cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier;
- The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Service contracts, after full performance of the service, but only if:
- the implementation has begun with the express prior consent of the consumer; and
- the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement.
- Products manufactured according to specifications of the consumer, which are not prefabricated, and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- The delivery of digital content other than on a material medium, but only if:
- the implementation has begun with the express prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
- During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates;
- Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer;
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions;
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the range of products or services include VAT.
Article 12 - Compliance with agreement and extra guarantee
- The entrepreneur 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 existing on the date of the conclusion of the agreement provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use;
- An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement;
- An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his obligations as part of the agreement.
Article 13 - Delivery and implementation
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services;
- The place of delivery is the address that the consumer has made known to the entrepreneur;
- Taking into account what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation;
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid;
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
- The consumer can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of at most one month;
- The consumer can at all times cancel a contract that has been entered into for a definite period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a cancellation period of at most one month;
- The consumer can the agreements mentioned in the previous paragraphs:
- cancel at any time and are not limited to cancellation at a specific time or in a specific period;
- cancel at least in the same way as they are entered into by him;
- always cancel with the same cancellation period as the entrepreneur has stipulated for himself.
- An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a specific duration;
- An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of one month at most.
Article 15 - Payment
- Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection 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;
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made;
- The consumer is obliged to immediately report inaccuracies in payment data provided or stated to the entrepreneur;
- If the consumer does not meet his payment obligation(s) in time, is the consumer, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligation, after the payment has not been made within this 14-day period, the statutory interest on the amount still owed and the entrepreneur 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 €2.500,00; 10% over the following €2.500,00 and 5% over the following €5.000,00 with a minimum of €40,00. The entrepreneur can, for the benefit of the consumer, deviate from the stated amounts and percentages.
Article 16 - Complaints
- The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure;
- Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, after the consumer has found the defects;
- Complaints submitted to the entrepreneur will be answered within a period of 14 days 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;
- The consumer must at least give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
Article 17 - Disputes
- European law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply;
- Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be supplied by this entrepreneur can, subject to the provisions below, be submitted to https://ec.europa.eu/consumers/odr by both the consumer and the entrepreneur;
- A dispute will only be processed by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time;
- If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Commission at the latest 12 months after the date on which the consumer submitted the complaint to the entrepreneur;
- If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur;
- If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must, within five weeks of a request made in writing by the entrepreneur, state in writing whether he also wishes this or wants the dispute dealt with by the competent authority judge. If the entrepreneur does not hear of the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court;
- The Disputes Committee will not deal with a dispute or cease the treatment if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final judgment has been given.
Article 18 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the consumer.