AlarmSecur.com Terms and Conditions, Valid from December 20, 2014
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following is understood as:
- Entrepreneur: the general or legally authorised person who offers products and/or services to consumers from a distance;
- Consumer: the person who does not operate in a professional role or as a part of a company and who engages into an agreement with the entrepreneur from a distance;
- Distance agreement: an agreement where an entrepreneur offers certain products and/or services from a distance through a organized system, this includes all communication techniques that are used to make the distance agreement;
- Technique for communication from a distance: measure or tool used to make an agreement, without the consumer and entrepreneur being present in the same room;
- Cancellation period: the amount of time that the consumer can use his right to return and/or cancel a product and/or service;
- Right to cancel: an option the consumer has to cancel a made agreement;
- Day: calendar day;
- Handling time: a distance agreement concerning a series of products and/or services of which the delivery time and/or take over time is spread over a certain period of time;
- Reliable storage: every tool that the consumer or entrepreneur uses to store information that is directed to him or her personally, which makes future consulting and unaltered reproduction of the stored information possible.
Article 2 – Identity of the entrepreneur
Naark Holding B.V. (AlarmSecur.com is a trade name of Besparen B.V.)
Telephone: 010-5300001 from 09.00 until 17.00 hours on weekdays
Dutch trade registry number: 53731387
Article 3 – Applicability
- These general terms and conditions are valid for every offer made by the entrepreneur and every distance agreement between entrepreneur and consumer.
- The text of these general terms and conditions are made available to the consumer before the distance agreement is made. If this is not possible due to circumstances, the consumer will informed that the general terms and conditions can be accessed through the entrepreneur before the agreement is made. The general terms and conditions will be send to the consumer as soon as possible and free of charge.
- If the distance agreement is made electronically, there can be a slight adjustment in the previous part before the agreement is made. The text of the general terms and conditions will be send to the consumer electronically in such a way so it can be stored easily by the consumer on a reliable storage medium. If this is not possible due to circumstances, the consumer will be informed on how to access the general terms and conditions before the agreement is made, including the fact that this information can be send to the consumer electronically free of charge.
- If specific product or service conditions also apply, the second and third part will also be valid and the consumer will always be able to contest contradictory general conditions for the applicable terms that are most beneficial to him.
Article 4 – The offer
- If an offer is only valid for a limited period of time, or is only valid under certain conditions, this will be mentioned explicitly in the offer.
- The offer contains a full and detailed description of the offered products and/or services. The description is detailed enough to ensure that the consumer can evaluate the offer properly. If the entrepreneur uses images, they will be a true representation of the offered products and/or services. Any errors or mistakes in the offer are not binding for the entrepreneur.
- Every offer contains sufficient information to ensure that the consumer knows what his rights and obligations are, which will be connected to the acceptance of the offer. This contains:
- the price including taxes;
- any applicable costs for delivery;
- how the agreement will be made and the actions that will be needed;
- stating if the right of withdrawal is applicable or not;
- the payment method, delivery or execution of the agreement;
- the terms to accept the offer and to pay the corresponding price;
- the costs for distance communication, if the costs for using the concerning communication technique are calculated from a distance based on a different basic rate;
- if the agreement is archived after the agreement has been made, there will be information stating how the consumer can consult these documents;
- how the consumer can enter the agreement, including a description actions that do not comply with the terms and conditions and information how he can adjust these before the agreement is made;
- any languages, except for Dutch, that the agreement can be made in;
- the behavioural codes that the entrepreneur is subject to and guidelines on how the consumer can access these behavioural codes electronically; and
- the minimum duration of the distance agreement which can cover continuous or periodical delivery of products or services.
Article 5 – The agreement
- The agreement is made when the offer is accepted by the consumer and when everyone complies with the accompanying conditions, not taking into account the stated in part 4.
- If the consumer has accepted the distance offer electronically, the entrepreneur will confirm receiving the acceptance confirmation of the offer electronically. As long as this acceptance confirmation is not received, the consumer can still cancel the agreement.
- If the agreement is made electronically, the entrepreneur will take the appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate measures for payment security.
- The entrepreneur has the right to check if the consumer can comply with payment obligations within the legal framework. The entrepreneur can also check all the facts and factors that are important for distance agreements. If the entrepreneur has a decent basis to not make a distance agreement based on his findings, he has the right to refuse an order or request or can add special conditions to the agreement.
- The entrepreneur will provide the following information with the product or service to the consumer, this can be done in writing or in such a way that the consumer can easily access and store the information on a reliable storage medium, this includes:
- the visitation address for the headquarters of the entrepreneur where the consumer can go with complaints;
- the conditions and methods the consumer can use to cancel, except when it is clearly stated that the right to cancel cannot be called upon;
- the information on an existing after sales service and guarantees;
- the price including all taxes applicable on the product, service or digital content; for as far it is applicable, the costs for delivery; payment method, delivery or execution of the distance agreement;
- the requirements to cancel the agreement, if the agreement has a duration of more than one year or has an undetermined duration.
- if the consumer has a withdrawal right, the model form for cancellation.
- The conditions in the previous part will only be valid for the first delivery, if the consumer has taken on the obligation to receive a series of products or services.
Article 6 – Right to cancel
- The consumer has the right to cancel an agreement during a waiting period of minimum 14 days, relating to the purchase of a product, without an obligation to provide a reason for the cancellation. The entrepreneur can ask the consumer for a reason for the cancellation, but cannot obligate him or her to provide the reason(s)
- The waiting period mentioned in part one starts on the day the consumer received the product, or received by a third party who is not the transporter, or:
- If the consumer ordered multiple products in the same order: the day that the consumer or an appointed third party, received the last product. The entrepreneur has the right to refuse an order containing multiple products if he has informed the consumer sufficiently during the ordering process.
- When the delivery of a product consists of multiple shipments or parts: the day the consumer, or an appointed third party, received the last shipment or the last part of the shipment;
- For agreements relating to regular delivery of products during a certain period: the day the consumer, or an appointed third party, received the first product.
An extended waiting period for products, services and digital content, not delivered on a material storage medium when the right to cancel was not disclosed:
- If the entrepreneur has not disclosed the legally obligated right to cancel or the model form for cancellation, the waiting period will expire after twelve months after the end of the original waiting period, this in accordance with the previous regulations regarding the waiting period stated in this article.
- If the entrepreneur delivered the concerning information to the consumer within twelve months after the starting date of the original waiting period, as described in the previous parts, the waiting period of 14 days will end on the day the consumer received the information.
Article 7 – Obligations of the consumer during the waiting period
- The consumer will handle the product and the packaging carefully during the waiting period. He will only unpack and use the product to establish the nature, characteristics and operation of the product. The most important point is that the product can only be handled and inspected as someone would do in a store.
- The consumer is only responsible for a decrease in product value if it is caused by the way the product is handled, other than the described handling in part 1.
- The consumer is not responsible for a decrease in product value when the entrepreneur did not convey the right to cancel to the consumer when the agreement was made.
Article 8 – Exercising the right to cancel by the consumer and the costs of it
- If the consumer wishes to use his right to cancel, he needs to report this to the entrepreneur within the waiting period through the model form for cancellation or in another clear way.
- Preferably as soon as possible, but within 14 days after the day following on the notice mentioned in part 1, the consumer will send the product back or will hand it to the entrepreneur (or an authorized party). This is not necessary if the entrepreneur has offered to pick up the product himself. In any case, the consumer needs to take the return period into account and send the product back before the return period ends.
- The consumer will send the product back with all delivered accessories, if possible in its original state and packaging and according to the instructions that were provided by the entrepreneur in a clear and reasonable manner.
- The risk and burden of proof for a correct and timely execution of the return right is the responsibility of the consumer.
- The consumer is responsible for the return costs of the product. If the entrepreneur did not disclose that the consumer has to pay the return costs, or when the entrepeneur will pay for the return himself, the consumer will not need to pay the costs to return the product.
- If the consumer cancels an order, after requesting that the execution of the service that is not ready for sale, made in a limited volume or certain amount and happens within the waiting period, the consumer will owe the entrepreneur an amount that is equal to a part of that commitment that was met when the cancellation was made, compared to the full compliance of the agreement.
- The consumer is not responsible for the operational costs of a service that is not ready for sale and is only available in a limited volume or quantity, if:
- The entrepreneur did not disclose the legally obligated information for cancellation, cost compensation for cancellation or the model form to the entrepreneur, or:
- If the consumer did not request the execution of the service during the cancellation period.
- The consumer is not responsible for the costs of a full or part delivery of digital content that is not delivered by a material medium, if:
- He did not explicitly state to start complying with the agreement before the end of the cancellation period before the delivery;
- He did not disclose that the cancellation right will be lost when he gives his approval; or
- The entrepreneur did not confirm this statement with the consumer.
- If the consumer uses his cancellation right, all following agreements will be legally cancelled.
Article 9 – Obligations of the entrepreneur for cancellations
- When the entrepreneur facilitates the cancellation for the consumer electronically, he will send a receipt of this cancellation after receiving it.
- The entrepreneur will compensate all payments to the consumer, including delivery costs incurred by the entrepreneur for a returned product, this usually happens immediately and definitely within 14 days starting from the day the consumer reported the cancellation, except when the entrepreneur offers to collect the product himself. He can withhold compensation until he receives the product back or when the consumer can show that he send the product back, depending on which comes first.
- The entrepreneur can use the same payment method for return payments that was used by the consumer, except when the consumer agrees to a different method. The return payment is free for the consumer.
- When the consumer chooses a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not need to pay the additional costs for a more expensive delivery method.
Article 10 – Exclusion for cancellation
The entrepreneur can exclude the following product and services for cancellation, but only if the entrepreneur clearly mentions this on the offer and has mentioned it clearly before making the agreement:
- Products or services where the price is subject to fluctuations on the financial market out of the control of the entrepreneur and which can occur within the cancellation term;
- Agreements that were made during a public auction. A public auction is a sales method where products, digital content and/or services are offered by the entrepreneur to the consumer, who is present personally or gets the opportunity to be present in the auction personally, under the guidance of an auctioneer, where the winning bidder is obligated to take the products, digital content and/or services;
- Service agreements, after the full execution of the service, but only if:
- the execution has started with explicit previous confirmation from the consumer; and
- if the consumer declared that he will lose his right to cancel when the entrepreneur fully executed the agreement;
- According to specifications of manufactured products from the consumer, who were not prefabricated and manufactured based on an individual choice or decision of the consumer, or if they are clearly meant for a specific person;
- Sealed audio and video recordings and computer equipment, where the seal was broken after delivery;
- The delivery of digital content is different than on a material medium, but only if:
- the execution has started with explicit previous confirmation from the consumer; and
- If the consumer declared that he will lose his right to cancel with this.
Article 11 – The price
- Prices of offered products and/or services are not raised during the duration period mentioned in the offer, not taking into account price changes caused by changes in VAT tariffs.
- When there is a deviation from the rules stated in part 1, the entrepreneur can offer the products and services, where the prices are connected to fluctuations on the financial market that are out of the control of the entrepreneur, at variable prices. The connected fluctuations and the fact that the mentioned prices are guide prices, will be mentioned with the offer.
- Price changes that occur within three months of the creation of the agreement are only allowed if they are a consequence of legal rules and regulations.
- Price changes that occur within three months of the creation of the agreement are only allowed if the entrepreneur has clearly mentioned the following:
- that they are a consequence of legal rules and regulations; or
- That the consumer has the right to cancel the agreement on the day that the price is going up.
- The prices in the product or service offer include VAT.
Article 12 – Compliance and Guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable demands of reliability and/or usability and the date of the creation of the existing legal regulations and/or government regulations on the time of the agreement.
- A guarantee agreement made by the entrepreneur, manufacturer or importer does not nullify the rights and claims of the consumer in case of a disruption in compliance with the obligations of the entrepreneur that the entrepreneur can use on grounds of the law and/or distance agreement.
Article 13 – Delivery and execution
- The entrepreneur will take special care when receiving and executing orders for products and during the evaluation of requests for services.
- The valid delivery address is the address provided to the company by the consumer.
- Taking into account that what was mentioned in article 4 of these general terms and conditions, the company will execute accepted orders as quickly as possible and definitely within 30 days, except when a longer delivery time is agreed upon. If the delivery is delayed, or if a delivery cannot or can only be partly executed, the consumer will receive a message concerning this matter one month after he placed the order. In this case, the consumer has the right to cancel the agreement and can possibly claim some compensation.
- If cancellation occurs according to the previous part, the entrepreneur will refund the amount that the consumer paid as soon as possible, definitely within 30 days after cancellation.
- If the delivery of an ordered product seem impossible, the entrepreneur will make every effort to provide a replacement. The replacement of the product will be mentioned explicitly and clearly upon delivery. The right to cancel cannot be ruled out for replacement items. The costs of return shipments will be charged to the entrepreneur.
- The risk of damage and/or missing products falls on the entrepreneur until delivery to the consumer or a on a representative appointed by the entrepreneur, unless stated otherwise.
Article 14 -Duration transactions: duration, cancellation and extension
- The consumer can cancel an agreement that was made for an undetermined period of time and that applies until the delivery of the product or services at any given time, taking into account the agreed cancellation regulations and a cancellation term of at least one month.
- The consumer can cancel an agreement that was made for a determined period of time and that applies until the delivery of the product or services at any given time until the end of the determined duration, taking into account the agreed cancellation regulations and a cancellation term of at least one month.
- The consumer has the right to do the following with the previously mentioned agreements:
- cancel at any time and is not limited to cancel at any given time or during a specific period;
- at least cancel in the same manner as the agreement was made;
- always cancel with the same cancellation period the entrepreneur has set for himself.
- An agreement made for a determined period of time until the arranged delivery of products and services, which cannot be extended or renewed for a certain period of time without notice.
- An agreement made for a certain period of time, until the delivery of products or services, can only extend for an undetermined time if the consumer can cancel at any given time with a cancellation period of maximum one month.
- When the agreement has a duration of more than one year, the consumer can cancel the agreement at any given point during the month after the duration of one year, unless reason and equity cause to cancel before the end of the agreed duration.
- The contract agreement of the products related to the service, which requires a monthly contribution, is entered with Besparen B.V., Dutch trade registry number: 52068773.
Article 15 – Payment
- Unless agreed otherwise, the amounts owed by the consumer need to be paid within fourteen days after the delivery of the goods, or in case of an agreement to deliver a service, within 14 days after the delivery of the services.
- An advance cannot amount to more than 50% during the sale of products to consumers, this according to the general terms and conditions. When an advance is required, the consumer will not have any right to the execution of the concerning order or service(s) before the advance has taken place.
- The consumer is obligated to report errors in delivered and stated payment information to the entrepreneur without any delay.
- When the consumer misses payment, the entrepreneur will not charge any additional costs and cancel the contract. Payments or guarantees that were made will not be returned when a payment is missed.
- The entrepreneur has the right to outsource the collection of debts to third parties. These parties will operate according to the general terms and conditions of the entrepreneur.
Article 16 – Customer Scheme
- The entrepreneur has a disclosed complaint procedure and will handle the complaint according to this complaint procedure.
- Complaints about the execution of the agreement need to be described in full and in great detail, and need submitted within a given period of time, after the consumer has established the faults.
- Submitted complaints received by the entrepreneur will be handled within 14 days from the date the complaint has been received. When a complaint requires a considerable amount of time to sort out, the entrepreneur will notify the consumer within 14 days after receiving the complaint and will give an indication of when the consumer can expect a more detailed answer.
Article 17 Intellectual property.
The buyer confirms that all intellectual property rights of displayed information, announcements or other information relating to the products and/or internet site, are the property of Naark Holding B.V., its suppliers or other beneficiaries.
Article 18 Personal information
Article 19 Liability
- We cannot guarantee an error-free operation of AlarmSecur.com.
- We are not responsible for any damages incurred by you, including financial damages due to home damage or damage to your household items, which was incurred as a result of:
- not receiving an alarm signal or a delay on an alarm signals caused by unavailability of the telecommunication infrastructure that is used to transmit signals;
- a faulty installation of the alarm system;
- malfunctioning of the alarm system
- We cannot determine how much security AlarmSecur.com can provide for your home or your personal belongings. You are responsible for an adequate security of your home and household items. AlarmSecur.com is not liable for damages incurred caused by a lack of security.
- You are responsible to ensure adequate insurance against damages to your home, household items, theft or destruction.
- We do not possess the Guarantor Security Company certificate, nor any other certificate which could guarantee the quality of (the installation of) a theft security product.
- Unless stated explicitly in this article, we are not liable for any damage incurred as a consequence of this agreement.
Article 20 Applicable law and authorized judge.
Dutch law and legislation is applicable on all offers from Naark Holding B.V. and the execution of it. Applicability of the Vienna Convention is explicitly ruled out.
Article 21 Links
Article 22 Your rights
You can always contact Naark Holding B.V. to inquire about the use of personal information by email. You can mail Naark Holding B.V. to request improvements, additions or other corrections. Naark Holding B.V. will process your request as soon as possible. If you do not wish to receive information, you can inform Naark Holding B.V. about this. Sending information only occurs when you submitted your email address for this purpose.
Article 23 – Additional or different provisions
Additional or different provisions than the ones in these general terms and conditions cannot be disadvantageous for the consumer and need to be recorded in writing and be present in such a way that they can be accessed and stored by the consumer on a reliable storage medium.