Terms and Conditions

Article 1 - Definitions

In these conditions the following definitions apply:

1. Additional agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Provoas or by a third party on the basis of an agreement between those third and Provoas ;
2. Reflection period : the period within which the consumer can exercise his right of withdrawal;
3. Consumer : the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day : calendar day;
5. Digital content : data produced and delivered in digital form;
6. Duration agreement : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal : the consumer's option to cancel the distance contract within the cooling-off period;
9. Distance contract : an agreement concluded between Provoas and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made until the conclusion of the agreement of one or more techniques for remote communication;
10. Model withdrawal form : the European model withdrawal form included in Appendix I of these conditions;

• Provoas : the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or remote services to consumers as set out under these general terms and conditions;

1. Distance communication technology : means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;

Article 2 – Identity of Provoas

Name of entrepreneur: ASF Marketing

Business address; Nieuwenhuisstraat 52, 7462 MN Rijssen

info@provoas.com

Chamber of Commerce number; 87716755

VAT identification number; NL004465832B20

Article 3 – Applicability

1. These general terms and conditions apply to every offer from Provoas and to every distance contract concluded between an entrepreneur and a consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Provoas will indicate before the distance contract is concluded how the general terms and conditions can be viewed at Provoas and that they will be sent free of charge as soon as possible at the request of the consumer.
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 can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. .

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If Provoas uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Provoas .
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, Provoas will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Provoas , the consumer can terminate the agreement. After receiving this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement: the consumer can, however, exercise the right of withdrawal (Article 6).
3. If the agreement is concluded electronically, Provoas will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Provoas to observe appropriate safety measures.
4. Provoas can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Provoas has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Provoas will send the following information to the consumer at the latest upon 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 data carrier:
1. the visiting address of the Provoas branch where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about warranties and existing after-sales service;
4. 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 execution of the distance contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. Provoas may ask the consumer for the reason for withdrawal, but does not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Provoas may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
2. 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;
3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content that is not supplied on a tangible medium:

1. 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. Provoas may ask the consumer for the reason for withdrawal, but does not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:

1. If Provoas has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
2. If Provoas has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. 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 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 in a store.
2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in value of the product if Provoas has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he must report this to Provoas within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Provoas . This is not necessary if Provoas has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Provoas .
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If Provoas has not stated that the consumer must bear these costs or if Provoas indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.
6. The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
1. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
2. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
3. Provoas has failed to confirm this consumer statement.
7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of Provoas in the event of withdrawal

1. If Provoas enables the notification of withdrawal by the consumer electronically, it will immediately send a confirmation of receipt after receiving this notification.
2. Provoas will reimburse all payments made by the consumer, including any delivery costs by Provoas will be charged for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless Provoas offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
3. Provoas uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Provoas does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

Provoas can exclude the following products and services from the right of withdrawal, but only if Provoas has clearly stated this in the offer, at least in a timely manner before concluding the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which Provoas has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by Provoas to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful the bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
1. the performance has started with the express prior consent of the consumer; and
2. the consumer has stated that he loses his right of withdrawal as soon as Provoas has fully executed the agreement;
4. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;
6. Products manufactured to consumer specifications, 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;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
9. Products that, by their nature, are irreversibly mixed with other products after delivery;
10. Alcoholic drinks whose price was agreed upon at the conclusion of the agreement, but delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which Provoas has no influence;
11. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
1. the performance has started with the express prior consent of the consumer; and
2. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, Provoas may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which Provoas has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Provoas has stipulated this and:
1. these are the result of legal regulations or provisions; or
2. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with agreement and additional warranty

1. Provoas 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 and/or or government regulations. If agreed, Provoas also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by Provoas , its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Provoas under the agreement if Provoas has failed to fulfill its part of the agreement.
3. An additional guarantee means any obligation of Provoas , its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

1. Provoas will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to Provoas .
3. Taking into account what is stated in Article 4 of these general terms and conditions, Provoas will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 the right to possible compensation for the costs of the product. Not taking into account the compensation that arises as a result of not receiving the product.
4. After dissolution in accordance with the previous paragraph, Provoas will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Provoas until the moment of delivery to the consumer or a representative designated in advance and made known to Provoas , unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Termination:

1. The consumer can at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services.

cancel in accordance with agreed cancellation rules and a notice period of no more than one month.

1. The consumer can terminate an agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate the agreements referred to in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a certain time or in a certain period;
• at least cancel in the same manner as these agreements were entered into by him;
• always cancel with the same notice period as Provoas has stipulated for itself.

Extension:

1. An agreement that has been entered into for a specific period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a specific period.
2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.

Duration:

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the reflection period, or in the absence of a reflection period, within 14 (fourteen) days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to Provoas .
4. If the consumer does not meet his payment obligation(s) on time, after Provoas has informed him of the late payment and Provoas has granted the consumer a period of 14 (fourteen) days to still meet his payment obligations, If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and Provoas is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. Provoas may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

1. Provoas 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 submitted fully and clearly described to Provoas within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Provoas will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, Provoas will respond within 14 (fourteen) days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 – Disputes

1. Agreements between Provoas and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where Provoas has its offices.

In the event of damage to the product or the consequences thereof, the consumer cannot rely on damaged objects with the exception of the delivered product, provided that it falls within the warranty. A guarantee is only given if it can be demonstrated that the customer has handled the product with care.

Article 18 – Additional or deviating 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 by the consumer in an accessible manner on a durable data carrier.