Xbox GOLD 3 months NL

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Article 1 - Identity of the entrepreneur
Name of the entrepreneur Asado trading under the name xboxlivekaartenkopen.nl
Postal address:Zuidenveld 91, 9406 LK Assen
E-mail address: [email protected]
VAT identification number K.O.R.
Chamber of Commerce number: 01162664

Article 2 - Definitions
In these terms and conditions the following definitions apply:
1. Entrepreneur: the natural or legal person who remotely offers products and/or services to consumers
consumers;
2. Consumer: the natural person not acting in the exercise of profession or business and
enters into a distance contract with the entrepreneur;
3. Technique for distance communication: means that can be used for concluding
an agreement, without the consumer and entrepreneur being physically near each other, such as
(but not limited to) by fax, telephone and internet;
4. Distance contract: an agreement whereby, in the context of a system organised by the seller or
service provider (entrepreneur) organised system for distance selling or provision of services
of products and/or services, up to and including the conclusion of the agreement, exclusive use is made
use is made of one or more techniques for distance communication;
5. Right of withdrawal: the possibility for the consumer to waive
the distance contract;
6. Withdrawal period: the period within which the consumer can make use of his
right of withdrawal;
7. Day: calendar day
8. Duration transaction: a distance contract relating to a number of products and/or
services, the delivery and/or purchase obligation of which is spread over a longer period;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store
information which is addressed to him/her personally, to be stored in a way that future
consultation and unaltered reproduction of the stored information.

Article 3 - Applicability
1. These general terms and conditions apply to every concluded contract at
distance between entrepreneur and consumer and to every offer made by the entrepreneur.
2. Before the distance contract is concluded, the entrepreneur shall make the text of these
general terms and conditions to the consumer. If it is not possible to make the general
conditions available in advance, the entrepreneur shall, before the distance contract is
distance contract is concluded, indicate that the consumer can view the general terms and conditions and
that, at the consumer's request, they will be sent free of charge as soon as possible. Also, the
the text of these general terms and conditions electronically to the consumer
made available in such a way that it can easily be stored by the consumer on a
be stored on a durable data carrier. If this is not possible
prior to the conclusion of the distance contract, it will be indicated where the general
terms and conditions can be inspected electronically and that, at the consumer's request, they can be consulted electronically or otherwise.
consumer will be sent electronically or otherwise free of charge.
3. If, in addition to these general terms and conditions, certain product or service conditions
apply, the second paragraph shall apply mutatis mutandis and the consumer may appeal
If there are conflicting (general) terms and conditions, the consumer can always rely on the applicable
provision that is most favourable to him/her.

Article 4 - The agreement
1. The agreement is concluded at the moment the consumer accepts the offer and
offer and the fulfilment of the accompanying conditions, taking into account the provisions of
in paragraph 6 of this article.
2. The entrepreneur immediately confirms receipt of the electronic
acceptance of the offer if the consumer has accepted the offer electronically.
accepted. Until receipt of this acceptance by the entrepreneur has not been
confirmed, the consumer can dissolve the agreement.
3. The entrepreneur shall take appropriate technical and organisational measures to secure
the electronic transfer of data in case the consumer has accepted the offer electronically.
way. The entrepreneur will observe appropriate security measures if the
consumer can pay electronically. Within that framework, the entrepreneur will ensure a safe
web environment.
4. The entrepreneur will send the consumer the following information along with the product or service
information, in writing or in such a way that the consumer can easily store it on a
stored on a durable data carrier: a. the visiting address of the establishment of the entrepreneur
establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions for terminating the contract if the contract has a duration
of more than one year or is of indefinite duration. c. the data included in article 5 paragraph 3,
unless the entrepreneur has already provided the consumer with these details before the implementation of the agreement
agreement;
d. the information on the guarantees and after-sales service; e. the conditions under which and the
manner in which the consumer can make use of the right of withdrawal or a clear
notification regarding the exclusion of the right of withdrawal;
5. The provision in paragraph 4 only applies to the first delivery if the trader has
has undertaken to deliver a series of products or services;
6. The entrepreneur may (of course within the limits of the law) ascertain whether the
consumer can meet his payment obligations, as well as of all those facts and factors that are
of importance for a responsible conclusion of the distance contract. If the
trader has good grounds on the basis of this investigation not to conclude the contract.
enter into the agreement, he is entitled to refuse an order or application or to attach special
special conditions.

Article 5 - The offer
1. The entrepreneur will explicitly state if an offer has a limited duration
period of validity or is made subject to conditions.
2. The offer contains a complete, accurate and detailed description of the
products and/or services offered, so that the consumer can assess the product/service properly.
assess the product/service. If images are used in the offer, they must be
truthful images of the products and/or services on offer. Obvious
mistakes or errors in the offer, whereby it may be immediately clear to a consumer that a mistake or error has been made.
is a mistake or error, do not bind the entrepreneur.
3. With an offer, the entrepreneur clearly states what the rights and obligations of a
consumer if the offer is accepted. The following are important
- price including taxes
- costs of delivery if applicable
- the way in which the contract will be concluded and how the consumer can have it
conclusion;
- method of delivery, payment or performance of the agreement;
- the manner in which the consumer before the conclusion of the agreement by him
not wanted by him, as well as the way in which he can remedy these
can rectify these before the agreement is concluded
- any languages other than Dutch in which the contract can be concluded; - the language(s) in which the contract can be concluded.
concluded;
- the codes of conduct to which the trader is subject and the manner in which
the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the event of a contract that
extends to continuous or periodic delivery of products or services.
- whether or not the right of withdrawal is applicable;
- if the agreement is archived after its conclusion, in what way
it can be consulted by the consumer;
- the height of the tariff for distance communication if the costs for the
use of the technique for distance communication are calculated on a
basis other than the basic rate;
- period for accepting the offer, or the period for adhering to the
price;

Article 6 - The price
1. All prices of products or services offered are prices including VAT. The offer cannot
offer do not include any hidden additional costs such as taxes (VAT), packaging or
shipping costs. If these costs apply, they must be clearly
mentioned with the offer.
2. The prices of the offered products and/or services will not be increased during the period of validity stated in
the period of validity mentioned in the offer, except for price changes due to changes in
in VAT rates.
3. In case of products or services of which the prices are subject to
fluctuations in the financial market that are beyond the Entrepreneur's control, the Entrepreneur may, contrary to the previous
entrepreneur, contrary to the previous paragraph, offer the product/service with variable prices,
provided that the entrepreneur clearly states in the offer that there may be these
fluctuations and that the prices are target prices.
4. Price increases within three months after the conclusion of the agreement are not
allowed unless they are the result of statutory regulations or provisions.
5. Price increases from three months after the conclusion of the agreement are not
allowed unless the entrepreneur has stipulated that they are the result of legal rules or
regulations or provisions or if the consumer has the possibility to cancel the agreement at the moment
the moment there is a price increase.

Article 7 - Payment
1. The amounts owed by the consumer should, unless otherwise agreed, be paid before
obtaining the product codes and/or goods are paid via the digital payment solutions offered by the entrepreneur.
offered digital payment solutions.
2. If there is non or non-payment by the consumer, the entrepreneur may, unless this is
legally restricted, charge reasonable incurred costs to the consumer provided that this is
has been communicated to the consumer in advance.
3. Any inaccuracies in the provided or mentioned payment details should immediately be communicated by
the consumer to the entrepreneur.
4. In general terms and conditions, when selling products to consumers, an advance payment of
4. General terms and conditions may never stipulate an advance payment of more than 50% when selling products to consumers. Prepayment of more than 50% may
be agreed. When an advance payment has been stipulated, the consumer cannot
any rights regarding the execution of the order or service concerned before the agreed advance payment has been made.
before the agreed advance payment has been made.

Article 8 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has at least fourteen days from the day the product is
day of receipt of the product by or on behalf of the consumer, the consumer has the possibility to dissolve the
agreement without giving reasons.
2. If the consumer wishes to exercise the right of withdrawal, he should unpack the product
only unpack or use the product to the extent necessary to assess
whether the consumer wishes to keep the product. During this period the consumer shall
carefully handle the product and its packaging. The consumer will keep the product with all
accessories delivered and, as far as possible, in the original condition and packaging to the
entrepreneur, according to the reasonable and clear instructions indicated by the entrepreneur.
instructions.

Article 9 - Right of withdrawal upon delivery of services
1. The consumer has at least fourteen days for the delivery of services,
starting on the day of entering into the agreement, the consumer has the possibility of dissolving the agreement without giving reasons.
to dissolve the agreement without giving reasons.
2. The consumer shall comply with the reasonable and clear instructions given by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
provided reasonable and clear instructions to make use of his right of withdrawal.
follow.

Article 10 - Costs in case of withdrawal
1. If the consumer makes use of the right of withdrawal, at most the costs of
return shipment shall be at his expense.
2. If the consumer has paid an amount, the entrepreneur will return this amount as soon
2. If the Consumer has paid an amount, the Entrepreneur shall return this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

Article 11 - Exclusion of right of withdrawal
1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur
clearly stated this in the offer and in good time before concluding the contract.
2. Excluding the right of withdrawal is only possible for products:
a. which can spoil or age quickly;
b. which cannot be returned due to their nature, such as licence codes and/or game
codes;
c. for audio and video recordings and computer software of which the consumer has broken the seal.
has broken the seal.
d. for individual newspapers and magazines;
e. that have been realised by the trader in accordance with the consumer's specifications
consumer;
f. the price of which is subject to fluctuations on the financial market that are beyond the
entrepreneur has no influence;
g. that are clearly of a personal nature;
3. Exclusion of the right of withdrawal for services is possible:
a. with betting and lotteries.
b. for services of which the delivery has started with the express consent of the consumer
started before the cooling-off period has expired;
c. concerning transport, carriage, restaurant business, accommodation or leisure activities to be performed on
a certain date or during a certain period;

Article 12 - Duration transactions
1. In the case of a contract entered into for an indefinite period of time, the consumer can always give notice of termination
with due observance of the applicable termination rules and a notice period of no more than one month.
maximum one month.
2. The maximum duration of a fixed-term contract is two years.
year. If it has been agreed that in case of silence on the part of the consumer, the remote agreement
will be extended, the agreement will be continued as an agreement for an
indefinite period of time and the notice period after continuation of the agreement will not exceed one
month.

Article 13 - Delivery and execution
1. When receiving and executing orders of products, as well as when
assessment of requests for the provision of services, the entrepreneur will take the greatest possible care.
care.
2. The entrepreneur recognises electronic communication and will not deny the validity or legal effect
thereof due to the mere fact that the communication is electronic.
3. If delivery of an ordered product proves to be permanently impossible, the entrepreneur will
endeavour to make available a replacement comparable article. At the latest upon
delivery, it will be reported in a clear and comprehensible manner that a replacement article
is being delivered. With replacement items, the right of withdrawal cannot be excluded and
the consumer free to dissolve the agreement, whereby the costs of any
return shipment shall be borne by the entrepreneur.
4. Unless expressly agreed otherwise, the risk of loss and/or damage rests with
of products until the moment of delivery to the consumer rests with the entrepreneur.
5. The address that the consumer has communicated to the entrepreneur applies as the place of
delivery.
5. The entrepreneur will execute accepted orders with due speed but at the latest within 30
Unless a longer delivery period has been agreed, the Entrepreneur shall carry out accepted orders with due speed, but no later than 30 days, taking into account that stated in Article 5.
If there is a delay in the delivery, or if an order cannot or can only partially be
can only be partially carried out, the consumer shall be informed about this at the latest one month after
after he has placed the order. In such a case, a consumer has the
right to dissolve the agreement without costs and a right to possible
compensation.
6. In case of dissolution on the basis of the previous paragraph, the entrepreneur will refund the amount that the
paid by the consumer as soon as possible, but at the latest within 30 days after dissolution,
refund.

Article 14 - Warranty
An arrangement offered as a guarantee by the trader, manufacturer or importer cannot affect the rights
and claims that the consumer has in respect of a shortcoming in the fulfilment of the
obligations of the entrepreneur towards the consumer based on the law
and/or the distance contract do not limit or set aside.

Article 15 -Conformity
The trader guarantees that the products and/or services comply with the contract, the specifications
specifications stated in the offer, to the reasonable requirements of usability and/or
soundness and the existing statutory provisions and/or government regulations on the date the contract was concluded.
statutory provisions and/or government regulations.
Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles
the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted within a reasonable time after the
consumer has discovered the defects, fully and clearly described and submitted
to the entrepreneur.
3. The entrepreneur will handle submitted complaints as soon as possible, but in any case within a
period of 14 days from the date of receipt, handle and answer them. If
a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the
period of 14 days with a notice of receipt and an indication of when the
consumer can expect a more detailed answer.

Article 17 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the
to the detriment of the consumer and should be recorded in writing or in such a
manner that they can be stored by the consumer in an accessible manner on a durable data carrier.
a durable data carrier.

Article 18 - Amendments to the general terms and conditions
Amendments to these terms and conditions are only effective after they have been properly
published. In the event of amendments during the term of an offer, the provision(s) most favourable to the consumer shall apply.
most favourable provision(s) for the consumer shall prevail.

Article 19 - Applicable law
On agreements between the entrepreneur and the consumer to which these general conditions
are subject to, are exclusively governed by Dutch law.