General Terms and Conditions
Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
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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;
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Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the agreement, only one or more communication techniques are used;
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Communication technique for distance selling: a means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously in the same room;
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Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
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Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
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Day: calendar day;
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Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
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Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Ant's Kingdom BV
Represented by JP Oudenampsen
Laan van de ram 64B
7324 BV Apeldoorn
Tel: 085 888 97 97 (during office hours)
Email: info@antskingdom.com
Internet:
www.antskingdom.com
www.mierenboerderij.nl
www.meineameisenfarm.de
www.ongewoonongewerveld.nl
www.waterwezens.nl
Chamber of Commerce no: 82353050
VAT no: NL862430744B01
Article 3 - Applicability
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These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
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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 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. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in any other way upon the consumer's request.
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In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
Article 4 - The offer
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If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
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The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
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Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
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the price including taxes;
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any delivery costs;
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the manner in which the agreement will be concluded and what actions are required for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, or execution of the agreement;
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the term for acceptance of the offer, or the term for honoring the price;
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the amount of the tariff for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the basic rate;
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if the agreement is archived after its conclusion, how it can be consulted by the consumer;
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the way in which the consumer can become aware of unintended actions before concluding the agreement, as well as the way in which they can rectify these before the agreement is concluded;
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any languages in which, in addition to Dutch, the agreement can be concluded;
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the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
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the minimum duration of the distance contract in the case of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 - The agreement
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The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
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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, the consumer can dissolve the agreement.
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If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
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The entrepreneur can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to the execution.
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The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about existing after-sales service and guarantees;
d. 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;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products;
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The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of up to 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
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The cooling-off period mentioned 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:
- 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 he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple 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 the last part;
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in agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
If the product is damaged or the packaging is more damaged than necessary to sell the product, we may charge you for this depreciation of the product.
Therefore, handle the product with care and ensure that it is properly packaged upon return.
For services and digital content not delivered on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium during a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
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The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if no information about the right of withdrawal is provided:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
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During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning 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 shop.
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The consumer is only liable for any depreciation of the product that is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.
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The consumer is not liable for any depreciation 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
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If the consumer exercises his right of withdrawal, he notifies the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
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As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative 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.
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The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
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The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
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The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that he must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning.
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If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity, which were not made ready for sale in a limited volume or certain quantity, commence during the cooling-off period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation that has been performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
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The consumer does not bear costs for the performance of services or the supply of water, gas or electricity, which were not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
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the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
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the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
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The consumer does not bear costs for the complete or partial delivery of digital content not supplied on a tangible medium, if:
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he has not explicitly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
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he has not acknowledged losing his right of withdrawal when giving his consent; or
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the entrepreneur has failed to confirm this statement from the consumer.
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If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.
The withdrawal form can be downloaded here and the consumer can send it back completed with the return:
--- Withdrawal / return form Ant's Kingdom BV ---
Article 9 - Obligations of the entrepreneur in case of withdrawal
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If the entrepreneur makes it possible for the consumer to notify them of withdrawal electronically, they will immediately send an acknowledgement of receipt after receiving this notification.
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The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
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The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
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If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.
- The costs of return are at the consumer's expense.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
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Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
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Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
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Service agreements, after full performance of the service, but only if:
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the performance has commenced with the express prior consent of the consumer; and
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the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
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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;
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Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
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Products manufactured according to the consumer's 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;
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Products that spoil quickly or have a limited shelf life
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Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
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Products that are irrevocably mixed with other products by their nature after delivery;
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Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
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Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
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Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
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The delivery of digital content other than on a tangible medium, but only if:
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the performance has commenced with the express prior consent of the consumer; and
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the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
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Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices, will be stated in the offer.
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Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
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Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
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these are the result of legal regulations or provisions; or
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the consumer has the right to terminate the agreement on the day the price increase takes effect.
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The prices mentioned in the offer of products or services include VAT.
Article 12 - Conformity and Warranty
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The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
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A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not detract from the rights and claims that the consumer can assert against the entrepreneur regarding a shortcoming in the fulfillment of the entrepreneur's obligations on the basis of the law and/or the distance agreement.
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Customer service is our top priority. If something goes wrong with your order and this is not due to faulty handling, installation or care, we will do everything we can to resolve it properly for you!
We guarantee the animals arrive alive. If it appears on the day of receipt that this is not the case, please contact us immediately. After this first day, the responsibility for the lives of the animals transfers to the recipient.
An exception to this is the queen ant, for which we extend the warranty to 2 weeks after receipt (with correct installation/care).
In case of death, we only provide a warranty with proof thereof by means of a photo of the deceased animal and our written confirmation thereof.
Article 13 - Delivery and execution
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The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
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The place of delivery is the address that the consumer has made known to the company.
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With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
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In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
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If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated no later than upon delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are for the entrepreneur's account.
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The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur known representative, unless expressly agreed otherwise.
Article 14 -Long-term transactions: duration, termination and extension
Termination:
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The consumer can terminate an agreement entered into for an indefinite period and which concerns the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
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The consumer can terminate an agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services, at any time against the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
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The consumer can terminate the agreements mentioned in the previous paragraphs:
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terminate at any time and not be limited to termination at a specific time or in a specific period;
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terminate at least in the same way as they were entered into by him;
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always terminate with the same notice period as the entrepreneur has stipulated for himself.
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Extension:
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An agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
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Notwithstanding the previous paragraph, an agreement entered into for a definite period and which concerns the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
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An agreement entered into for a definite period and which concerns the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement concerns the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
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An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration:
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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
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Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement for the provision of a service, within 14 days after the documents relating to this agreement have been issued.
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When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the stipulated prepayment has taken place.
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The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
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In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
- Shipping of the order takes place after payment or approval of the Billink transaction (see point 6).
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Ant's Kingdom offers the payment option of post-payment via Billink. If you choose this payment option, the rights regarding the amount due for your purchases will be transferred by Ant's Kingdom to Billink and Billink's payment terms and conditions will apply.
Article 16 - Complaints procedure
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The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
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Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
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Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more extensive answer.
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Customer service is our top priority. If something does go wrong and you have a complaint, please first make it known to us by emailing info@antskingdom.com. If this does not lead to a solution, it is possible to register your dispute for mediation via WebwinkelKeur.
Article 17 Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or relating to the website reside with Mierenboerderij, its suppliers.
Article 18 Use of website www.mierenboerderij.nl.
By using our website www.mierenboerderij.nl you also agree to all the above terms and conditions. In addition, you agree to the general terms and conditions of YouTube by using videos on our website via an API connection. These terms and conditions can be found via the following link: YouTube Terms of Service
