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General Terms and Conditions BPS International BV / www.callrecordingstore.com
General Terms callrecordingstore.com
Article 1 – Definitions
Definitions in these conditions:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers or organizations from a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used.;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time;
5. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Transaction duration: a distance contract with regard to a series of products and/or services, of which the supply and/or purchase obligation is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Article 2 – Identity of the entrepreneur
BPS International BV
Stökskesweg 11
5571 TJ Bergeijk
The Netherlands
Phone number: +31 (0) 497-550260
Opening hours: From Monday to Friday from 9:00 am to 5:30 pm (CET)
E-mailaddress: info@bps.nl
Chamber of commerce number: 30136339
VAT identification number: NL805397292B01
Article 3 – Applicability
1. These products listed on this website as well as the services provided by BPS International BV are intended for companies and organizations. For deliveries to companies and organizations these general terms and conditions do not apply.
2. 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, on the understanding that the consumer is aware of the fact that the offer of BPS International BV on this website is exclusively intended for business applications and that in case of doubt the consumerrights expires on all purchases made via this website.
3. 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 viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
4. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can simple store this 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 at the request of the consumer they will be sent free of charge by electronic means or otherwise.
5. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke 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 explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
· the price inclusive taxes with the exception of import duties (if applicable);
· the possible costs of delivery;
· the way in which the contract will be concluded and which actions are required for it;
· whether or not the right of withdrawal applies;
· the method of payment, delivery or execution of the agreement;
· the period for accepting the offer or the period for adhering to the price;
· the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
· if the agreement is archived after the conclusion, how it can be consulted by the consumer;
· the manner in which the consumer can get informed of the actions he does not wish to take before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
· the possible languages in which, in addition to Dutch, the agreement can be concluded;
· the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
· the minimum duration of the distance contract in case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 – The agreement
1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. With the product or service the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. 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;
c. the information about existing service after purchase and guarantees;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has committed himself to supply a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6a – Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within seven working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer fails to do this, the entrepreneur reserves the right to refuse the return.
Article 6b – Right of withdrawal upon delivery of services
1. When providing services, the consumer has the option to terminate the contract without giving any reason within seven working days, starting on the day of entering into the agreement.
2. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest on delivery.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 8 – Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a) which have been created by the entrepreneur in accordance with the consumer’s specifications;
b) that are clearly personal in nature;
c) which can not be returned due to their nature;
d) that can spoil or age quickly;
e) the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f) for loose newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
b) the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c) regarding betting and lotteries.
4. Right of withdrawal does not apply to business orders and transactions.
Article 9 – The price
1. During the period mentioned 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.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 2 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 2 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a) these are the result of statutory regulations or provisions; or
b) the consumer has the authority to cancel the agreement by the day on which the price increase takes effect.
5. The prices mentioned in the range of products or services include VAT.
6. The prices mentioned on the website are exclusive of VAT at all times
7. Import duties or other taxes may apply to the delivered products. The consumer must take care of this himself.
Article 10 – Conformity and Warranty
1. The entrepreneur warrants 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 existing on the date of the conclusion of the agreement or government regulations.
2. An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can enforce against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur by virtue of the law and/or the distance contract.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, right of withdrawal cannot be excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests until the moment of delivery to the consumer at the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions
1. The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. A contract that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as a contract for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 – Payment
1. Insofar as not later agreed, the amounts owed by the consumer must be paid befor the delivery of the good or in the case of an agreement to provide a service, within 7 days after issuance of the documents relating to this agreement.
2. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 – Complaints regulation
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. 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.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. All deliveries made by BPS International BV or by companies affiliated to BPS International BV are governed by Dutch law.
Article 15 – Additional or deviating provisions
Additional provisions or deviating from these 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 medium.
Article 16 – About our privacy policy
BPS International BV cares a lot about your privacy. We therefore only process data that we need for (improving) our services and we handle the information we have collected about you and your use of our services. We never make your data available to third parties for commercial purposes.
This privacy policy applies to the use of the website and the services provided by BPS International BV. The starting date for the validity of these conditions is 24/05/2018, with the publication of a new version, the validity of all previous versions is canceled. This Privacy Policy describes what information about you is collected by us, where this data is used for and with whom and under what conditions this data can possibly be shared with third parties. We also explain to you how we store your data and how we protect your data against misuse and what rights you have with regard to the personal data you provide us.
If you have any questions about our privacy policy, please contact our privacy contact person, you will find the contact details at the end of our privacy policy.
Article 17 – About the data processing
Below you can read how we process your data, where we save it, what security techniques we use and for whom the data are transparent.
Webshop software
WooCommerce
Our webshop was developed with software from WooCommerce, we chose Amazon for our web hosting. Personal data that you make available to us for the benefit of our services will be shared with this party. Amazon has access to your data to provide us (technical) support, they will never use your data for any other purpose. Amazon is obliged to take appropriate security measures based on the agreement we have made with them. These security measures consist of the application of SSL encryption and a strong password policy. Backups are regularly made to prevent data loss.
Web hosting
We use web hosting and e-mail services from Amazon. Amazon processes personal data on our behalf and does not use your data for its own purposes. However, this party can collect metadata about the use of the services. These are not personal data. Amazon has taken appropriate technical and organizational measures to prevent loss and unauthorized use of your personal data. Amazon is obliged to observe secrecy on the basis of the agreement.
E-mail and mailing lists
We send our e-mail newsletters with MailChimp. MailChimp will never use your name and e-mail address for own purposes. At the bottom of every e-mail sent automatically via our website you will see the ‘unsubscribe’ link. You will no longer receive our newsletter. Your personal data is stored securely by MailChimp. MailChimp uses cookies and other internet technologies that make it clear whether e-mails are opened and read. MailChimp reserves the right to use your data for the further improvement of the services and to share information with third parties.
Payment processors
We use the Mollie platform to handle (a part of) the payments in our webshop. Mollie processes your name, address and residence details and your payment details such as your bank account or credit card number. Mollie has taken appropriate technical and organizational measures to protect your personal data. Mollie reserves the right to use your data to further improve the service and to share (anonymized) data with third parties. All the above-mentioned safeguards with regard to the protection of your personal data also apply to the parts of Mollie’s services for which they engage third parties. Mollie does not store your data for longer than is permitted by the legal terms.
Shipping and logistics
If you place an order with us, it is our job to have your package delivered to you. We use the services of PostNL for the execution of the deliveries. It is therefore necessary that we share your name, address and residence details with PostNL. PostNL uses this information only for the purpose of executing the agreement. In the event PostNL engages subcontractors, PostNL will also make your data available to these parties.
Invoicing and accounting
For our records of our administration and accounting we use the services of Exact. We share your name, address and residence details and details regarding your order. This data is used for managing sales invoices. We use the services of PNR Administrations to keep track of our administration and accounting. We share your name, address and residence details and details regarding your order. This data is used for managing sales invoices. Your personal data is sent and stored protected. Exact and PNR Administrations are obliged to observe secrecy and will treat your data confidentially. Exact does not use your personal data for purposes other than those described above.
Purpose of data processing
General purpose of the processing
We only use your data for the benefit of our services. This means that the purpose of the processing is always directly related to the assignment you provide. We do not use your data for (targeted) marketing. If you share information with us and we use this information to contact you at a later date – other than at your request – we will ask you explicitly for this. Your information will not be shared with third parties, other than to comply with accounting and other administrative obligations. These third parties have all been kept confidential on the basis of the agreement between them and us or an oath or legal obligation.
Automatically collected data
Data that is automatically collected by our website is processed with the aim of further improving our services. This information (eg your IP address, web browser and operating system) is not personal data.
Participation in tax and criminal investigation
In such cases, BPS International BV may be obliged to share your information in connection with governmental or government tax investigation pursuant to a legal obligation. In such a case, we are forced to share your data, but we will oppose this within the possibilities that the law offers us.
Retention periods
We keep your information as long as you are our client. This means that we keep your customer profile until you indicate that you no longer wish to use our services. If you indicate this to us, we will also consider this as a request for forgiveness. On the basis of applicable administrative obligations, we must keep invoices with your (personal) data, so we will keep this data for as long as the applicable term runs. However, employees no longer have access to your client profile and documents that we have produced in connection with your assignment.
Your rights
On the basis of the applicable Dutch and European legislation, you as a data subject have certain rights with regard to the personal data that are processed by or on behalf of us. We explain below which rights these are and how you can invoke these rights.
In principle, in order to prevent abuse, we will send copies and copies of your data only to your already known e-mail address. In the event that you wish to receive the data at another e-mail address or for example by post, we will ask you to identify yourself. We keep records of completed requests, in the case of a request for forgiveness we administer anonymous data. You will receive all copies and copies of data in the machine-readable data format that we use within our systems.
You have the right to file a complaint with the Dutch Data Protection Authority at any time if you suspect that we are using your personal data in the wrong way.
Right of inspection
You always have the right to inspect the data that we process or have processed that relate to your person or that can be traced back to you. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you a copy of all data with an overview of the processors who have this data, with the e-mail address known to us, stating the category under which we have stored this data.
Rectification right
You always have the right to have the data that we process or have processed that relate to your person or that can be traced back to this. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you a confirmation that the details have been changed on the e-mail address known to us.
Right to restriction of processing
You always have the right to limit the data that we process or have related to your person or that can be traced back to you. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you a confirmation to the e-mail address known to us that the data until you cancel the restriction will no longer be processed.
Right of transferability
You always have the right to have the data that we process or have processed and that relate to your person or that can be traced back to you, performed by another party. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you copies or copies of all information about you that we have processed or that have been processed by us by other processors or third parties on the e-mail address known to us. In all likelihood, we will no longer be able to continue the service in such a case, because the secure linking of data files can then no longer be guaranteed.
The right of objection and other rights
In such cases, you have the right to object to the processing of your personal data by or on behalf of BPS International BV. If you object, we will immediately stop the data processing pending the settlement of your objection. If your objection is well-founded, we will make copies and/or copies of data that we process or have made available to you and then permanently discontinue the processing.
You also have the right not to be subject to automated individual decision making or profiling. We do not process your data in such a way that this right applies. If you are of the opinion that this is the case, please contact our contact person for privacy matters.
Cookies
Google Analytics
Through our website, cookies are placed from the American company Google as part of the “Analytics” service. We use this service to track and get reports on how visitors use the website. This processor may be obliged to provide access to these data on the basis of applicable laws and regulations. We collect information about your browsing habits and share this information with Google. Google can interpret this information in conjunction with other datasets and thus track your movements on the internet. Google uses this information to provide, among other things, targeted advertisements (Adwords) and other Google services and products.
Snoobi Analytics
Snoobi is a web analytics and online leads service that is offered by Snoobi B.V.
Through this service, we get access to the website visit. Consider visitor numbers, popular pages and topics, and for business applications the name of the visiting organization. In this way we better tailor our communication to the needs of the website visitors. In this way it is not possible to trace the name of the visitor.
For the placing of Snoobi cookies, we have taken some measures that ensure that data is only processed in a privacy-friendly manner.
- Snoobi is not permitted to use the details of individual websites in any way or to share them with third parties.
- We have a Processing Agreement with Snoobi B.V. It states that Snoobi only acts as a processor when processing the personal data of our website visitors.
- If you wish, you can disable the storage of Snoobi cookies and thus visit the website completely anonymously. However, it is possible that some parts of the website are no longer fully functional.
- You can approach us to view the data stored by your visit. It is important that we can check whether your request is valid. We can only do this on the basis of the unique identification in the cookie stored in the browser. If no cookies are stored, then by definition your visit is anonymized and we can not provide access to any data.
Use the browser you use to visit our website to this Snoobi web page to view your unique visitor identification: https://idcheck.snoobi.eu Do you need to inspect, then send us that complete identification by e-mail.
All information about Snoobi cookies can be found on https://snoobi.eu/blog/privacy/hoe-wij-snoobi-gebruiken/
Other cookies
On our website buttons are included to promote web pages (“like”) or share (“tweet”) on social networks like Facebook and Twitter. These buttons work through pieces of code that come from Facebook or Twitter itself. Cookies are placed through this code. We have no influence on that. Read the privacy statement of Facebook or of Twitter (which can change regularly) to read what they do with your (personal) data that they process via these cookies.
The information they collect is anonymized as much as possible. The information is transferred to and through Twitter, Facebook, Google + and LinkedIn stored on servers in the United States. LinkedIn, Twitter, Facebook and Google + adhere to the Safe Harbor principles and are affiliated with the Safe Harbor program of the US Department of Commerce. This means that there is an appropriate level of protection for the processing of any personal data.
Delete, activate and manage cookies
Through your browser settings, you can delete existing cookies, allow or block all cookies and set preferences for certain websites. Pay attention! If you block cookies in your browser, you may not be able to use all features of our website. More information about cookies can be found in the help function of your browser:
If your browser is not listed please consult the documentation or help function of your browser.
Changes to the privacy policy
We reserve the right to change our privacy policy at any time. On this page, you will always find the most recent version. If the new privacy policy affects the way in which we process already collected data relating to you, we will notify you by e-mail.
Contact details
BPS International BV
Visiting address:
Stökskesweg 11
5571 TM Bergeijk
The Netherlands
Mailing address:
Postbus 59
5570 AB Bergeijk
The Netherlands
T +31 (0)497 550260
E info@bps.nl
Contact person for privacy matters
Gerry van de Kerkhof