Article 1 - Definitions
For the purposes of these terms and conditions:
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendarday;
- Duration transaction: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Model revocation form: the model revocation form made available by the entrepreneur that a consumer can fill in when he wants to exercise his right of revocation.
- Entrepreneur: the natural or legal person who offers products and / or services at a distance to consumers;
- 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, exclusive use is made of one or more means of distance communication;
- Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur having come together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the economic operator
Dutch Designers OutletLindenhoutseweg
Telephone number: 024-3773103
.Accessibility: 10:00h - 17:00h
firstname.lastname@example.orgKvK-nummer: 9086520VAT identification number
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these 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 terms and conditions can be inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically made available to the consumer in such a way that the consumer can easily be stored on a durable medium. 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 electronically or otherwise free of charge at the consumer's request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the consumer may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favorable to him.
- If one or more provisions of these terms and conditions at any time in whole or in part are void or nullified, then the agreement and these terms and conditions for the rest remain in force and the provision in question in mutual consultation will immediately be replaced by a provision that approximates the purport of the original as closely as possible.
- Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
- 1If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and amend the offer.
- 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 obvious errors in the offer do not bind the entrepreneur.
- 4All images, specifications and information in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
- Images of products are a true representation of the products offered. Entrepreneur can not guarantee that the colors shown correspond exactly with the real colors of the products.
- 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 including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the period for acceptance of the offer, or the period within which the trader guarantees the price;
- the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after the conclusion, and if so, how this can be consulted by the consumer;
- the manner in which the consumer, before concluding the contract, the data provided by him in the context of the contract can be checked and, if desired, remedied;
- any other 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 the case of an endurance transaction.
Article 5 - The Agreement
- The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the legal framework - inform himself 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- The trader will provide the following information to the consumer with the product or service, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:
- the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
- the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the information included in article 4 paragraph 3 of these conditions, unless the trader has already provided the consumer with this information prior to the execution of the contract;
- the requirements for cancelling the contract if the contract has a duration of more than one year or is indefinite.
- In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.
- 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
- If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the purchase is a fact.
In case of delivery of services:
- When providing services, the consumer has the option of dissolving the contract without giving any reason to dissolve for at least 14 days, commencing on the day of entering into the agreement.
- In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and / or at the latest at the time of delivery.
Article 7 - Costs in case of revocation
- If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by him.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
- If the product is damaged by careless handling by the consumer, the consumer is liable for any reduction in value of the product.
- The consumer cannot be held liable for any reduction in the value of the product if not all legally required information about the right of withdrawal has been provided by the entrepreneur, this must be done before concluding the purchase agreement.
Article 8 - Exclusion of right of withdrawal
- The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
- that have been brought about by the trader in accordance with the consumer's specifications;
- that are clearly of a personal nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
- the supply of which has been started with the Consumer's express consent before the period of reflection has expired;
- concerning betting and lotteries.
Article 9 - The price
- 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 due to changes in VAT rates.
- Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. This obligation to fluctuate and the fact that any listed prices are target prices, are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated and:
- These are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
- The defects are wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
- The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.
- All delivery periods are indicative. The consumer can not derive any rights from any of these periods. Exceeding a term does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage and / or loss of products rests with the operator up to the time of delivery to the consumer or a previously appointed and disclosed to the operator representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and extension
- The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
- The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the agreed termination rules and a notice of up to one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate in the same way as they have been entered into by him;
- always terminate with the same notice as the entrepreneur has stipulated for himself.
- A contract entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
- Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer at the end of the prolongation extended contract can terminate with a notice of up to one month.
- A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate the contract with a notice of up to one month and a notice of up to three months if the contract provides for the regular, but less than once a month, supply of newspapers, news and weekly newspapers and magazines.
- A contract of limited duration for the regular supply of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
- In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted within 7 days fully and clearly described to the entrepreneur, after the consumer has found the defects.
- Complaints submitted to the entrepreneur within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to dispute resolution.
- In case of complaints, a consumer should first turn to the entrepreneur. The web shop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved in mutual consultation, the consumer should file a complaint with Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. If a solution has not yet been reached, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee is associated with costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment 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.