Terms and Conditions
TERMS OF USE
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OVERVIEW
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or commercial activity and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: distance contract relating to a series of products and/or services, the obligation to deliver and/or purchase which extends over time.
The obligation to deliver and/or purchase extends over time;
Durable data carrier: any medium that allows the consumer or the entrepreneur to store information sent to them personally in such a way that it can be consulted in the future and the stored information can be reproduced unchanged.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of an organized system for the distance sale 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;
Means of distance communication: means that can be used for the conclusion of a contract, without the consumer and the trader being together in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Email: lassetijnvandruenen@gmail.com
Chamber of Commerce number: 91426561
Article 3 - Applicability
These general terms and conditions apply to any offer made by the entrepreneur and to
any distance contract and any order placed between the entrepreneur and the consumer.
Before the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the conclusion of the distance contract, that the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the provisions of the previous paragraph and before the conclusion of the distance contract, 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 conclusion of the distance contract, it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
If specific conditions relating to the products or services apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions of these terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions shall remain in force and the provision in question shall be replaced without delay, by mutual agreement, by a provision that comes as close as possible to the purpose of the original provision.
Situations not provided for in these terms and conditions must be assessed “in the spirit” of these terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our general terms and conditions must be interpreted “in the spirit” of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is not binding. The entrepreneur is entitled to modify and adapt 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 properly assess the offer.
The offer by the consumer. If the entrepreneur uses images, these accurately represent the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot constitute grounds for compensation or termination of the agreement.
The images of the products are a faithful representation of the products offered. The operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information so that the consumer is clear about the rights and obligations related to the acceptance of the offer. This refers in particular
to the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulations for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU country of destination, which is the case in question. The postal and/or courier service collects VAT (whether or not added to the customs clearance charges invoiced) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and the actions necessary for this;
the existence or absence of a right of withdrawal;
the method of payment, delivery, and performance of the contract;
the time limit for acceptance of the offer or the period during which the trader guarantees the price;
the level of the distance communication tariff if the costs of using the means of distance communication are calculated on a basis other than the basic rate for the means of communication used;
the storage of the contract after its conclusion and, where applicable, the manner in which the consumer can consult it;
the manner in which the consumer can, before concluding the contract, verify the data he has provided in the context of the contract
can verify and, if he so wishes, correct the data he has provided in the context of the agreement
the languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the professional is subject and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a transaction of duration. Optional: available sizes, colors, type of materials.
Article 5 - The agreement
Without prejudice to paragraph 4, the contract shall take effect at the moment the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of such acceptance, the consumer may withdraw from the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The trader may, within the limits of the legal framework, obtain information about the consumer's ability to fulfill their payment obligations, as well as about all facts and factors important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to impose special conditions of execution, justifying their decision.
The trader shall attach the following information to the product or service supplied to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the address of the trader's premises where the consumer can submit complaints;
- the conditions and procedures for exercising the right of withdrawal by the consumer, or
- a clear statement on the exclusion of the right of withdrawal
- information on existing guarantees and after-sales services;
- the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract.
- consumer prior to the performance of the contract;
5. The conditions for withdrawal from the contract if it has a duration of more than one year or is indefinite.
In the case of a transaction of a fixed duration, the provision of the previous paragraph shall only apply to the first delivery.
Each agreement is concluded subject to the condition precedent of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving any reason within a period of 14 days. This cooling-off period begins on the day following the receipt of the product by the consumer or by a representative designated in advance by the consumer and of whom the trader has been informed.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must do so by means of a written message or email. After declaring that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods delivered have been returned on time, for example by means of a proof of shipment.
If the customer has not expressed their wish to exercise their right of withdrawal or has not returned the product to the trader after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by them.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after the withdrawal. This is on condition that the product has already been received by the entrepreneur or that conclusive proof of a complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader
has clearly indicated this in the offer, at least in good time before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products
- that have been created by the trader according to the consumer's specifications;
- which are clearly personal in nature
- which cannot be returned due to their nature
- which deteriorate or age rapidly;
- whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
- for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services
- relating to accommodation, transport, catering or leisure activities that must be performed on a specific date or during a specific period;
- whose delivery has begun with the express consent of the consumer before the expiry of the withdrawal period;
- relating to betting and lottery services.
Article 9 - The price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in the VAT rate.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond his control, with variable prices. This link to fluctuations and the fact that the prices mentioned are indicative prices shall be mentioned in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they result from legal provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they result from legal provisions or stipulations; or
- the consumer has the right to terminate the contract on the day the price increase takes effect.
- the price increase.
In accordance with Article 5(1) of the Value Added Tax Act of 1968, delivery takes place in the country where transport begins. In the present case, delivery takes place outside the EU. Subsequently, the postal or courier service will charge the customer import VAT or customs clearance costs. Therefore, the trader will not charge any VAT.
All prices are subject to printing errors. We are not liable for the consequences of printing and composition errors. In the event of printing and composition errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The professional guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, reasonable requirements of reliability and/or usability and the legal and/or regulatory provisions in force on the date of conclusion of the contract. If agreed, the professional also guarantees that the product is suitable for other than normal use.
A guarantee provided by the professional, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the professional on the basis of the agreement.
Any defective or incorrectly delivered product must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor shall never be liable for the final suitability of the products for each individual application by the consumer, nor for any advice on the use or application of the products.
The warranty does not apply if
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have been treated negligently or contrary to the contractor's instructions and/or the packaging;
The unsuitability is wholly or partly due to regulations imposed or to be imposed by public authorities in relation to the nature or quality of the materials used.
Article 11 - Delivery and performance
The contractor shall take the utmost care in receiving and executing orders for products.
Without prejudice to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with diligence, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer shall be informed no later than 30 days after the order is placed. In this case, the consumer has the right to terminate the contract at no cost and to claim any damages.
In the event of withdrawal in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the withdrawal.
If delivery of an ordered product proves impossible, the trader will endeavor to supply a substitute item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of return shall be borne by the trader.
The risk of damage and/or loss of the products shall remain with the trader until the moment of delivery to the consumer or to a representative designated in advance and known to the trader, unless expressly agreed otherwise.
Article 12 - Duration of transactions: duration, termination, and extension
Termination
The consumer may terminate an open-ended contract for
the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed term, in accordance with the applicable termination rules and with a notice period of no more than one month.
Consumers may terminate the contracts referred to in the preceding paragraphs:
terminate at any time and not be limited to terminating at a specific time or during a specific period;
terminate at least in the same manner in which they were concluded by him; terminate always with the same notice period as the trader has stipulated for himself.
that the trader has set for himself. Extension.
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be extended or renewed tacitly for a fixed period.
Notwithstanding the provisions of the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract relates to the regular supply, but less than once a month, of daily newspapers and daily or weekly magazines.
A fixed-term contract for the regular supply of daily newspapers (trial or introductory subscription).
Trial or introductory subscriptions to daily newspapers are not tacitly renewed and end automatically after the trial or introductory period.
Contract duration
If a contract lasts for more than one year, after one year the consumer may terminate the contract at any time with a maximum notice period of one month, unless the reasonable and equitable nature of the contract precludes termination before the end of the agreed period.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement on the provision of a service, this period shall start to run from the moment the consumer receives confirmation of the agreement.
The consumer is obliged to report any errors he has made in the performance of the contract immediately.
The consumer is obliged to inform the trader immediately of any inaccuracy in the payment details provided or mentioned.
In the event of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.
Article 14 - Complaints procedure
Complaints regarding the execution of the agreement must be submitted to the contractor within 7 days, with a complete and clear description, after the consumer has detected the defects.
Complaints submitted to the contractor will be responded to within 14 days of receipt. If a complaint requires a longer processing time, the contractor will respond within 14 days with an acknowledgment of receipt and an indication of the date on which the consumer can expect to receive a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is submitted to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur considers a complaint to be valid, he will replace or repair the delivered products free of charge, at his discretion.
Article 15 - Disputes
For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law will apply, even if the consumer resides abroad. Even if the consumer resides abroad.