Terms & conditions
The following definitions apply in these terms and conditions:
Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers (access to) digital content and / or services to consumers remotely;
Distance agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
2. ENTREPRENEUR IDENTITY
Name of entrepreneur and business address:
8171 PH Vaassen
Email address: firstname.lastname@example.org
Chamber of Commerce number: 51576406
VAT identification number: NL101193464B01
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, contrary to 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 the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favorable to him is.
4. THE OFFER
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Colors: We cannot guarantee that the colors in the Webshop reflect the actual colors “of the clothing. The colors can be displayed in different ways depending on, for example, your computer or telephone screen, graphic card and computer settings.
ARTICLE 5 – THE AGREEMENT
The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
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 entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – within the law – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur 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 implementation.
The entrepreneur will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with 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. the information about guarantees and existing service after purchase;
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 implementation of the distance agreement;
e. the requirements for canceling 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 form for withdrawal.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
1. With products:
The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:
a. 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 that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times;
b. 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 part;
c. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
The consumer cannot terminate a service agreement and an agreement for the delivery of digital content that is not supplied on a material medium.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COVERAGE
1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation 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 store.
2. The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for value reduction 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 ITS COSTS
1. If the consumer makes use of his right of withdrawal, he must report this unambiguously to the entrepreneur within the cooling-off period.
2. 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 to (an agent 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 period of 14 days has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR WITHDRAWAL
1. If the trader makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur reimburses the payment of the consumer. The costs of return shipment are for the account of the consumer.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement or chargeback, unless the consumer agrees to a different method. The reimbursement or chargeback is NOT free of charge for the consumer and must be payed by the consumer.
ARTICLE 10 – EXCLUSION RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
2. Products manufactured according to specifications of the consumer, 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.
3. All crochet, knitting and yarn packages must be returned in full. All products in the relevant package must be returned unused. If products from the package have been used, the package can no longer be returned.
4. The delivery of digital content other than on a material medium.
ARTICLE 11 – THE PRICE
1. During the period of validity stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
ARTICLE 12 – PERFORMANCE AGREEMENT AND ADDITIONAL 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 reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfill his part of the contract. agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
ARTICLE 13 – DELIVERY AND IMPLEMENTATION
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
2. If the delivery service cannot deliver the package to the consumer due to the fault of the consumer (for example, by entering a wrong address or not being at home at the agreed time), the costs resulting from resending the package will be be charged to the consumer. This amount will be equal to the shipping costs that would initially be calculated for the specified delivery location, the expiry of the shipping costs for a specific order amount is no longer applicable in this situation.
3. The place of delivery is the address that the consumer has made known to the entrepreneur.
4.With regard to what is stated in this regard in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
5.After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 14 – PAYMENT
1. You can pay in different ways in the webshop. This is possible in advance with Ideal, Paypal, Bancontact, Sofort Banking, EPS, Giropay, or via a bank transfer. If you choose payment by bank transfer, the order must be paid within 10 days. If the order is not paid within 10 days, it will be canceled. With the above payment methods, payment must first be received before your order is shipped.
2. The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
3. In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
ARTICLE 15 – COMPLAINTS
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects, 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 a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.
ARTICLE 16 – DISPUTES
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. Disputes between the consumer and the trader about the conclusion or implementation of agreements with regard to products and services to be supplied or supplied by this trader, can be submitted to the consumer and the trader, subject to the provisions below, Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.
4. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the trader wants to do so, the consumer must, within five weeks of a written request thereto by the trader, have to pronounce in writing whether he also wishes to do so or wants the dispute dealt with by the competent court. The entrepreneur learns the consumer’s choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee rules under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by means of binding advice.
7. The Disputes Committee will not deal with a dispute or cease treatment if the entrepreneur has been granted a moratorium, has become bankrupt or has effectively terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final judgment has been given.
8.If in addition to the Dispute Committee Webshop another recognized or affiliated with the Foundation Disputes Committees for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) is competent for disputes concerning mainly the method of sale or services provided by remote Disputes Committee Webshop exclusively . For all other disputes, the other accredited disputes committee affiliated with SGC or Kifid.
ARTICLE 17 – OFFERS AND PRICES
Offers apply while supplies last. MYPZ is not bound by its offer if there are programming errors in its website.
ARTICLE 18 – TAXES & OBLIGATIONS
MYPZ cannot be held responsible for any additional costs, customs fees and taxes that apply in your country. This responsibility lies with the customer. If you have any questions, contact your local customs or courier for more information.
ARTICLE 19 – COPYRIGHT
It is forbidden to copy, publish, reproduce or otherwise use text and / or image material without written permission. We will take legal action in the event of a violation.
ARTICLE 20 – REMAINING
– Communication is only possible in Dutch and English.
– The email address of MYPZ is email@example.com.
– Address: MYPZ, Emsterweg 57, 8171 PH Vaassen
For the other subjects the same conditions apply as mentioned above.