GENERAL TERMS AND CONDITIONS
In these General Terms and Conditions the following terms shall have the following meanings, except where stated otherwise:
1.1 Supplier: ERIKVANDERVEEN.COM, established at De Eerensplein 28, 2593NB, Den Haag, Chamber of Commerce no. 67199984. email: firstname.lastname@example.org. customer service: email@example.com
1.2 Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
1.3 Day: calendar day;
1.4 Digital Content: data produced and delivered in digital form;
1.5 Distance Contract: a contract concluded by the Supplier and the Consumer within the scope of an organized system for distance selling products, Digital Content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
1.6 Reflection Period: the period during which the Consumer may use his right of withdrawal;
1.7 Sustainable Data Carrier: any means, including email, that allow the Consumer or the Supplier to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;
1.8 Website: name of the website of the Supplier, being erikvanderveen.com.
1.9 Standard Form for Withdrawal: the European standard form for withdrawal included in Appendix; the Supplier, the company ERIKVANDERVEEN.COM, located at De Eerensplein 28, in DEN HAAG and registered with the Trade Register of the Dutch Chamber of Commerce under number 67199976.
2.1 These General Terms and Conditions apply to any offer from the Supplier and to any Distance Contract concluded by the Supplier and the Consumer.
2.2 Before concluding a Distance Contract, the text of these General Terms and Conditions shall be made available to the Consumer by electronic means in such a way that the Consumer can store it in an accessible manner on a Sustainable Data Carrier. If this is reasonably impossible, the Supplier shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent if so requested by electronic means or otherwise without charge, before the Distance Contract is concluded.
2.3 The provisions in these conditions may only be deviated from in writing, in which case the other provisions shall continue to apply.
2.4 Supplier is entitled to change these terms and conditions at any time. Major changes in content of these general terms and conditions will be discussed by the Supplier with the Consumer in advance as much as possible. Consumers are entitled to cancel the agreement in the event of a substantal change to the general terms and conditions.
2.5 Supplier cannot accept liability for any consequences of textual errors.
3. The Offer
3.1 Obvious errors or mistakes in the offer are not binding for the Supplier.
3.2 All Prices used by the Supplier are in euros. All prices are including VAT and explusive of any other costs such as administration costs, levies and travel-, shipping- or expenses, unless explicitily stated otherwise or agreed by Supplier.
3.3 the Supplier is entitles to modify all prices for its products or services, shown in the webshop at any time.
3.4 Increases in the cost prices of products, which the Supplier could not foresee at the time of making an offer or the conclusion of agreement, may give rise to price increases. The Consumer has the right to terminate an agreement as a result of price increase, unless the increase is the result of statutory regulation.
3.5 All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
3.6. The offer shall contain a accurate description of the products offered. The description shall be sufficiently detailed so as to be able to facilitate a proper assessment of the offer by the Consumer. If Supplier uses images, these shall be a truthful representation of the offered products and/or services. Obvious errors or mistakes of the Supplier in the offer shall not be binding.
3.7 All images and descriptions on the website or in a printed medium are only indicative and approximate and can not lead to any compensation and/or dissolution of the agreement and/or suspension of any obligation.
3.8 The prices and conditions of a placed order shall be valid for 30 days. If the Consumer pays after this period of 30 days, the prices and conditions on the date on which the Supplier receives payment shall apply.
4. The contract
4.1 The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
4.2 If the Consumer accepted the offer via electronic means,the Supplier shall promptly confirm receipt of having accepted the offer via electronic means.
5. Right of withdrawal
5.1 The Consumer can repudiate a purchase contract for a product, with exception from all wallcovering products, without giving reasons for a Reflection Period of 14 days.
5.2 The Reflection Period referred to in paragraph 1 of this Article starts on the Day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:
a. if the Consumer ordered several products in the same order: the Day on which the Consumer or a third party appointed by him received the last product.the Supplier may refuse an order of several products with different delivery dates provided that it clearly informs the Consumer prior to the order process, or
b. in case the delivery of a product consists of several batches or parts: the Day on which the Consumer or a third party appointed by him received the last batch or the last part, or
c. in case of an agreement about regular delivery of products during a given period: the Day on which the Consumer or a third party appointed by him received the first product.
6. Consumer’s obligations during the Reflection Period
6.1 During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or inspect the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
6.2 The Consumer is liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in paragraph 1 of this Article.
7. Exercising the Consumer’s right of withdrawal
7.1 If the Consumer exercises his right of withdrawal he shall notify the Supplier unambiguously with the Standard Form for Withdrawal within the Reflection Period.
7.2 Returns are only valid if approved by the Supplier. The Consumer shall not return products before getting the Suppliers approval in writing.
7.3 Unauthorised returns cannot be accepted, reshipping costs will be on the Consumers expense.
7.4 The Consumer shall return the product or deliver it to (the authorized representative of) the Supplier as soon as possible but within 14 Days. This need not be done if the Supplier offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the Reflection Period.
7.5 The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Supplier.
7.6 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
7.7 The Consumer shall bear the direct costs of returning the product.
7.8 If performance of the service has been started during the Reflection Period, the Consumer shall pay the Supplier an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.
8. Obligations of the Supplier in case of withdrawal
8.1 If the Supplier makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
8.2 The Supplier shall refund the product costs within 14 days.
8.3 The period referred to in paragraph 2 of this article starts when the Supplier has recieved the returned products.
8.4 The Supplier shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
8.5 If the Consumer decides to cancel the order before shipping. Shipping cost will be refunded.
9. Exclusion of the right of withdrawal
9.1 the Supplier can exclude the following from the right of withdrawal:
a. Products which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person. This includes all Wallcovering products.
10. Performance agreement and extra guarantee
10.1 the Supplier guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the contract was concluded. If agreed, the Supplier also guarantees that the product is suitable for other than normal use.
10.2 In any event no claim can be made on paragraph 1 of this Article (i) in case of damage caused deliberately or with gross negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.
10.3 An extra guarantee offered by the Supplier, his Supplier, manufacturer or importer shall never affect the rights and claims the Consumer may exercise against the Supplier about a failure in the fulfilment of the obligations of the Supplier if the Supplier has failed in the fulfilment of his part of the agreement.
10.4 ‘Extra guarantee’ is taken to mean each obligation by the Supplier, his Supplier, importer or manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
11. Delivery and execution agreement
11.1 the Supplier shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
11.2 The place of delivery is the address which the Consumer has provided to the Supplier
11.3 The Consumer shall provide the Supplier with the correct delivery address and mail address. Any changes need to be reported immediately to the Supplier. If the Consumer has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Consumer.
11.4 Delivery takes place while supply lasts.
11.5 The ownership of delivered products will be transferred to the Consumer upon payment of the sum due. The risk of the products passes upon delivery to the Consumer.
11.6 the Supplier shall execute accepted orders with convenient speed but at least within 14 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 14 after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
11.7 After repudiation in conformity with paragraph 6 of this Article, the Supplier shall promptly return the payment made by the Consumer.
11.8 The risk of loss and/or damage to products will be borne by the Supplier until the time of delivery to the Consumer or a representative appointed in advance and made known to the Supplier, unless explicitly agreed otherwise.
12.1 Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 Days after the Reflection Period, or, if there is no Reflection Period, within 14 Days, after concluding the agreement. In case of an agreement to provide a service, this period starts on the Day that the Consumer received the confirmation of the agreement.
12.2 The Consumer has the duty to inform the Supplier promptly of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.
13. Force majeure
13.1 the Supplier and the Consumer are not obliged to fulfill any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion.
14. Complaints procedure
14.1 Complaints may be submitted to: firstname.lastname@example.org
14.2 Fully and clearly described complaints about the implementation of the agreement shall be submitted to the Supplier within a reasonable period of 7 days of the discovery of the defects by the Consumer.
14.3 Complaints submitted to the Supplier shall be responded to within a period of 7 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Supplier shall respond within the period of 7 days with a notification of receipt and an indication of when the Consumer may expect a more detailed reply.
14.4 In no way shall the Supplier be held liable for any damage to a wall or other items after or as a result of the use or removal of products from the Supplier.
14.5. In the event of a complaint, you must keep the original product so we can inspect it if necessary. We may also ask you to take pictures as this enables us to better assess the complaint.
15. Privacy and security
15.1 the Supplier respects the privacy of the Consumer. the Supplier treats and processes all personal data transmitted to it in accordance with the applicable legislation, in particular the General Data Protection Regulation. The Consumer agrees to this processing. For the purpose of protecting the Consumer’s personal data, the Supplier observes appropriate security measures.
15.2 For more information about privacy, reference is made to which can be viewed on the Website of the Supplier.
16. Additional provisions
16.1 Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future agreements.
16.2 The administration of the Supplier serves as proof of purchase orders and requests of the Consumer, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication can serve as proof.
16.3 The Consumer can not transfer its rights deferring from the agreement with the Supplier to third parties without the prior consent of the Supplier.
16.4 This provision applies as a clause with a property law effect referred to in Section 3:83 (2) Dutch Civil Code.
16.5 the Supplier is entitled to transfer the rights and obligations under the contract with the Consumer to a third party, by a single notification to the Consumer.
16.6 In case and to the extent that any provisions of these General Terms and Conditions are cancelled or declared invalid, the Supplier shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.
17. Expiry period
17.1 Every right of the Consumer to compensation from the Supplier shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
18. Intellectual property
18.1 Supplier owns and retains all intellectual property rights that protect or may be established over the designs. Reproductions of designs are not permitted without the consent of the Supplier.
19.1 Applicable law
19.1 These General Terms and Conditions, and any non-contractual obligations arising thereto, between the Supplier and the Consumer are governed exclusively by the laws of The Netherlands.
Standard Form for Withdrawal
To: ERIKVANDERVEEN.COM, De Eerensplein 28, domiciling at DEN HAAG.
Email address: email@example.com
I hereby inform you that I wish to revoke our agreement on the following order:
Ordered/received on (dd-mm-yyyy):
Fill in the date on which you received your order or the date of your order.
First name and surname:
Street name + house number:
Place of domicile:
Sign this form only if you will not send this form by e-mail or ordinary post.