Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepeneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Compliance and warranty

Article 11 – Delivery and implementation

Article 12 – Duration transactions: duration, cancellation and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or different stipulations

Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepeneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepeneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the therefore mentioned cooling-off period;
  7. Model form: the model withdrawal form that the entrepeneur provides that a consumer can fill in when he wants to make use of his right of withdrawal;
  8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
  9. Distance contract: an agreement whereby, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the contract using one or more communication techniques. distance;
  10. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
  11. General Conditions: the present General Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

CONCEPT387 V.O.F.
Business address: Katherijn van Leemputdreef 43, 3561 TL Utrecht
Email address: info@concept387.com
Chamber of Commerce number: 76147606
VAT identification number: NL860524280B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and consumer.
  2. 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  and they will be sent free of charge at the request of the consumer by the entrepeneur.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored 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 they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. 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 rely on the  provision that is most beneficial for him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially nullified, the agreement and these terms and conditions will continue to apply and the provision in question will be immediately replaced by a provision that is mutually agreed upon. 
  6. Situations not regulated in these terms and conditions should be assessed “in the spirit” of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more provisions of these terms and conditions must be explained “in the spirit” of these terms and conditions.

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 is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these images are a truthful representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
  6. 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:
  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and implementation of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate;
  • the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired; and
  • any other languages in which, in addition to English, in which the contract can be concluded.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect 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 to ensure a safe payment method.
  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, on the basis of this investigation, the entrepreneur has good reasons to not enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.
  5. The entrepreneur will make the following information available to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    • what a consumer can do when the consumer has complaints;
    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal; 
    • information about guarantees and existing after-sales service;
    • 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.
  6. Each agreement is entered under the suspensive conditions of sufficient availability of the products in question.

Article 6 – Right of withdrawal

  1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative that the consumer has communicated to the entrepeneur.
  2. During the reflection 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 makes use of his right of withdrawal, he will return the product with all accessories and in the original condition and packaging to the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by sending an e-mail to the entrepeneur. After the consumer has made known that he wants to make use of his right of withdrawal, the entrepeneur will send the consumer a model form. 
  4. The product must be returned within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  5. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, resp. the product has not been returned to the entrepreneur, the purchase is finalized.

Article 7 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the costs for returning the product will be for his account.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the product has already been received back by the webshop. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any diminished value of the product.

Article 8 – Exclusion of right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time befor the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur in accordance with the consumer’s specifications; and
    • which are clearly of a personal nature.

Article 9 – The price

  1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
  4. The prices stated in the offer of products or services include VAT, but exclude shipping costs for countries other than the Netherlands and Germany.
  5. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance and Warranty

  1. The entrepreneur guarantees that the products  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 and / or the relevant government regulations. If agreed on beforehand, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 1 week of delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the factory 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.
  5. The warranty does not apply if:
  • The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
  • The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or handled in contrary to the instructions of the entrepreneur;
  • The defect is wholly or partly the result of regulations that the government has made or makes in the future regarding the nature or quality of the materials used.

Article 11 – Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
  2. The place of delivery is the address that the consumer has made known to the entrepeneur.
  3. With due observance of what is stated in paragraph 4 of this article, the entrepeneur will execute accepted orders expeditiously, 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 or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to other compensation than a refund of the price of the contract.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal can not be excluded for replacement items. The costs of a possible return shipment for a replacement items are for the account of the entrepreneur.
  7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.
  8. The risk of damage and / or loss of products in return shipments rests with the buyer until the moment of receipt by the entrepreneur or a representative announced to the consumer, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products, subject to the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of up to one month.
  3. The consumer can, with regards to the agreements mentioned in the previous paragraphs,:
    • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
    • at least cancel in the same way as the agreement has been entered into by him;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension and duration

  1. A contract that has been concluded for a definite period and that extends to the regular delivery of products may not be automatically extended or renewed for a fixed period.
  2. A contract that has been concluded for a definite period and that extends to the regular delivery of products may only be extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month.
  3. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

  1. Payment is made within 7 working days after the conclusion of the agreement.
  2. The consumer has a duty to, without any delay, inform the entrepeneur of any inaccuracies in payment details provided.
  3. In case of a payment default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that were made and that the consumer was informed about in advance.

Article 14 – Complaints procedure

  1. The entrepreneur has a publicized complaints procedure and handles any complaints in accordance with this procedure.
  2. Complaints must be submitted to the entrepeneur fully and clearly described within 7 days 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 reply within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
  5. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, if possible, replace or repair the products supplied free of charge. If this is not possible, the consumer will receive a refund.

Article 15 – Disputes

Only Dutch law is applicable to the agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This is also the case if the consumer lives in a different country.

Article 16 – Additional or different stipulations

Additional or deviating provisions from these general terms and conditions may not be at the disadvantage 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 data carrier.

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