General Terms and Conditions
Contents:
Article 1 - Definitions
Article 2 - Business identity / entrepreneur
Article 3 - Relevance
Article 4 - Offer
Article 5 - Agreement
Article 6 - Right of withdrawal
Article 7 - Withdrawal costs
Article 8 - Exclusion of the right of withdrawal
Article 9 - Prices
Article 10 - Conformity and warranties
Article 11 - Delivery and execution
Article 12 - Duration of transactions: duration, termination and renewal
Article 13 - Payments
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Supplementary and deviating provisions
Article 17 - General Terms and Conditions / Terms and Conditions for Payments After Delivery
Article 1 - Definitions
In these Terms / Conditions, the following definitions apply:
Consideration period: the period during which the consumer can exercise the right of withdrawal.
Consumer: the natural person who does not act on behalf of a business or profession and enters into a distance contract with the entrepreneur.
Day: calendar day
A length transaction: a distance contract relating to a series of products and services where the delivery obligation and the purchase are spread over a certain period.
Durable medium: any instrument that enables the recipient or the entrepreneur to store information addressed to him personally in a manner that remains accessible for a future period for the purpose of the information and through which the stored information can be reproduced unchanged.
Right of withdrawal: the possibility for the consumer to terminate the distance contract within the cooling-off period.
Entrepreneur: the natural person or enterprise that offers products to consumers remotely.
Distance contract: an agreement based on a system organised by businesses for the distance selling of products and services, including the conclusion of an agreement using one or more techniques for distance communication.
Remote communication technology: a means that can be used to conclude an agreement without the consumer and the trader meeting at the same place at the same time.
Article 2 - Business identity / entrepreneur
Registered company name: STIJL by Amilcar BV
Address: Karel Doormanstraat 358, 3012GR Rotterdam, The Netherlands
Phone number: 010 2136623
Email: info@stijlbyamilcar.nl
Chamber of Commerce number: 54484375
VAT identification number: NL851 323 418 B01
- If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority.
- If the entrepreneur practices a regulated profession:
- The professional association of which the entrepreneur is a member:
- The profession, the location in the EU or in the European Economic Area where this profession is assigned:
A reference to the professional rules applicable in the Netherlands and instructions on where and how to access these professional rules.
Article 3 - Relevance
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of the general terms and conditions is made available to the consumer. If it is not reasonably possible, it is indicated before the distance contract is concluded that the general terms and conditions / conditions can be viewed at the entrepreneur's premises and that, upon request of the consumer, these general terms and conditions / conditions will be sent to the consumer as soon as possible without extra cost.
If the distance contract is concluded electronically, notwithstanding the preceding article and prior to the conclusion of the distance contract, the text of the general terms and conditions may be made available to the consumer electronically so that the text can be easily stored on a durable medium. If this is not reasonably possible, it shall be indicated prior to the conclusion of the distance contract where the consumer can find the general terms and conditions electronically and that these terms and conditions shall be sent to the consumer electronically or otherwise at the consumer's request without additional cost.
In the event that specific product and service conditions also apply in addition to these general terms and conditions, the second and third articles shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may invoke the relevant terms and conditions that are most favorable to the consumer.
Article 4 - Offer
If an offer has limited validity or other specifications, this will be explicitly stated.
The offer contains a complete and accurate description of the products and services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the products/services. The images used by the entrepreneur are a true representation of the products and services. Obvious errors and mistakes do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer which rights and obligations relate to the offer when it is accepted by the consumer. This concerns in particular:
- price including taxes
- possible delivery costs
- the manner in which the agreement was concluded and the necessary signatures
- whether the right of withdrawal is applied
- the method of payment, delivery and execution of the contract
- the deadline 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 for the use of the technology for distance communication are calculated on a basis other than the regular rate for communication
- if the agreement has been archived after conclusion and, if so, how the consumer can consult it
- the manner in which the consumer, before concluding the agreement, can verify the information provided by him in the context of the agreement and, if necessary, also correct it.
- any other languages, including Dutch, for the agreement
- the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult the codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous contract.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe the necessary security measures.
Within the legal framework, the entrepreneur may state or verify whether the consumer is able to meet the payment obligations, and also verify all important facts and factors necessary to establish a valid distance contract. If, based on investigation, the entrepreneur has good reasons not to conclude the agreement, he has the right to justify and refuse an order/request or may attach special conditions to the execution of the offer.
The entrepreneur shall send the following information with the products or services, in writing or in such a way that the consumer can store the data in an accessible manner on a durable medium:
a. The company's address for the consumer to file complaints
b. The conditions and the manner in which the consumer may exercise the right of withdrawal and a clear indication regarding the exclusion of the right of withdrawal.
c. Information about warranties and after-sales services
d. Article 4 paragraph 3 unless the entrepreneur has already sent this information prior to the execution of the agreement.
e. The requirements for termination of the agreement if the agreement has a duration of one year or longer or is of indefinite duration.
In the case of a length transaction, the preceding clause e. applies only to the first delivery.
Article 6 - Right of withdrawal
Delivery of products:
After the purchase of products, the consumer has the option to terminate the agreement without giving reasons for a period of 14 days. The cooling-off period begins on the day after the consumer or a previously designated representative of the consumer has received the product from the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep the product. If he wishes to exercise the right of withdrawal, he must return the product to the entrepreneur with all accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Provision of services:
After the provision of services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, commencing on the day the agreement was entered into.
To exercise the right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur in the offer or ultimately upon the delivery of the service.
Article 7 - Withdrawal costs
If the consumer exercises the right of withdrawal, he is not required to pay more than the costs of returning the product. If the consumer has paid, the entrepreneur must refund this amount as soon as possible, but no later than 14 days after the withdrawal or after the return.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has stated this clearly and, at least in good time, before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products that are manufactured by the entrepreneur according to the consumer's specifications:
b. That they are clearly personal in nature
c. Which cannot be returned due to their nature
d. That can quickly spoil or become outdated
e. The price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence
f. Individual newspapers and magazines
g. For audio and video recordings and computer software where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for the following services:
a. Concerning accommodation, transport, restaurants or spending leisure time on a specific date or during a specific period.
b. The delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired.
c. Betting, bets and lotteries
Article 9 - Prices
During the validity period stated in the offer, the prices of the offered products and services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the preceding paragraph, the entrepreneur may offer products and services with variable prices when these prices are subject to fluctuations on the financial market and the entrepreneur has no influence. This dependence on fluctuations and the fact that the stated prices are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and which are the result of statutory regulations or provisions. Alternatively, the consumer is entitled to terminate the agreement from the day on which the price increase takes effect. The prices stated in the offer include VAT.
Article 10 - Conformity and warranties
The entrepreneur ensures that the products and services comply with the agreement, provides for the specifications stated in the offer, ensures reasonable requirements, soundness and/or usability, and ensures compliance with existing statutory provisions and/or government regulations on the date of incorporation. If agreed, the entrepreneur also ensures that the product is suitable for uses other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not detract from the rights and claims that the consumer may assert against the entrepreneur under the agreement.
Article 11 - Delivery and execution
The entrepreneur shall exercise the greatest possible care in the receipt and execution of orders for products and in the assessment of applications for services.
The address disclosed by the consumer to the entrepreneur is considered the place of delivery.
Taking into account the provisions of Article 4 of the general terms and conditions, the entrepreneur shall execute the accepted orders with due speed but no later than within 30 days, unless a longer period has been agreed.
If delivery is delayed or if a delivery cannot be carried out, or can only be partially carried out, 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 agreement without further costs and is entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after the dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement product available. At least prior to delivery, it will be stated in a clear and understandable manner that a replacement product is being delivered. The right of withdrawal cannot be excluded with regard to replacement products. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise. If you receive a damaged product, you must report this by email within three days. You can send this email to the email address provided at the bottom of this page.
Article 12 - Duration of transactions: duration, termination and renewal
Terminate
The consumer may at any time terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) and services, subject to the applicable termination rules of a notice period of at most one month.
The consumer may at any time terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or service at the end of the fixed period, subject to the applicable notice periods of at most one month.
The consumer can in the agreements in the previous paragraph:
- cancel at any time without restrictions to terminate at a specific time or during a specific period
- at least terminate in the same manner as they were entered into by him
- terminate at any time with the same notice of termination that the entrepreneur obtained for himself.
Expansion
An agreement entered into for a fixed period and which provides for the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
Notwithstanding the preceding paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers, and periodicals may be automatically renewed for a fixed period of three months, provided that the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of one month.
An agreement entered into for a fixed period and intended for the regular delivery of products and services may only be automatically extended for an indefinite period if the consumer cancels at any time with a notice period of at most one month, and a notice period of not more than three months if the agreement is intended for the regular delivery, but less than once a month, of daily newspapers, weekly newspapers, and periodicals.
An agreement entered into for a fixed period and providing for the regular delivery of daily newspapers, weeklies, and magazines (trial and introductory subscription) is not automatically renewed and terminates automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of not more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 Payments
Unless otherwise agreed, the amounts due must be paid by the consumer within 7 days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, the cooling-off period begins after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the agreed payment has been made.
The consumer has the duty to inform the entrepreneur of inaccuracies in the payment details.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs that have been made known to the consumer in advance.
Article 14 - Complaints
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will send an acknowledgment within 14 days and an indication of when the consumer will receive a more detailed answer.
If a complaint cannot be resolved through mutual agreement, there is a dispute that is subject to the dispute resolution procedure.
Article 15 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
In the event of disputes, the consumer may turn to Stichting WebwinkelKeur, which will mediate free of charge. If both parties are unable to reach a solution, the consumer has the option to have their complaint handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The decision of this foundation is binding, and both the consumer and the entrepreneur accept this binding decision.
Article 16 - Supplementary and deviating provisions
Supplementary or deviating provisions from the General Terms and Conditions may not harm the consumer and must be recorded in writing in such a way that the consumer can store them on a durable medium in an accessible manner.
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