Conditions Générales de Vente
Contents
Terms & Conditions
Article 1 - Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Scope of application
Article 4 – The offer
Article 5 – Conclusion of agreement
Article 6 – Right of withdrawal
Article 7 - The price
Article 8 - Compliance and warranty
Article 9 - Delivery and execution
Article 10 - Payment
Article 11 - Complaint procedure
Article 12 - Disputes
Article 13 - Personal data protection
Article 14 - Additional or deviating provisions
Article 1 - Definitions
The terms used in these general terms and conditions are defined as follows:
1. Cooling-off period: the period which the customer can make use of his right of withdrawal;
2. Customer: the natural person not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Right of withdrawal: the possibility for the customer to –within the cooling off period- opt out of the distance contract;
5. Model form: the model form that the entrepreneur makes available to the customer and that the customer can fill in when he wishes to exercise his right of withdrawal;
6. Entrepreneur: the natural or legal person who offers products and / or services to customers at a distance;
7. Distance contract: a contract which is concluded within the framework of an organized system for the entrepreneur, with the use of one or more means of distance communication;
8. Technology for distance communication: means that can be used to conclude a contract, without the customer and the entrepreneur are met simultaneously in the same location.
9. Terms and conditions: the applicable general Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Celtic WebMerchant BV
Address: Marisstraat 8a / 3364 AZ / Sliedrecht / The Netherlands
Telephone number: 0031-6 29 24 5167 (14.00-17.00 CET)
E-mail address: [email protected]
Chamber of Commerce number: 87703211
VAT identification number: NL864375803B01
Article 3 – Scope of application
1. These Terms and Conditions apply to every offer of the entrepreneur and any distance agreement or order between the entrepreneur and the customer.
2. Before the distance agreement is concluded, the text of these Terms and Conditions will be made available to the customer. If this is not reasonably possible, then before the distance contract is concluded, the entrepreneur will indicate that the can be reviewed and at the request of the customer will be sent free of charge and as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions can be made available to the customer by electronic means in such a way that the customer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Conditions by electronics means can be found and that the, at the customer’s request, by electronic means or otherwise will be sent free of charge.
4. In addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the customer can, in the event of conflicting terms and conditions, always relay on the applicable provision that is most favourable to him.
5. When one or more provisions of these conditions are void or destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant provision will be replaced by a provision that covers the original as much as possible.
6. From what is determined in these terms and conditions can only be deviated in written form, in which case the other determinations remain valid unabbreviated.
7. Situations that are not governed in these Terms and Conditions, should be assessed ‘in spirit’ of these terms and conditions.
8. Lack and clarity about the interpretation or content of on e or more provisions of our Terms and Conditions, must be explained ‘tot the spirit’ of these Terms and Conditions.
Article 4 – The offer
1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed to a proper assessment of the offer by the customer as possible. If the entrepreneur uses illustrations, these are a true reflection of the products/services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Product images are a truthful depiction of the offered products. The entrepreneur cannot guarantee that the depicted colours match exactly the real colours of the products.
6. Every offer will contain such information that it is clear to the customer what rights and obligations are involved in accepting the offer. This concerns in particular:
o the price including taxes;
o the height of any shipping costs;
o the way in which the contract shall be concluded and which actions this will require;
o whether or not the right of withdrawal applies;
o the arrangements for payment, delivery and execution of the agreement;
o the deadline for accepting the offer, or the period within which the entrepreneur guarantees the offered price;
o the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
o whether the agreement is filed subsequent to its conclusion, and if so how the customer can consult it;
o the way in which the customer can rectify the information provided under the agreement, before the conclusion of the agreement;
o other languages, beside Dutch, an agreement can be entered;
o code of Conduct which entrepreneur has to conform and instructions where the customer can find the Code of Conduct digital; and
o the minimum duration of the distance agreement of a duration transaction.
7. Possible taxes or charges levied by the Customs when importing the products of the entrepreneur shall be borne by the customer.
Article 5 – Conclusion of agreement
1. The agreement is subject to the provisions of paragraph 4 of this article, concluded at the time the customer accepts the offer and comply with the corresponding conditions.
2. If the customer has accepted the offer electronically, confirms entrepreneur by electronic means receipt of the order without delay. As long as the order is not confirmed by the entrepreneur, the customer may rescind or cancel the agreement free of charge.
3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can-within statutory frameworks- inquire about the customer's ability to fulfill his payment obligations, as well as facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons does not enter into the agreement, he is entitled to refuse an order or request special conditions.
5. The entrepreneur will add to the product or service the following information, in writing or in such a way that the customer can store it on an accessible durable medium:
a. the visiting address of the entrepreneur where the customer can go to in case of complaints;
b. the conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after-sales service and guarantees;
d. the conditions in article 4 paragraph 3 of these recorded data, unless the entrepreneur has already provided the customer with this data before the implementation of the contract;
6. In the event of a duration transaction the previous paragraph applies only to the first delivery.
7. Orders with a certain minimum order value can be shipped for free as described on the page Delivery & pick-up. The free shipping service is offered as an experiment for an indefinite period of time. The expiration of the experiment is announced in advance through the newsletter of the entrepreneur.
8. Any agreement or order is entered under the condition of sufficient availability of the products.
Article 6 – Right of withdrawal
1. In the event of a purchase, a customer has the possibility to dissolve the agreement for 14 days without giving any reason. This period commences on the day following receipt of all products by the customer or a by the customer announced representative.
2. During the reflection period, the customer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will have the product and if reasonably possible - in the original condition and packaging returned to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the customer wants to use his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. He can do so via e-mail, optionally using the standard form. After the customer expressed wanting to make use of his right of withdrawal, the customer shall return the product within 14 days to the entrepreneur. The customer must prove that the products are returned in a timely manner, for example by means of a proof of shipment.
4. If the customer at the end of the statutory period in paragraph 2 and 3 of this article has not expressed to want to make use of his right of withdrawal or the product has not been returned to the entrepreneur, the sale is a fact.
5. If the customer exercises his right of withdrawal, the costs of return only are for the account of the customer.
6. The customer is responsible for the wrapping an item to be returned securely and safely, before it is given to the transport service, so as to avoid damage during transport.
7. A products is only considered “returned”, if it is delivered undamaged and unused to the entrepreneur. Before the receipt by the entrepreneur, the returned product is still the property of the customer. The entrepreneur does not accept returns that are damaged during transport from the customer to the entrepreneur.
8. If the customer has paid an amount, the entrepreneur shall ensure that within 14 days after the customer expressed wanting to make use of his right, the full amount is refunded to the customer, provided that the return is received by the entrepreneur, or sufficient proof of complete return is given.
9. The entrepreneur can exclude the right of withdrawal of the customer as far as provided for in paragraph 2 and 3 of this article. The exclusion of the right of withdrawal is valid only if the entrepreneur states this clearly in the offer, at least in time for the conclusion of the agreement.
10. Exclusion of the right of withdrawal is only possible for products:
a. That the entrepreneur has established in accordance with the customer’s specifications ('custom work');
b. That are clearly personal in nature;
c. That cannot be returned due to their nature;
d. That rapidly decay or date;
e. The price of which is subject to fluctuations on the financial market on which the entrepreneur has no influence;
f. Hygiene products that are sealed, the seal of which has been broken by the customer.
Article 7 - The price
1. During the period mentioned in the offer, the prices of the offered products/services do not increase, except for prices changes due to changes in VAT rates.
2. Contrary to the previous paragraph the entrepreneur can offer products whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, with variable prices. These fluctuations and the fact that any prices are variable will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
4. Prices increases form 3 months after the contract was concludes are only allowed if agreed upon beforehand with the entrepreneur and:
a. they are the result of statutory regulations or provisions; or
b. the customer has the power to terminate the contract on the day on which the prices increase takes effect.
5. All prices mentioned are inclusive of VAT.
6. All prices are subject to misprints. The entrepreneur is not liable for misprints. The entrepreneur is not obligated to deliver the product according to the incorrect price in case of misprints.
Article 8 - Compliance and warranty
1. When accepting the agreement, the customer declares to be eighteen (18) years or older.
2. The entrepreneur is not responsible for the historical accuracy of the products on offer.
3. The entrepreneur guarantees that the products and/or services fulfil the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provision and/or Government regulations. If agreed the entrepreneurs also states that the product is suitable for other than normal use.
4. The entrepreneur has the right to refuse an agreement, when a product from the agreement conflicts with the law of the country of delivery.
5. When entering the agreement, the customer declares that he will use the product in a legal way. The entrepreneur shall indemnify itself from damage caused by unlawful use of a delivered product.
6. A warranty by the entrepreneur, manufacturer or importer does not alter the legal rights and claims that the customer can assert under the agreement with the entrepreneur.
7. Any defects or wrong products delivered must be reported in writing to the entrepreneurs within 4 weeks after delivery. Return of the products must be made in the original packaging and new state.
8. The warranty period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
9. The guarantee does not apply if:
o The delivered goods have been repaired and/or modified by third parties and/or the customer;
o The delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
o The inferior quality in whole or in part is the result of rules that the Government has asked or will ask about the nature or quality of the materials used;
o The product needs to be repaired and/or replaced due to normal wear and tear.
Article 9 - Delivery and execution
1. The entrepreneur will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.
2. The place of delivery is the address that the customer has notified to the entrepreneur.
3. Accepted orders will be sent promptly but no later than 30 days after order message, unless the customer has given permission that a longer delivery period is complied with. If delivery is delayed, or if an order is not or only partially carried out, the customer will receive a message and has the right to terminate the contract without penalty. The customer has no right to compensation.
4. All delivery times are indicative. The customer cannot derive any right from the mentioned delivery times. Exceeding a term gives customers no right to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount which the customer has already paid as soon as possible but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement product.
7. The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the customer or a representative appointed by the customer and made known to the entrepreneur in advance, unless otherwise expressly agreed.
8. To the delivery obligation by the entrepreneur is met, once the order is offered to customer once.
Article 10 - Payment
1. As far as not agreed otherwise, the amounts owed by the consumer shall be paid within 7 days after the start of the withdrawal period referred to in article 6, section 1.
2. The customer has the duty to report inaccuracies in payment data provided or stated without delay to the entrepreneur.
3. In case of non-payment subject to statutory limitations, the entrepreneur has the right to charge reasonable costs, announced to the customer in advance.
Article 11 - Complaint procedure
1. The entrepreneur has a complaints procedure and handles complaints by filling out the complaints procedure.
2. Complaints about the performance of the agreement should be fully and clearly described and submitted to the entrepreneur within 7 days after the customer has found the flaws.
3. Complaints are handled within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the supplier will answer within the term of 14 days, with a notification of receipt and an indication when the customer can expect a more detailed answer.
4. If a complaint cannot be solved in mutual consultation, this results in a dispute that is eligible for a dispute settlement.
5. In case of complaints, the customer should first contact the supplier. In case of complaints that cannot be solved by mutual consultation, the customer can contact the foundation WebwinkelKeur (www.webwinkelkeur.nl), which will act as an intermediary. If a solution is not found, the customer has the right to hand over his complaint to an independent dispute commission, appointed by foundation WebwinkelKeur, their decision is binding and both entrepeneur and customer agree to this binding decision. The costs for handing over this complaint to the dispute commission will be paid by the customer to the dispute commission. It is also possible to announce complaints via the European ODR platform (http://ec.europa.eu/odr). This will act as an intermediary in the dispute.
6. A complaint does not suspend the supplier's obligations, unless the supplier indicates otherwise in writing.
7. If a complaint is found legit by the supplier, the supplier will either replace or repair the supplied products without costs.
Article 12 - Disputes
1. Dutch law shall apply exclusively to any agreement between the entrepreneur and the customer, even if the customer lives abroad.
2. The Vienna Sales Convention shall not apply.
Article 13 - Personal data protection
1. For the execution of an order it is necessary to collect and save personal data in the screen “Address information”. The entrepreneur respects the privacy of all users of the site and sees to it that the personal data provided is treated confidentially. The entrepreneur uses the customer's data to execute the orders as soon and easy as possible. For the remaining the entrepreneur will use your data only with the customer's permission.
2. The entrepreneur will only make the customer's data available for third parties that are involved with the execution of the agreement.
Article 14 - Additional or deviating provisions
Additional derogations from these general terms and conditions must not be to the detriment of the customer and should be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by customer.