Terms and Conditions WEBSHOP
Article 1 – Definitions
In these conditions:
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Day: calendar day;
Transaction duration: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
Durable data carrier: every tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the goal. for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal (right of dissolution): the possibility for the consumer to dissolve the distance contract within the cooling-off period, without giving any reason;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
Model form for withdrawal: the European model form for withdrawal included in appendix I of these conditions;
Article 2 – Identity of the entrepreneur
CRE8 V.O.F.
Westerdoksdijk 597
1013 BX Amsterdam
020-7521883
info@c-r-e-8.nl
CoC number: 70165335
VAT number: 858170310B01
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract that has been concluded between the trader and the consumer, unless the parties expressly and in writing deviate from these general terms and conditions.
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, the entrepreneur before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can a simple way can be 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 at the request of the consumer they will be sent free of charge by electronic means or otherwise.
If one or more provisions in these general terms and conditions are null and void or are nullified, the other provisions of these general terms and conditions remain fully applicable. Instead of the void or voided provisions, conditions will apply that approximate the purpose and intent of the original provisions as much as possible.
The entrepreneur expressly excludes the applicability of any general terms and conditions and / or purchase and / or delivery conditions of the consumer / a business customer.
Article 4 – The offer
If an offer has a limited period of validity – or subject to conditions – this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Colors may sometimes vary slightly depending on the color settings on the computer. The consumer must take this into account. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Entrepreneur is not bound by her offer if there are programming errors, typing errors etc. on her website.
The orders are handled in order of arrival. The site of the entrepreneur is kept up-to-date as well as possible, but it is possible that an article is already reserved because another consumer was just ahead of you. If this is the case, the entrepreneur always sends you a message. However, the consumer remains obliged to accept the purchased items at the moment they are made available.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The contract
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the 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 secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5. At the latest on delivery of the product, the service or digital content, the entrepreneur shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the trader where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
d. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In addition to the applicable legislation and opinions in the case law regarding the conclusion of contracts, the agreement will in any case be concluded by and at the moment of:
a. sending an order confirmation by the entrepreneur to the consumer;
c. accepting an offer or quotation by the consumer;
d. the actual commencement of the activities and / or services by the entrepreneur.
Article 6 – Offers and tenders
1. All offers and quotations from the entrepreneur are without obligation, unless in the
offer or quotation a term for acceptance is mentioned. The entrepreneur is only bound to an offer or quotation if the acceptance thereof is confirmed in writing by the consumer within the period stated in the offer or quotation. If the entrepreneur does not specify a term of acceptance, the offer or quotation will lapse in any case after the expiration of a period of 30 days after the date thereof.
2. Offers do not automatically apply to repeat orders. In addition, offers can not be returned.
3 Contrary to the provisions of article 6: 225 paragraph 2 of the Dutch Civil Code, the entrepreneur is not bound by deviations in the acceptance by the consumer of the offer or quotation of the entrepreneur.
Article 7 – The price
During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
The prices mentioned in the range of products or services are always inclusive of VAT.
Article 8 – Payment
1. With an order you always have to pay in advance by means of the indicated payment options as indicated on the website of the entrepreneur. The order will be shipped as soon as the full amount has been paid and the ordered product is ready.
2. The ordered items remain the property of the entrepreneur until the consumer has met its full payment obligation towards the entrepreneur.
3. The invoice must be paid within two weeks after the invoice date to the bank account of the entrepreneur, as stated on the invoice. If the order has not been paid within 14 days, the entrepreneur is entitled to cancel it and to charge an amount of € 5.00 to the consumer for the administration costs.
4 The Consumer is obliged to notify the entrepreneur immediately of any uncertainties or inaccuracies in the invoice or with regard to the payment details provided or stated – within 3 days at the latest of the order.
5. The consumer is obliged to report any inaccuracies regarding his personal and contact details and / or invoice and delivery address within 3 days after the order to the entrepreneur. Entrepreneur is not responsible for any inaccuracies caused by the consumer.
6. The payment term – as mentioned under paragraph 3 of this article – is a strict deadline. After the expiry of the term, the consumer is in default immediately and without further notice of default. Entrepreneur is entitled to charge credit interest to the consumer according to the statutory interest in force. In addition, the entrepreneur is entitled to hand over the claim for collection and to charge the associated costs including the costs for legal assistance.
Article 9 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification 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 any costs.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment of a replacement item are for the account of 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 pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise. At the time of delivery of the articles, this risk will pass to the consumer. Consumer is then responsible for what happens to the articles.
Any damage must be reported to the entrepreneur without delay, but no later than within 3 days of delivery, with a photograph showing the damage clearly visible. If the consumer does not report the damage sustained during the delivery to the entrepreneur in time, the consumer can not rely on the fact that the damage occurred during the transport and the damage is at its own expense.
If the order contains several items, these will only be sent when the order is complete, unless the consumer explicitly states that certain items must be sent earlier. In that case, the extra costs that go with it are passed on to the consumer.
Article 10 – Conformity and Guarantee
The entrepreneur warrants that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement.
Entrepreneur does not guarantee the products it supplies. A warranty provided by the manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Article 11 – Liability
1 Entrepreneur is only liable for direct damage as a result of – by the consumer to prove – gross negligence or intent of the entrepreneur in the performance of his obligations arising from the agreement concluded between the parties. Entrepreneur is expressly not liable for consequential and consequential loss, which in any case is understood, suffered loss and lost profit.
2 Entrepreneur is not liable for damage that would have been unavoidable in the correct execution (of the services), or that is the result of the urgency required by the circumstances.
3 The entrepreneur is in no way liable for the consequences of the inaccuracy of the information provided by or on behalf of the consumer. Entrepreneur shall also not be liable for inaccuracies or omissions arising from the transmission or transmission of data, delays or errors in the transmission of data, communication disruptions, problems in reaching the consumers / customer specified, (the consequences of) computer , telephone or telefax disruptions, disruptions or disconnections of a fixed line connection, wherever it is caused by.
4 If on the entrepreneur (contractual or legal) any liability should rest, this liability is at all times limited to the amount of the price of the product in respect of which the liability arose.
5. In the event of liability, the consumer must declare the entrepreneur in writing in default.
Article 12 Force majeure
1 Entrepreneur is not obliged to fulfill any obligation, if she is prevented from doing so as a result of a circumstance that is not her fault, nor under the law, a legal act or prevailing opinion for her account.
2 If the force majeure situation lasts longer than three months, both the entrepreneur and the consumer have the right to dissolve the agreement in writing in whole or in part.
3 In case of force majeure, the consumer is not entitled to compensation.
Article 13 – Intellectual Property
The ownership of and all rights of intellectual property rights of the entrepreneur, such as copyrights, patents, trademark rights, design rights, drawings, complaints, as well as rights to a trade name and other industrial property rights, remain at all times with the entrepreneur and may never be copied, reproduced or otherwise used without permission from the entrepreneur.
Consumer (or a business customer) recognizes these rights and will refrain from any direct or indirect infringement of intellectual property rights under penalty of forfeiture of an immediately due and payable fine of € 2,000.00, for each violation to be increased by a fine of € 250.00 for each day (part) that the violation continues, without prejudice to the entrepreneur’s right to performance, compensation and profit.
The consumer (or a business customer) is obliged to report any infringement of third parties on the intellectual property rights of the entrepreneur to the entrepreneur immediately and in writing. The consumer will not act in or out of court against such an infringement in any way, without the written consent of the entrepreneur. In addition, the consumer is obliged to cooperate with measures taken by an entrepreneur against third parties that infringe the intellectual property rights of the entrepreneur.
Article 14 – Right of dissolution or revocation right
When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur. This does not apply to personalizable products.
During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is 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 – if reasonably possible – in the original condition and packaging to the entrepreneur.
When dissolving the agreement, the consumer is obliged to return the products in question within 14 days. This period starts on the day that the consumer makes known his / her right of withdrawal on the method indicated by the entrepreneur. The costs for return are at the expense of the consumer.
The entrepreneur will then return the amount paid by the consumer / buyer within 30 working days after receipt of the returned product, provided that the product concerned is undamaged, not worn, not washed or otherwise clearly used or processed and is provided with the original packaging and tickets.
In case of minor damage to the product (for example a small scratch), the entrepreneur is entitled to deduct (part of) the purchase amount. If the product can no longer be sold due to the damage, the full purchase price will be charged. The extent to which a product is damaged and / or can still be sold to another consumer is for the assessment of the entrepreneur.
Article 15 – Costs in the event of cancellation
If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the cancellation. However, the condition is that the product – in its original condition and packaging – has already been received back by the entrepreneur or conclusive proof of complete return can be submitted to the entrepreneur.
Article 16 – Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for 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 for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
Article 17 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution 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 date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 18. Choice of law / competent court
1 Dutch law applies to all agreements. The provisions of international treaties are expressly excluded to the extent that they do not contain mandatory law.
2 All disputes, of whatever nature, will exclusively be judged by the competent court in the district of The Hague.
Annex I: Model form for withdrawal
Model form for cancellation
Only complete this form and return it by mail if you want to cancel the contract)
CRE8
Westerdoksdijk 597
1013BX Amsterdam
Dear CRE8,
I / We * share / share * hereby inform you that I / we * revoke / revoke our agreement regarding the sale of the following products:
* Delete what is not applicable or fill in what is applicable.
