Terms and Conditions
Effective Date: January 1, 2012
These Terms and Conditions are effective as of January 1, 2012. They complement our Privacy Policy in compliance with the GDPR (General Data Protection Regulation). In the event of discrepancies or gaps between these two documents, the management of Allemaalstickersenzo.nl will decide.
Table of Contents:
Definitions
Identity of the Entrepreneur
Applicability
The Offer
The Agreement
Right of Withdrawal
Costs in Case of Withdrawal
Exclusion of the Right of Withdrawal
The Price
Conformity and Warranty
Delivery and Execution
Duration Transactions
Payment
Complaint Handling
Additional or Different Provisions
Liability
Article 1 - Definitions
Cooling-off period: The period within which the consumer can make use of their right of withdrawal;
Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: Calendar day;
Duration transaction: A distance agreement concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Entrepreneur: The natural or legal person who offers services to consumers remotely;
Distance agreement: An agreement whereby, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the agreement;
Technique for distance communication: Means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same place simultaneously.
Article 2 - Identity of the Entrepreneur
Name: Allemaal Stickers Enzo VOF Email Address: info@allemaalstickersenzo.nl Chamber of Commerce Number: 86051164 VAT Identification Number: NL863845290B01 Bank Details: ABN AMRO IBAN: NL80.ABNA.0564.326.593 in the name of Allemaal Stickers Enzo BIC: ABNANL2A
Article 3 - Applicability
These terms and conditions apply to every offer from the entrepreneur and to every concluded distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, then contrary to the previous paragraph and before the distance agreement is concluded, the text of these terms and conditions can be made available electronically to the consumer in such a way that it can be easily stored by the consumer on a durable data carrier.
Article 4 - The Offer
If an offer has a limited validity period or is made under 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are associated with the acceptance of the offer. This concerns, in particular:
the price including taxes;
any delivery costs;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the rate for distance communication if the costs for using the technique for distance communication are calculated on a different basis than the regular base rate for the used communication means;
All information on this webshop is created with the greatest possible accuracy, errors and price changes are reserved. The customer cannot derive any rights from possible errors.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will enclose the following information with the product or service to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information on guarantees and existing after-sales services; d. 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; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of Withdrawal For product delivery:
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This does not apply to custom-made wall stickers, as these are specially produced for you after purchase.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they want to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition
translate this text below the same way: Artikel 7 - Kosten in geval van herroeping 1. Indien de consument gebruik maakt van zijn herroepingsrecht, komen de kosten van terugzending voor zijn rekening. 2. Indien de consument een bedrag betaald heeft, zal de ondernemer dit bedrag zo spoedig mogelijk, doch uiterlijk binnen 30 dagen na de terugzending of herroeping, terugbetalen. Artikel 8 - Uitsluiting herroepingsrecht 1. De ondernemer kan het herroepingsrecht van de consument uitsluiten voor zover voorzien in lid 2 en 3. De uitsluiting van het herroepingsrecht geldt slechts indien de ondernemer dit duidelijk in het aanbod, althans tijdig voor het sluiten van de overeenkomst, heeft vermeld. 2. Uitsluiting van het herroepingsrecht is slechts mogelijk voor producten: a. die door de ondernemer tot stand zijn gebracht overeenkomstig specificaties van de consument; b. die duidelijk persoonlijk van aard zijn; (bijv. op maat gemaakte stickers) Artikel 9 - De prijs 1. Gedurende de in het aanbod vermelde geldigheidsduur worden de prijzen van de aangeboden producten en/of diensten niet verhoogd, behoudens prijswijzigingen als gevolg van veranderingen in btw tarieven. 2. In afwijking van het vorige lid kan de ondernemer producten of diensten waarvan de prijzen gebonden zijn aan schommelingen op de financiële markt en waar de ondernemer geen invloed op heeft, met variabele prijzen aanbieden. Deze gebondenheid aan schommelingen en het feit dat eventueel vermelde prijzen richtprijzen zijn, worden bij het aanbod vermeld. 3. We hebben een minimaal orderbedrag inclusief verzendkosten, dit hebben we in moeten voeren omdat een lager orderbedrag niet rendabel is ivm betaal/verzenden/administratie- en behandelingskosten. Artikel 10 - Conformiteit en Garantie 1. De ondernemer staat er voor in dat de producten en/of diensten voldoen aan de overeenkomst, de in het aanbod vermelde specificaties, aan de redelijke eisen van deugdelijkheid en/of bruikbaarheid en de op de datum van de totstandkoming van de overeenkomst bestaande wettelijke bepalingen en/of overheidsvoorschriften. Indien overeengekomen staat de ondernemer er tevens voor in dat het product geschikt is voor ander dan normaal gebruik. 2. Een door de ondernemer, fabrikant of importeur verstrekte garantie doet niets af aan de wettelijke rechten en vorderingen die de consument op grond van de overeenkomst tegenover de ondernemer kan doen gelden.
Certainly! Here’s the translated and rephrased text for your 'Terms and Conditions':
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has paid any amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal as far as provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, at least before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products: a. that are created by the entrepreneur according to the consumer's specifications; b. that are clearly personal in nature (e.g., custom-made stickers).
Article 9 - The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices, whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control. This dependency on fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
We have a minimum order amount including shipping costs, which we have had to implement because a lower order amount is not feasible due to payment/shipping/administration and handling costs.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce under the agreement against the entrepreneur.
Article 11 - Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is deemed to be the address that the consumer has made known to the company.
In accordance with Article 4 of these general terms and conditions, the company will execute accepted orders with due speed (if in stock, within 48 hours) but no later than 14 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified no later than 5 days after placing the order.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. No later than the time of delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The cost of any return shipment is 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 pre-designated and announced representative, unless expressly agreed otherwise.
Article 12 - Duration Transactions
The consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed termination rules and a notice period of no more than one month.
An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that the agreement will be extended silently by the consumer, the agreement will continue as an agreement for an indefinite period, and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this term begins after the consumer has received the confirmation of the agreement.
When selling products to consumers, advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints Procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
Article 16 - Liability
In case of damage, in any way whatsoever, the Entrepreneur as mentioned in Article 2, is liable up to the order amount for a specific order. Any damage above that amount can never be recovered from the Entrepreneur.
