General Terms and Conditions
Article 1 Definitions
In these conditions, the following terms are understood to mean:- Day: calendar day;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into an agreement with the entrepreneur;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers, whether or not at a distance;
- Agreement: an agreement between the consumer and the entrepreneur, whereby mutual rights and obligations are entered into;
- Distance Agreement: an agreement whereby, in the context of a system organized by the entrepreneur for the sale of products and/or services at a distance, 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 entrepreneur being simultaneously in the same space;
- Termination: the possibility for the consumer to cancel the agreement within the cooling-off period;
- Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
- Cooling-off period: the period within which the consumer can make use of the possibility of termination or withdrawal.
Article 2 Identity of the Entrepreneur
To be defined V.O.F.Velperweg 115
6824 HJ Arnhem
KvK number: 75034565
Article 3 Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded between the entrepreneur and the consumer. Before the agreement is concluded, the text of these general 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 general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's request. If the distance agreement is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer in deviation from the previous paragraph and before the distance agreement is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.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. 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 representation of the offered products. For natural materials (e.g., wood), images are subject to the natural variation in the material. Obvious mistakes or errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:- The price including taxes;
- Any costs of delivery;
- The method by 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, or execution of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The way in which the consumer can check and correct the information provided by him under the agreement before the conclusion of the agreement if desired.
Article 5 The Agreement
The agreement, subject to the provisions of article 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein. 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, the consumer can terminate 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur will include the following information with the product or service 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 data carrier:- The address of the entrepreneur's business where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal in the case of a distance agreement, or a clear statement regarding the exclusion of the right of withdrawal;
- The conditions under which and the manner in which the consumer can terminate the agreement, or a clear statement regarding the exclusion of the possibility of termination.
Article 6 Termination
The consumer has the possibility to terminate the agreement. This termination can only take place in writing, within 8 days after the conclusion of the agreement, but not after delivery has taken place. The consumer is obliged to compensate the entrepreneur for all damage suffered by him as a result of the termination within 10 days of termination. This damage is set at 20% of the sale value of the agreement unless the parties have agreed on a lower percentage when concluding the agreement. Termination of an agreement, whereby products have been ordered or manufactured for the consumer by the entrepreneur at the express request of the consumer and for which full prepayment has been requested from the consumer, is not possible.Article 7 Right of Withdrawal in the Case of a Distance Agreement
When purchasing products, the consumer has the option to terminate the distance agreement without giving reasons for 30 days. This period starts on the invoice date. During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging, within 30 days of the invoice date, to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.Article 8 Costs in the Case of Withdrawal
If the consumer exercises his right of withdrawal, the maximum cost of return shipping will be at his expense. If a consumer exercises his right of withdrawal but does not return the entire order, both the (possible) shipping costs and the return shipping costs will be at his expense. 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 return or withdrawal.Article 9 Exclusion of Right of Withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for the following products:- That have been created by the entrepreneur in accordance with the specifications of the consumer;
- That are clearly personal in nature;
- That cannot be returned due to their nature.
Article 10 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 resulting from changes in VAT rates. If a price is mistakenly listed incorrectly on the entrepreneur's website and this has been communicated to the consumer in writing by the entrepreneur, the consumer has the right to cancel the order or have the order executed at the correct price. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. The prices mentioned in the offer of products are inclusive of VAT.Article 11 Sizes
All our items are handmade. All sizes are approximate and give an indication of the actual sizes. Sizes may therefore vary slightly between different variants of a product. This is not a reason for a refund.Article 12 Delivery
The entrepreneur will take the utmost care when executing the agreement. The place of delivery is the address that the consumer has made known to the entrepreneur. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 14 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. In the event of termination 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 14 days after termination. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise. Delivery to PO boxes, reply numbers, and NAPO addresses (military addresses) is excluded.Article 13 Payment
Payment must be made in advance, by bank. The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs made known to the consumer in advance.Article 14 Exchange and Return in the Case of an Agreement (not at a distance)
When purchasing products, the consumer has the option to exchange or return products for 14 days; this period starts on the invoice date. If he wants to use the option to exchange or return products, he will return the product, provided with the original (digital) invoice or proof of purchase together with all delivered accessories in the original condition and packaging, to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receipt of the return.Article 15 Exclusions Exchange and Return
Excluded from the possibility of exchange or return are products:- That have been created by the entrepreneur in accordance with the specifications of the consumer;
- That have been ordered for the consumer at the express request of the consumer and for which the entrepreneur has requested full payment from the consumer in advance;
- That are clearly personal in nature;
- That cannot be returned due to their nature. This includes products that cannot be returned for health protection or hygiene reasons.