General conditions

General Conditions De Poppenkraal / Leander Ornaments / Xavian Miniatures

 

 

Table of contents:

Article  1 - Definitions

Article  2 – Identity of the enterprise

Article  3 – Applicability

Article  4 – The offer

Article  5 – The agreement

Article  6 – Right of revocation

Article  7 – Costs in case of revocation

Article  8 – Exclusion right of revocation

Article  9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and implementation

Article 12 – Extended transactions: duration, cancellation, and extension

Article 13 – Payment

Article 14 – Complaints mechanism

Article 15 – Disputes

Article 16 – Additional or deviating provisions

 

 

Article 1 - Definitions

In these conditions is intended by:

 

  1. Reflection period: the term within which the consumer can make use of his right of revocation;
  2. Consumer: the natural person not acting from the exercise of a profession or business who enters into a distance agreement with the entrepreneur;
  3. Day: calendar day;
  4. Continuing performance contract: a distance agreement with regard to a series of products and/or services, the delivery- and/or purchase obligation is spread out over time;
  5. Durable data carrier: every means which enables the consumer or entrepreneur to store information intended for him personally in a manner which renders possible future perusal and unaltered reproduction of the stored information;
  6. Right of revocation: the possibility for the consumer to abandon the agreement within the reflection period;
  7. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  8. Distance agreement: an agreement whereby use is made in the context of a system for the sale of products and/or services at a distance organised by the entrepreneur, exclusively of one or more techniques for communications at a distance up to and including the moment of concluding the agreement;
  9. Technique for communications at a distance: means which can be used to conclude an agreement, without the consumer and entrepreneur having convened in the same place simultaneously;
  10. General Conditions: the underlying General Conditions of the entrepreneur.

 

 

Article 2 – Identity of the entrepreneur

De Poppenkraal / Leander Ornaments/ Xavian Miniatures;

  • Established on Doelenstraat 71 (2282 NX) in Rijswijk (the Netherlands);
  • E-mail address: poppenkraal@gmail.com;
  • CoC-number: 27261124;
  • VAT-identification number: 182393689.B01.

 

 

 

Article 3 – Applicability

  1. These general conditions are applicable to every offer of the entrepreneur and to each concluded distance agreement and orders between entrepreneur and consumer/buyer who also acts on behalf of a business, further to be called buyer.
  2. Before the distance agreement is concluded, the text of these general conditions is provided to the consumer/buyer. If such is not reasonably possible, it will be indicated before the distance agreement is concluded that the general conditions can be perused at the entrepreneur and that they are forwarded as soon as possible free of charges upon request of the consumer/buyer.
  3. If the distance agreement is concluded electronically, in derogation to the previous section and before the distance agreement is concluded, the text of these general conditions can be provided to consumer/buyer through electronic channels in such a manner that it can be stored in a simple manner on a durable data carrier. If such is not reasonably possible it will be indicated before the distance agreement is concluded where the general conditions can be perused through electronic channels and that they will be forwarded upon request of the consumer/buyer through electronic channels or in another manner free of charges.
  4. In the event besides these general conditions also specific product conditions are applicable, the second and third section are correspondingly applicable, and the consumer/buyer can in the event of conflicting general conditions always appeal to the applicable condition which is most favourable for him.
  5. If one or more provisions in these general conditions at any time are completely or partially void or annulled, then the agreement and these conditions otherwise remain effective and the relevant provision will through mutual consultation be replaced by a provision which approximates the tenor of the original one as much as possible.
  6. Situations which have not been provided for in these general conditions must be assessed according to ‘the spirit’ of these general conditions.
  7. Ambiguities regarding the interpretation or substance of one or more provisions of our conditions must be interpreted ‘in the spirit’ of these general conditions.

 

Article 4 – The offer

  1. If an offer has a limited validity period or occurs under conditions, such is expressly stated in the offer.
  2. The offer is non-committal. The entrepreneur has the right to later and modify the offer.
  3. The offer is a complete and precise description of the offered products. The description is sufficiently detailed to enable a sound assessment of the offer by the consumer/buyer. If the entrepreneur makes use of pictures, these are a faithful representation of the offered products. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
  4. All pictures, specifications, data in the offer are an indication and cannot constitute grounds for compensation of damages or rescission of the agreement.
  5. Pictures next to products are a faithful representation of the offered products. The entrepreneur cannot guarantee that the depicted colours exactly correspond with the actual colours of the products.
  6. Every offer contains such information that it is clear to the consumer/buyer what the rights and obligations are which are associated with acceptance of the offer. This especially regards:
    • the price including taxes;
    • such shipping costs as may apply;
    • the manner in which the agreement will be adopted and what actions will be required for this;
    • whether or not the right of revocation is applicable;
    • the manner of payment, delivery, and implementation of the agreement;
    • the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
    • such other languages in which, besides Dutch, the agreement can be concluded;
    • the minimal duration of the distance agreement in case of a continuing performance contract;
    • the available dimensions, colours, type of materials.

 

Article 5 – The agreement

  1. The agreement is adopted, without prejudice to what is stipulated in section 4, at the moment of acceptance by the consumer/buyer of the offer and of fulfilment of the conditions thereby stipulated.
  2. If the consumer/buyer has accepted the offer through electronic channels, the entrepreneur forthwith confirms through electronic channels the receipt of the acceptance of the offer. As long as the receipt of the acceptance has not been confirmed by the entrepreneur, the consumer/buyer can rescind the agreement.
  3. If the agreement is adopted electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transmission of data and procures a safe web environment. If the consumer/buyer can pay electronically, the entrepreneur will observe appropriate security measures for that purpose.
  4. The entrepreneur can ascertain – within a legal framework – whether the consumer/buyer is able to fulfil his payment obligations, as well as all such facts and factors as are important for the responsible adoption of the distance agreement. If the entrepreneur has legitimate grounds based on this investigation not to enter into the agreement, he has the right to refuse in a motivated fashion an order or application, or to subject the implementation to special conditions.
  5. The entrepreneur will send along with the product the following information to the consumer/buyer, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur where the consumer/buyer can turn to with complaints;

b. the conditions under and the manner in which the consumer/buyer can exercise the right of revocation, or otherwise a clear statement of the right of revocation being excluded;

c. the information on guarantees and existing service after purchase;

d. the information included in article 4 section 3 of these conditions, unless the entrepreneur has already provided this information to the consumer/buyer prior to the implementation of the agreement;

e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or has an unlimited term.

  1. In case of a continuing performance contract, the provisions in the preceding section exclusively applies to the first delivery.
  2. Every agreement is adopted under the suspensory conditions of sufficient availability of the relevant products.

 

 

Article 6 – Right of revocation

In case of the delivery of products:

  1. In case of the purchase of products, the consumer/buyer has the option of rescinding the agreement without stating grounds for a period of 14 days. This reflection period enters into effect on the day after receipt of the product by the consumer/buyer or by a representative designated beforehand by the consumer/buyer and announced to the entrepreneur.
  2. During the reflection period, the consumer/buyer will handle the product and its packaging with care. He will only unwrap or use the product to such extent as is necessary to assess whether he wishes to keep the product. If he exercises his right of revocation, he will return the product with all enclosed accessories and – if reasonably possible – in the original state and packaging to the entrepreneur, in conformity with the reasonable and clear instructions provided by the entrepreneur. Earrings cannot be returned after the consumer/buyer has put them on for reasons of hygiene.
  3. In case the consumer/buyer wishes to exercise his right of revocation, he is obliged to announce this within 14 days after receipt of the product to the entrepreneur. This announcement must be made by the consumer by way of the sending of an e-mail to the entrepreneur. After the consumer/buyer has announced he wishes to exercise his right of revocation, the client must send back the product within 14 days. The consumer/buyer must prove that the delivered matters are sent back on time, for example by way of a proof of shipment.
  4. If the consumer/buyer after the end of the terms mentioned in section 2 and 3 has not made it known he wishes to exercise his right of revocation and/or has not sent back the product to the entrepreneur, the purchase has become effective.

Article 7 - Costs in case of revocation

  1. If the consumer/buyer exercises his right of revocation, at most the cost of reshipment is borne by him.
  2. If the consumer/buyer has paid an amount, the entrepreneur will refund this amount as soon as possible, though no later than within 14 days after revocation. Condition thereby is, though, that the product has already been received back by the web shop, or conclusive proof of complete return shipment can be presented. Refunding will take place by way of the same payment method which was used by the consumer/buyer, unless the consumer/buyer expressly approves another payment method.
  3. In case of damaging of the product as a result of careless handling by the consumer/buyer himself, the consumer himself is liable for such reduction of value of the product as has occurred.

 

 

Article 8 – Exclusion right of revocation

  1. The entrepreneur can exclude the right of revocation of the consumer for products as described in section 2 and 3. The exclusion of the right of revocation only applies if the entrepreneur has clearly indicated this in the offer, or at least timely before conclusion of the agreement.
  2. Exclusion of the right of revocation is only possible for products:

a. realised by the entrepreneur in accordance with specifications of the consumer/buyer;

b. which are clearly personal in nature;

c. which cannot be sent back due to their nature;

d. for hygienic products the seal of which the consumer has broken.

 

 

Article 9 – The price

  1. During the validity period indicated in the offer, the prices of the offered products and/or services are not increased, barring price increases as a result of changes to VAT-rates.
  2. Price increases within 3 months after adoption of the agreement are only permitted if they are the result of legal arrangements or provisions.
  3. Price increases as from 3 months after adoption of the agreement are only permitted if the entrepreneur has stipulated such and:

a. they are the result of legal arrangements or provisions; or

b. the consumer/buyer has the authority to cancel the agreement as from the day on which the price increase enters into effect.

  1. The prices mentioned in the offer of products or services are inclusive of VAT.
  2. All prices are subject to typing and printing errors. No liability is accepted for the consequences of typing and printing errors. In case of typing and printing errors, the entrepreneur is not obliged to deliver the product in accordance with the erroneous price.

 

 

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services are compliant with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of adoption of the agreement. This with the comment that this guarantee is issued to the extent the products are applied for use which can and may be normally expected of the products. It is hereby expressly stated that the products of the entrepreneur are not intended for oral use, for children under 16 and/or to apply physical mutilations.
  2. A guarantee issued by the entrepreneur, manufacturer, or importer does not impair the legal rights and claims which the consumer can bring to bear towards the entrepreneur pursuant to the agreement.
  3. Any possible defects or erroneously delivered products must be reported to the entrepreneur within 2 weeks after delivery in writing. Return shipping of the products must take place in the original packaging and as new. In case of any possible defects, the consumer/buyer must send pictures of the noted defects to the products.
  4. The entrepreneur, however, is never responsible for the ultimate suitability of the products for every individual application by the consumer/buyer, nor for any possible advice with regard to the use or the application of the products. Nor is the entrepreneur liable for any possible consequences of allergies, as all required information regarding the products are indicated to the consumer/buyer.
  5. The warranty is not effective if:
  • The consumer/buyer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
  • The entrepreneur points out to consumer/buyer that when drilling in and sanding on synthetic resin components, poisonous vapor may be released. Such actions, therefore, are completely at the own risk of consumer/buyer if he decides, nevertheless, to carry out such activities.
  • The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly/incorrectly or have been handled in violation of the instructions of the entrepreneur and/or those indicated on the packaging;
  • The unsoundness is completely or partially the result of requirements established by or such as will be established by the authorities with regard to the nature or the quality of the materials used.

 

 

Article 11 – Delivery and implementation

  1. The entrepreneur will observe the greatest possible care when receiving and implementing orders for products.
  2. Applicable as place of delivery is the address which the consumer/buyer has communicated to the company.
  3. With due regard for what is stipulated concerning in section 4 of this article, the company will carry out accepted orders with due speed though in any case within 30 days, unless consumer/buyer has approved a longer delivery term. If the delivery encounters delays, or if an order cannot or can only partially be carried out, the consumer/buyer receives notice regarding no later than 30 days after he has placed the order. The consumer/buyer in such case has the right to rescind the agreement without costs. The consumer/buyer will in such case not be entitled to compensation.
  4. All delivery terms are indicative. The consumer/buyer cannot derive any rights from such terms as are mentioned. The overrunning of a term does not confer the right to compensation to the consumer/buyer.
  5. In case of rescission in conformity with section 3 of this article, the entrepreneur will refund the amount which the consumer/buyer has paid as soon as possible, though in any case within 14 days after rescission.
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur will exert himself to provide a substitute item. No later than upon delivery will be stated in a clear and understandable manner that a substitute item is delivered. For substitute items, the right of revocation cannot be excluded. The costs of any possible return shipment are borne by the entrepreneur.
  7. The risk of damaging and/or the going missing of products lies with the entrepreneur until the moment of delivery to the consumer/buyer or such representative as has been designated beforehand and announced to the entrepreneur, unless expressly established otherwise.

 

 

Article 12 – Extended transactions: duration, cancellation, and extension

Cancellation

  1. The consumer/buyer can cancel an agreement entered into for an unlimited time and which stipulates the regular delivery of products at all times, with due regard for the cancellation rules established for that purpose and a notice period of at most one month.
  2. The consumer/buyer can cancel an agreement entered into for a fixed period and which stipulates the regular delivery of products at all times against the end of the fixed period with due regard for the cancellation rules established for that purpose and a notice period of at most one month.

Extension

  1. An agreement which is entered into for a fixed period and which stipulates the regular delivery of products will be extended tacitly by the same term as that of the agreement.
  2. An agreement which is entered into for a fixed period and which stipulates the regular delivery of products or services may only be tacitly extended for an unlimited time if the consumer/buyer may cancel at all times with due regard for a notice period of at most one month.                                Duration
  3. If an agreement has a duration of more than one year, the consumer/buyer may cancel the agreement at all times after one year with a notice period of no more than one moth, unless reason and fairness oppose cancellation before the end of the established duration.

 

 

Article 13 – Payment

  1. To the extent not established otherwise, the amounts owed by the consumer/buyer must be settled forthwith upon adoption of the agreement.
  2. The consumer/buyer has the obligation to forthwith report inaccuracies in the provided or stated payment details to the entrepreneur.
  3. In case of non-payment on the part of the consumer/buyer, the entrepreneur has the right, barring statutory limitations, to bill such reasonable costs as have been announced to the consumer/buyer beforehand.

 

 

Article 14 – Complaints mechanism

  1. Complaints about the implementation of the agreement must be submitted, complete and clearly described, within 7 days after the consumer/buyer has noted the defects to the entrepreneur.
  2. Complaints submitted to the entrepreneur are answered within a 14-day term, counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur answers within the 14-day term with a message concerning receipt and an indication of when the consumer/buyer can expect a more elaborate answer.
  3. In case of complaints, a consumer/buyer must always address the entrepreneur first.
  4. A complaint does not suspend the obligations of the entrepreneur and consumer/ buyer.
  5. If a complaint is found legitimate by the entrepreneur, the entrepreneur will at his option either replace the delivered products or repairs them free of charges.

 

 

Article 15 – Disputes

  1. To agreements between the entrepreneur and the consumes which these general conditions are in regard to, exclusively Netherlands legislation is applicable. Also in case the consumer resides abroad.
  2. The Vienna Commercial Convention is not applicable.

 

 

Article 16 - Additional or deviating provisions

Additional provisions or such as deviate from these general conditions may not be to the disadvantage of the consumer/buyer and must be established in writing or otherwise in such a manner that they can be stores by the consumer/buyer in an accessible manner on a durable data carrier.