Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – The Price
Article 9 – Conformity and Warranty
Article 10 – Delivery and Performance
Article 11 – Payment
Article 12 – Complaints Procedure
Article 13 – Disputes
Article 14 – Additional or Deviating Provisions
Article 1 | Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer may use when exercising the right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 | Identity of the Entrepreneur
Angela Kuiper
Lucebertstraat 10 | 6515XN Nijmegen | The Netherlands
+31 6 41051734
info@angelakuiper.com
Chamber of Commerce number: 90486897
VAT identification number: NL004824790B80
Article 3 | Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced by mutual agreement without delay by a provision that most closely approximates the intent of the original.
Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted “in the spirit” of these general terms and conditions.
Article 4 | The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer, in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate;
whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by them before concluding the agreement;
any other languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these electronically; and
the minimum duration of the distance contract in the case of a continuous performance contract.
Article 5 | The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within the limits of the law, the entrepreneur may investigate whether the consumer can meet their payment obligations and any facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or application with reasons or attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in a manner that allows the consumer to store it on a durable medium:
the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
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;
information about warranties and existing after-sales service;
the data included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 | Right of Withdrawal (Delivery of Products)
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and known to the entrepreneur, has received the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification must be made using the model withdrawal form or by another means of communication such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.
If the consumer has not indicated their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase becomes final.
Article 7 | Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the product shall be borne by the consumer at most.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the webshop or conclusive proof of complete return shipment has been provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.
If the product is damaged due to careless handling or insufficient packaging by the consumer, the consumer is liable for any depreciation in value.
The consumer cannot be held liable for depreciation if the entrepreneur has not provided all legally required information about the right of withdrawal prior to concluding the purchase agreement.
Article 8 | The Price
During the period of validity stated in the offer, prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
Price increases within 3 months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day the price increase takes effect.
Prices stated in offers for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 9 | Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and existing legal provisions and/or government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
Due to the handmade process, colors and details may vary slightly. Prints and paper may include minor imperfections, such as slight color misalignment in multicolor prints. These variations are part of the unique character and charm of the work. They are not considered defects eligible for a return.
The warranty does not apply if the delivered products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the instructions of the entrepreneur and/or the instructions on the packaging.
Article 10 | Delivery and Performance
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address made known by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of dissolution pursuant to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless expressly agreed otherwise.
Article 11 | Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1).
The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
In the event of default by the consumer, the entrepreneur is entitled, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 12 | Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
In the event of complaints, the consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 13 | Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 14 | Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium.
Appendix 1 | Model Withdrawal Form
(Only complete and return this form if you wish to withdraw from the agreement)
To:
Angela Kuiper
Lucebertstraat 10
6515 XN Nijmegen
The Netherlands
info@angelakuiper.com
+31 6 41051734
I/We () hereby inform you that I/we () withdraw from our agreement concerning the sale of the following goods / provision of the following service (*):
Ordered on (DD-MM-YYYY):
Order number:
Received on (DD-MM-YYYY):
Name(s) of consumer(s):
Address of consumer(s):
IBAN account number:
Signature of consumer(s) (only if this form is submitted on paper):
Date (DD-MM-YYYY):
(*) Delete what does not apply.
