<tc>Terms and Conditions</tc>
2. Identity of the entrepreneur
4. The offer
5. The agreement
6. Right of withdrawal
7. Obligations of the consumer during the reflection period
Article 1 - Definitions
In these conditions the following definitions apply:
1. Supplementary agreement: an agreement whereby the consumer buys products, digital content and/or services acquires in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off period: the term within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Permanent performance contract: an agreement that extends to the regular delivery of goods, services and /or digital content over a period of time;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the information stored;
8. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and one or more techniques for distance communication are used exclusively or in part with the conclusion of the agreement; Appendix I need not be made available if the consumer has no right of withdrawal with regard to his order;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
Elvira Kerckhoffs and Florentine Allart
Het Eiland 1
Phone number: +31(0)636227768 (Elvira) / +31(0)641459175 (Florentine) (whatsapp)
Email address: info@amber- interiors.com
Chamber of Commerce number: 84018488
VAT number: NL863065193B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and on every distance contract concluded between the entrepreneur and the consumer.
2. 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's 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, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple manner 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 inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions 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 in the event of conflicting terms and conditions. is most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. 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 agreement
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 meet the stipulated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and he ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself 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, 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 with reasons, or to attach special conditions to the implementation.
5.At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will 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 data carrier: the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
6. the information about guarantees and existing after-sales service; the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract; the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration; if the consumer has a right of withdrawal, the model form for withdrawal.
7. In delivery. in the case of an extended transaction, the provision in the previous paragraph only applies to the first.
Article 6 - Right of withdrawal
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of dissolve within a maximum of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer has consumer designated third party, who is not the carrier, has received the product, or:
1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product receive. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
2. if the delivery of a product consists of different shipments or parts: the the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content that is not supplied on a tangible medium:
3. The consumer can conclude a service contract and an agreement for the delivery of digital content that is not on a tangible medium. has been delivered for a minimum period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not supplied on a material carrier if no information is given about the right of withdrawal:
5. If the entrepreneur has provided the consumer with the legally required information about has not provided the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
1.During the cooling-off 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 determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product. product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercising the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this within the cooling-off period by means of the model form for withdrawal or in another unequivocal manner to the entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (a authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
6. If the consumer withdraws after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not prepared for sale starts in a limited volume or certain quantity during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial delivery of digital content not delivered on a material carrier, if:
1. prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
2. he has not acknowledged losing his right of withdrawal when giving his consent; or
3. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur upon withdrawal
1.If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses for reimbursement using the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement has stated:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution thereof;
7. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products which spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic beverages, the price of which was agreed when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
14.The delivery of digital content other than on a physical carrier, but only if:
1 the performance has begun with the express prior consent of the consumer; and
2. the consumer has stated that he hereby loses his right of withdrawal.
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and additional guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfil his part of the agreement. grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing of requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5.The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise
Article 14 - Duration transactions: duration, cancellation and extension
1. The consumer can enter into an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity included) or services, cancel at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules. and a notice period of no more than one month.
The consumer can cancel the agreements referred to in the previous paragraphs:
1. at any time and not be limited to cancellation at a specific time or in a specific period;
2. - at least cancel in the same way as they have been entered into by him;
3. - always cancel with the same notice period as the entrepreneur has stipulated for himself.
Article 15 - Payment
Article 16 - Complaints procedure
6. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
7. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
8. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 17 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier