General terms and conditions
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur at withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Fulfilment and additional guarantee
Article 13 – Delivery and implementation
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Grace period: The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Contract for an indefinite period of time: a contract that provides for the regular supply of goods, services and/or digital content for a specific period of time;
Durable data carrier: every tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use during a period that is tailored to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: an agreement that is concluded between the trader and the consumer as part of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the moment at which the agreement is concluded, sole or joint use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions. Annex I does not need to be provided if the Consumer does not have a right of withdrawal with regard to his order
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur
By Tess Art
Emmalaan 7
1075 AT Amsterdam
E-mail address: info@tessheijnis.com
Chamber of Commerce number: 34364922
Btw-identificatienummer: NL153740772B01
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract that is concluded between the trader and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made digitally available to the consumer.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily save it on a durable data carrier.
Article 4 – The offer
If an offer has a limited validity or is made under conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious 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.
Article 5 – The agreement
The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
Article 6 – Right of withdrawal
The consumer can dissolve an agreement related to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the cancellation, but he cannot oblige the consumer to give his reason(s). Personalized products cannot be returned.
The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
in 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.
Article 7 – Obligations of the consumer during the reflection period
During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, features 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.
The consumer is only liable for decrease in value of the product which is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall notify the trader of this within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an 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 complied with the return period if he sends the product back before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof of the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer makes use of his right of withdrawal, all additional contracts will be cancelled by operation of law.
Article 9 – Obligations of the trader in the event of withdrawal
If the trader makes it possible for the consumer to give notice of withdrawal electronically, he shall send a confirmation of receipt without delay after receiving such notice.
The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notified him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
The entrepreneur shall use the same means of payment as the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Article 11 – The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 12 – Fulfilment agreement and extra guarantee
The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
By additional guarantee is meant every commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.
Article 13 – Delivery and execution
The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
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 conditions, the entrepreneur will accept orders expeditiously perform, delivery times may vary by product. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified to the entrepreneur representative, unless otherwise expressly agreed.
Article 14 – Payment
Insofar as not otherwise specified in the agreement or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs.
Article 15 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure: mail your complaint to info@tessheijnis.com.
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within a reasonable time after the consumer has found the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer should give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute resolution procedure.
Article 16 – Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.