General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Grace period: The period within which the consumer can make use of his 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;
- Duration transaction: a distance contract relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
- Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Model form: the model form for withdrawal which the trader makes available for a consumer to fill in when he wants to make use of his right of withdrawal.
- Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance;
- Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.
Article 2 – Identity of the entrepreneur
- The Klezmer Society, Stichting Shtetl
- Oranjelaan 6, Uithoorn
- Phone number: +31 6 260 22 100
- E-mail address: email@example.com
- KvK number: 34295232
- Btw-identificatienummer: NL819083562B0
Article 3 – Applicability
- These general conditions apply to all offers of the entrepreneur and any agreement reached at a distance and orders between the entrepreneur and consumers.
- Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, the trader will indicate that the general conditions are available for inspection and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request.
- 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 conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
- In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general conditions.
- If one or more provisions in these general conditions at any time are invalid or annulled in whole or in part, the remainder of the agreement and these conditions will remain in force and the provision in question will be replaced without delay in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.
- Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted ‘in the spirit’ of these terms and conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
- All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
- Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed will exactly match the real colors of the products.
- 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;
- the possible costs of shipment;
- the way in which the agreement will be brought about and which actions are required for this;
- the applicability or otherwise of the right of withdrawal;
- the method of payment, delivery and execution of the agreement;
- whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
- any other languages besides Dutch in which the agreement may be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.
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 thereof are fulfilled.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may – within legal limits – inform the consumer about his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- The trader will send the consumer the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the trader’s business establishment where the consumer can lodge complaints;
- the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- information on warranties and existing after-sales service;
- the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
- When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
- During the reflection period, the consumer will handle the product and packaging with care.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the trader of this within 14 days of receiving the product.
- If, at the end of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he will only be charged for the costs of return shipment.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or that conclusive proof of the complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to a different payment method.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
- The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the information required by law concerning the right of withdrawal; this must be done prior to conclusion of the purchase contract.
Article 8 – Exclusion of right of withdrawal
- The trader can exclude the consumer’s right of withdrawal for products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- which cannot be returned due to their nature;
- for digital downloads;
- for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 – The price
- During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
- 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 provisions; 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.
- All prices are subject to misprints and printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the Entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Compliance and Warranty
- 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 on which the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader on the basis of the agreement.
- Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must take place in the original packaging and in new condition.
- The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
Article 11 – Delivery and execution
- The entrepreneur will take the utmost care in receiving and carrying out orders for 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 company.
- In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the consumer with the sum paid as quickly as possible, though at the latest within 14 days after that dissolution.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 – Payment
- Insofar as not otherwise agreed upon, the amounts payable by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In case of a contract for the provision of a service, this period shall start after the consumer has received the confirmation of the contract.
- The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the operator.
- In case of non-payment on the part of the consumer, and subject to legal restrictions, the trader has the right to charge the consumer for any reasonable costs made known to the consumer in advance.
Article 13 – Complaints procedure
- The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
- In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform(http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 14 – Disputes
- Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
- The Vienna Sales Convention shall not apply.
Article 15 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.