Terms and Conditions
Article 1 – Definitions
In these conditions the following terms have the following meanings:
1. Reflection period: the period within which the customer can make use of his right of withdrawal;
2. Customer: the company or natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the customer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the customer to cancel the distance agreement within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur makes available that a customer can fill in if he wants to make use of his right of withdrawal.
8. Entrepreneur: the legal entity that offers products and / or services to customers from a distance;
9. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for communication are used. distance;
10. Technology for distance communication: means that can be used to conclude an agreement, without the customer and entrepreneur being in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
ConceptWrapping – a brand of CollectivWarehouse BV
Het Laar 3b
5735 RC Aarle-Rixtel
+31 (0)85 025 01 79
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to any distance contract and orders between the entrepreneur and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the customer.
3. 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 customer electronically in such a way that they are customer can be easily stored 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 electronically or otherwise at the request of the customer.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the customer can always invoke the applicable provision that applies to him / her. most beneficial.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that as close as possible to the purport of the original.
6. Situations that are not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained “in the spirit” of these general terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price, including taxes;
b. the possible costs of shipping;
c. the way in which the agreement will be concluded and which actions are required for this;
d. whether or not the right of withdrawal applies;
e. the method of payment, delivery and implementation of the agreement;
f. the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
g. the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
h. whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the customer;
i. the way in which the customer, before concluding the agreement, can check the data provided by him under the agreement and, if necessary, restore it;
j. any other languages in which, in addition to Dutch, the agreement can be concluded;
k. the codes of conduct to which the entrepreneur is subject and the way in which the customer can consult these codes of conduct electronically; and
l. the minimum duration of the distance contract in the event of a length transaction.
7. Available sizes, colors, type of materials.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the customer of the offer and compliance with the corresponding conditions.
2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inquire whether the customer 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 or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with the product or service to the customer, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:
a.the visiting address of the business location of the entrepreneur where the customer can go with complaints;
b. the conditions under which and the way in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the customer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
1. When purchasing Perfect Bascis (stock) products, the customer has the option to dissolve the agreement without giving reasons during 14 days. This reflection period commences on the day of receipt of the product by the customer or a representative designated in advance by the customer and announced to the entrepreneur.
2. During the cooling-off period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the customer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The customer must make this known by means of the return form. After the customer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. 4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
1. If the customer makes use of his right of withdrawal, the costs of return shall not exceed the cost of the return.
2. If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted.
Article 8 – The price
1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the prices of the Limited Edition products that are offered through online auctions are not fixed in advance. The price tiers applicable to these products on the basis of the realized sales 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 customer has the authority to cancel the agreement as of the day on which the price increase takes effect.
5. The prices stated in the offer of products or services are exclusive of VAT and shipping costs.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 9 – Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be in the original packaging and in new condition.
4. No warranty applies to these products.
Article 10 – Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has provided to the company.
3. With due observance of what has been stated in paragraph 4 of this article, the company will execute accepted orders from stock expeditiously, but no later than within 30 days, unless the customer has agreed to a longer delivery period. For orders of Limited Edition products through online auctions, the delivery time communicated with the product applies. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to terminate the agreement without costs. The customer is not entitled to compensation.
4. All delivery times are indicative. The customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the customer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the customer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.
Article 11 – Duration transactions: duration, cancellation and extension
1. The customer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The customer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products, at any time by the end of the specified period, with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The customer can cancel the agreements mentioned in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific period;
b. at least cancel in the same way as they entered into by him;
c. always cancel with the same notice period as the entrepreneur has stipulated for himself.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products may not be tacitly renewed or renewed for a fixed period.
If an agreement has a duration of more than one year, the customer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 12 – Payment
1. Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1.
2. The customer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.
Article 13 – Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the customer has discovered the defects.
3. Complaints submitted to the entrepreneur 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 reply within 14 days with a confirmation of receipt and an indication when the customer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge, at his choice.
Article 14 – Disputes
1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the customer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 15 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.