General Terms and Conditions

General Terms and Conditions Shades Concepts

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 - Exclusion of Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

Article 12 - Duration Transactions: Duration, Termination, and Extension

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

•       Cooling-off period: the period within which the consumer can exercise their 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, the delivery and/or purchase obligation of which is spread over time;

•       Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged 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 that the entrepreneur makes available and that a consumer can fill out when they want to exercise their right of withdrawal.

•       Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

•       Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusively one or more techniques for distance communication are used;

•       Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur simultaneously being in the same room.

•       General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Shades Concepts

Hurksestraat 20-68

5652 AK Eindhoven

 

Phone number: +085-0601482

Email address: info@shades-concepts.com

Chamber of Commerce number: 76304612

VAT identification number: NL860581718B01

Article 3 - Applicability

•       These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.

•       If the distance contract is concluded electronically, notwithstanding 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 it can be easily stored by the consumer 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 consulted electronically and that they will be sent free of charge electronically or otherwise, at the consumer's request.

•       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 in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

•       If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these conditions remain in force for the remainder, and the relevant provision will be replaced without delay by mutual agreement by a provision that approaches the purport of the original as closely as possible.

•       Situations not covered by these general terms and conditions should 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 should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

•       If an offer has a limited validity period 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 enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true 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 true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. This applies in particular to shade sails, retractable canopies, and curtains, where the color display on screens may differ from the actual product.

•       Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:

◦       the price including taxes;

◦       any shipping costs;

◦       the manner in which the agreement will be concluded and what actions are required for this;

◦       whether or not the right of withdrawal applies;

◦       the method of payment, delivery, and execution of the agreement;

◦       the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

◦       the amount 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 communication means used;

◦       whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;

◦       the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;

◦       any other languages in which the agreement can be concluded, in addition to Dutch; and

◦       the minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The Agreement

•       The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

•       If the consumer 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 consumer can dissolve the agreement.

•       If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

•       The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution.

•       The entrepreneur will send the following information with the product or service to the consumer, 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 entrepreneur's establishment where the consumer can lodge 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;

◦       the information about guarantees and existing after-sales service;

◦       the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

◦       the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.

•       In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

•       Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

•       When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.

•       During the cooling-off period, the consumer 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 delivered accessories and - if reasonably possible - in its original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

•       If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known via the model form or by means of another communication method such as email. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

•       If the customer has not made known that he wishes to make use of his right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

For the provision of services:

•       When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.

•       To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

•       If the consumer exercises his right of withdrawal, at most the costs of return will be borne by him.

•       If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after 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 provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.

•       In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

•       The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

•       The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

•       Exclusion of the right of withdrawal is only possible for products:

◦       that have been created by the entrepreneur according to the consumer's specifications, such as custom-made shade sails, harmonica cloths and curtains;

◦       that are clearly personal in nature;

◦       that cannot be returned due to their nature;

◦       that can spoil or age quickly;

◦       the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

◦       for single newspapers and magazines;

◦       for audio and video recordings and computer software of which the consumer has broken the seal;

◦       for hygienic products of which the consumer has broken the seal.

•       Exclusion of the right of withdrawal is only possible for services:

◦       concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;

◦       the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;

◦       concerning betting and lotteries.

Article 9 - The price

•       During the validity period stated 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.

•       Notwithstanding 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 connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

•       Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

•       Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

◦       these are the result of legal regulations or provisions; or

◦       the consumer has the authority to terminate the agreement as of 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 printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

•       The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal 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.

•       A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

•       The statutory warranty applies to all products. The duration of the statutory warranty may vary based on the nature of the product.

•       Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.

•       The warranty does not apply if:

◦       the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

◦       the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the entrepreneur's instructions and/or those on the packaging;

◦       the defectiveness is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

•       The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

•       The place of delivery is the address that the consumer has made known to the company.

•       Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders promptly, but no later than within 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 notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to contractual damages.

•       All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to contractual damages.

•       In case of dissolution in accordance with 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.

•       If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. It will be clearly and understandably communicated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.

•       The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and renewal

Termination

•       The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

•       The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

•       The consumer can terminate the agreements mentioned in the previous paragraphs:

◦       at any time and not be limited to termination at a specific time or within a specific period;

◦       at least in the same manner as they were entered into by him;

◦       always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

•       An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, may not be tacitly renewed for a definite duration.

•       Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

•       An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in cases where the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

•       An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

•       If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.

Article 13 - Payment

•       Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

•       The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

•       In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

•       The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

•       Complaints about the implementation of the agreement must be submitted to the entrepreneur, fully and clearly described, within 2 months after the consumer has discovered the defects.

•       Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

•       If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

•       In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check if this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution still cannot be reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

•       A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur explicitly states otherwise in writing.

•       If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

•       Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.

•       The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions

Additional provisions or provisions deviating from these general terms and conditions must 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 in an accessible manner on a durable data carrier.