General Terms and Conditions
Index
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Customers’ obligations in case of withdrawal
Article 8 - Customers who exercise their right of withdrawal and the costs involved
Article 9 - Traders’ obligations in case of withdrawal
Article 10 - Precluding the right of withdrawal
Article 11 - The price
Article 12 - Contract fulfilment and extra guarantee
Article 13 - Delivery and implementation
Article 14 - Extended duration transactions: duration, termination and prolongation
Article 15 – Payment
Article 16 - Privacy
Article 17 - Complaints procedure
Article 18 – Disputes
Article 19 – Intellectual property rights/ intellectual property
Article 20 - Additional, different of change in general terms
Article 21 - Inaccuracies website
Article 22 - Additional or different stipulations
Article 1 - Definitions
The following definitions apply in these terms and conditions:
1. Supplementary agreement: an agreement in which a consumer obtains products, digital content
and/or services via a distance contract, and a trader or a third party delivers these products, digital
content and/or services in accordance with an agreement between that third party and the trader;
2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
3. Consumer: a natural person whose actions are not carried out for objectives relating to the course
of a trade, a profession or a business;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Extended duration transaction: a distance contract relating to a series of products and/or
services, whereby the obligation to supply and/or purchase is spread over a period of time;
7. Durable medium: every means - including emails - that enables a consumer or trader to store
information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
9. Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
11. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
Article 2 - Identity of the trader
Sofie Kreté
Registered address: Terheijdenstraat 80, Breda
Telephone number: (+31)617473177, available between 9am – 6pm on working days.
Email address: info@sofiekrete.com
Chamber of Commerce number: 67265944
VAT identification number: BTW NL213035935B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 4 - The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
Article 5 - The contract
1. The contract will be 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 have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
e. if the consumer has a right of withdrawal, the model form for right of withdrawal.
6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
7. Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
8. When the customer places an order, he / she is asked to provide certain personal data. The customer confirms that the information he / she provides is correct and complete and is responsible for incorrectly provided information.
Article 6 - Right of withdrawal
Upon delivery of products
1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
a. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
c. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.
Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
3. If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
4. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.
Article 7 - Consumers’ obligations during the withdrawal period
1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature and characteristics of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
Article 8 - Consumers who exercise their right of withdrawal and the costs involved
1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by email or another unequivocal way.
2. As quickly as possible, but no later than 14, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
6. The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
a. prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
b he did not acknowledge having lost his right of withdrawal upon granting his permission; or
c the trader neglected to confirm this statement made by the consumer.
7. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
Article 9 - Traders’ obligations in a case of withdrawal
1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.
Article 10 - Precluding the right of withdrawal
The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
1. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;
2. Service contracts, after full completion of the service, but only if:
a. implementation started with the explicit prior agreement of the consumer;
b. and the consumer declared having lost his right or withdrawal as soon as the trader had completed the contract in full;
3. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;
4. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;when consumers buy a personalized painting or other personalized product - where personalized refers to any product that has been made in consultation with the consumer based on the consumer's personal information. The right of withdrawal does not apply to the personalized products.
5. Papers or magazines, except for subscriptions;
6. The delivery of digital content other than on a material medium, but only if:
a. the delivery commenced with the consumer’s explicit prior agreement, and
b. the consumer declared that this implied his having lost his right of withdrawal.
Article 11 - The price
1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
2. All prices stated by the trader are expressed in euros, including VAT. Within the Netherlands, shipping costs are also included in the price. All this applies, unless stated otherwise or agreed otherwise in writing. For deliveries to other countries a delivery price will be added to the price.
3. The amount of the shipping costs is stated on the internet site (Sofiekrete.com). With regard to certain countries and payment methods, further conditions apply with regard to the delivery method and associated costs.
4. Special offers are only valid for the period of validity as stated on the internet site relating to that special offer.
5. The trader cannot be held to its offers if the consumer, in terms of reasonableness and fairness and generally accepted views, should have 1. understood that the offer or any part thereof contains an obvious mistake or clerical error.
6. The trader expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
Article 12 - Contract fulfilment and extra guarantee
1. 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 stipulations and/or government regulations that existed on the date that the contract was concluded.
2. An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.
Article 13 - Supply and implementation
1. The trader 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 deemed to be the address that the consumer makes known to the company.
3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within , unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 14 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
4. There is no general amount of delivery days for personalized paintings. Delivery time depends on the product in question and can only be viewed and agreed on per product.
5. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or arepresentative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
7. If the trader, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service for which the damage was caused.
8. The stated delivery times as stated in paragraph 3 are indicative and are never a deadline. Exceeding any delivery period does not entitle the consumer to compensation or the right to cancel the order or to dissolve the agreement, unless the exceeding of the delivery period is such that the consumer cannot reasonably be expected to maintain the agreement. late. In that case, the consumer is entitled to cancel the order or to dissolve the agreement insofar as this is necessary. Money already paid will in this case be refunded.
9. Delivery takes place at the address specified by the consumer during the conclusion of the agreement.
10. Different conditions may apply to deliveries abroad.
11. An agreement is concluded for personalized products when an order confirmation of an order issued by the consumer is sent by email to the email address specified by the consumer. The consumer and the trader explicitly agree that a valid agreement is concluded by using electronic forms of communication as soon as this order confirmation has been sent to the consumer. Insofar as the law allows, the electronic files of the trader apply as a presumption of evidence.
Article 14 - Extended duration transactions: duration, termination and prolongation
Termination
1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
3. With respect to contracts as described in the first two paragraphs, the consumer can:
- terminate them at all times and not be limited to termination at a specific time or during a specific period;
- terminate them in the same way as that in which they were concluded;
- always terminate them subject to the same period of notice as that stipulated for the trader.
Prolongation
4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
5. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
7. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.
Duration
8. If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.
Article 15 - Payment
1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 8 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 8 days after the conclusion of the contract. In the case of a contract to provide a service, this 8-day period starts on the day after the consumer received confirmation of the contract.
2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 8 days in which to fulfil the obligation to pay; if payment is not made within this 8-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favorable to the consumer.
Article 16 - Privacy
1. The information provided by the consumer will be treated confidentially by the trader and will be used for the following purposes: processing the order, payment thereof and delivery to the correct delivery address, promoting the user-friendliness of the site. be able to make (personalized) offers and promotions or to provide information or news bulletins relevant to you.
2. The trader does not provide consumer data to third parties.
3. The trader observes the applicable (Dutch) privacy regulations and legislation.
Article 17 - Complaints procedure
1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.
Article 18 - Disputes
1. All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply, as well as these General Terms and Conditions, are exclusively governed by Dutch law.
2. All disputes between parties will be submitted exclusively to the court in the Netherlands.
Article 19 – Intellectual property rights and law/ Intellectual property
1. The Website and all contents of the Website are the property of the trader. The information is protected by intellectual property rights and trade laws. This means that it is not allowed to copy or use brands, trade names, product names, texts, images, illustrations, paintings, drawings and graphics,design, layout as well as information regarding products, services, commercial know-how and other content. without written permission from the trader.
2. The consumer explicitly acknowledges that all intellectual property rights of displayed information, images, designs, paintings, illustrations, communications or other expressions with regard to the products and / or with regard to the internet website belong to the trader.
3. The consumer is prohibited from making use, including making changes to, the intellectual property rights as described in this article, such as reproduction, without the explicit prior written consent of the trader.
Article 20 – Additional, different of change in general terms
1. The trader reserves the right to change these Conditions at any time. Any changes to the Terms will be published on the Website.
2. Changed conditions are valid from the moment the consumer accepts the Conditions (in connection with a new purchase or while visiting the Website), or 30 days after the trader has informed the consumer about the changes. However, the trader advises the consumer to visit the Website regularly in order to stay informed of possible changes to the Terms and Conditions.
3. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
Artikel 21 – Inaccuracies website
1. The trader cannot be held accountable for writing errors, publication of incorrect images or the sale of products on the Website, for example errors in the product description or the technical specification, incorrect pricing and price adjustments (such as price changes by suppliers or caused by currency fluctuations. ) or incorrect information regarding the stock of a product.
2. The trader has the right to rectify such errors and to change or update the information at any time. In the event that the consumer has ordered an article for which an incorrect price was indicated, the trader will of course inform the consumer and wait to see whether the consumer accepts the price change before the trader further processes the order. All images on the Website are for illustrative purposes only. There is no guarantee that the images accurately depict the product.
3. The trader is not liable for information on the Website that comes from a third party that is referred to on the website or that is connected to the webshop in another way.
Article 22 - Additional or different stipulations
1. The trader is never obliged to pay any compensation to the consumer or third parties, unless there is intent or gross negligence on the part of the trader.
2. In case of force majeure, the trader is not obliged to fulfill its obligations towards the consumer, and the obligations are suspended for the duration of the force majeure.
3. Force majeure is understood to mean any circumstance beyond its control, which prevents the fulfillment of its obligations towards the consumer in whole or in part. These circumstances include strikes, fire, business disruptions, power failures, non-delivery or late delivery by suppliers or other third parties and the lack of any government license. Force majeure also includes failures in a (telecommunications) network or connection or communication systems used and / or the unavailability of the internet site at any time.
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Model form for right of withdrawal
(this form should only be completed and returned if you want to withdraw from the contract)
Sofie Kreté
Terheijdenstraat 80, 4811AW, Breda
I/we* herewith inform you that, in respect of our contract regarding
The sale of the following products: [description of the product}*
The delivery of the following digital content: [description of the digital content]*
The supply of the following service: [description of the service]*
I/we* exercise our right of withdrawal.
- Ordered on*/received on* [date of ordering services or receiving goods]
-[Consumer(s)’ name]
-[Consumer(s)’ address]
-[Consumer(s)’ signature] (only if this form is submitted on paper)
-[Date]