General Terms and Conditions
GENERAL TERMS AND CONDITIONS of Oudekaarten.com
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 revocation
Article 8 - Conformity and warranty
Article 9 - Delivery and execution
Article 10 - Payment
Article 11 - Disputes
Article 12 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. 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;
3. Day: calendar day;
4. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
5. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
6. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
7. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
8. Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
9. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Prima Prints and Maps trading under the name Oudekaarten.com
Park Street 39
1506 WB Zaandam
The Netherlands
T (064) 856-3048
E info@oudekaarten.com
KVK 59583886
VAT number NL001880648B62
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. 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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
6. Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted '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 adjust 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 consumer 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 obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
6. 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:
o the price including taxes;
o any shipping costs;
o the manner in which the agreement will be concluded and what actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and execution of the agreement;
o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
o whether the agreement is archived after it has been concluded and, if so, where the consumer can consult it;
o the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
o any other languages in which, in addition to Dutch, the agreement may be concluded;
o the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the event of a continuous transaction.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer 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 secure web environment. If the consumer
If the entrepreneur can pay electronically, he will take appropriate security measures.
4. The entrepreneur may - within legal frameworks - inquire whether the consumer 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 the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer 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:
o the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
o the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
o the information about guarantees and existing after-sales service;
o the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
6. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. 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 accessories supplied 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 consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receiving the product. The consumer must make this known by telephone or by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment. The goods must be returned carefully packaged.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of revocation
1. If the consumer exercises his right of withdrawal, the costs of return shipment will be at his expense at most, insofar as these are higher than the standard parcel rate of PostNL (the rate with only track & trace, not registered). Returns are therefore free, unless the customer chooses shipping more expensive than regular PostNL parcel rate. If the consumer returns from abroad, the costs of return shipment will be fully borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the web shop or conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the consumer, unless the consumer expressly gives permission for a different payment method.
3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
Article 8 - Conformity and warranty
1. The entrepreneur guarantees that the products 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 in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing, by telephone or by e-mail within 2 weeks of delivery.
3. The warranty does not apply if:
o the consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
o the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
Article 9 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has made known to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will ship accepted orders no later than the next working day, unless the consumer has agreed to a longer shipping period. If the shipping is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 1 working day after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. Shipping is done with DPD, DHL or PostNL. Delivery time is 1 to 3 working days. These delivery times are indicative. The consumer cannot derive any rights from the stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event 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.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. If this is not possible, the consumer is not entitled to compensation.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 10 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
2. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 11 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 12 - Additional or deviating provisions
Additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.