Terms of delivery
General Terms and Conditions
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the company
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Revocation right
Article 7 – Costs in case of revocation
Article 8 – Exclusions on the revocation right
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and fulfillment
Article 12 – Length transactions: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or deviating terms
Article 1 – Definitions
In these terms & conditionsthe following terms mean:
Reflection time: The time determined in which the consumer can use his revocation right;
Consumer: a natural person that is not acting on behalf of a company or in a professional capacity and enters into a distance contract with the company.
Dag: calendar day.
Length transaction: a distance contract with regard to a series of products and/or services, of which de delivery- and/or purchase obligation is spread out over time.
Durable medium: Every tool that the consumer or the company can use to save and store personal information directed specifically to them, in a way that makes future consultation and unchanged reproduction of the saved information possible.
Revocation right: De option the consumer has to undo the distance contract within the reflection time.
Standard form: The standard form used for revoking the distance contract the company has available for the consumer to us when they want to make use of their revocation right.
Company: The natural or legal person that offers products and/or services at a distance to consumers.
Distance contract: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technology for remote communication: a means that can be used to close an agreement without the consumer and the entrepreneur having gathered together in the same place and at the same time.
General conditions: these general terms and conditions of the business owner.
Article 2 – Identity of the company/entrepreneur.
Tipsy Bee Beads (www.tipsy-bee-beads.nl)
2134 MV Hoofddorp
Phone number: +31 (0)6 -29484626
E-Mail adress: firstname.lastname@example.org
Chamber of Commerce NL: 80499422
VAT number: NL26723633B01
Article 3 – Applicability:
- These general terms and conditions apply to any offer by the entrepreneur and to every finalised distance agreement or order between the entrepreneur and consumer.
- The consumer shall be provided with these general conditions before the distance contract is concluded. If this is not reasonably possible, it shall be announced before the distance contract is concluded that the general conditions are available for inspection on the entrepreneur’s business premises and shall be forwarded as soon as possible free of charge at the consumer’s request.
- If the distance agreement is concluded electronically, the text of these general terms and conditions, in derogation of the previous section and before the distance agreement is concluded, may also be provided to the consumer electronically in such a way that the consumer can easily store them on a long-term data carrier. If this is not reasonably possible, it will be indicated, before the distant agreement is concluded, how the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request, electronically or in another manner.
- In the event that specific product or service condition apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and in the event of conflicting terms and conditions, the consumer may always appeal to the applicable provision that is most favorable to the consumer.
- If one or more provisions of these terms is at any time wholly or partially invalid or invalidated, the agreement and these terms and conditions remain otherwise in effect, and the relevant provision will be immediately replaced in consultation by a provision that approaches the scope of the original as much as possible.
- Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these terms and conditions.
- Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
Article 4 – The offer:
- If an offer is of limited duration or if certain conditions apply, this shall be explicitly stated in the offer.
- The entrepreneur is entitled to change and update the offer.
- The offer shall include a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses illustrations, these shall be a true representation of the products and/or services offered. The entrepreneur shall not be bound by obvious mistakes or errors in the offer.
- All images and specification details in the offer are indicative and may not lead to damages or dissolution of the agreement.
- Images of products are a true reflection of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
- each offer will contain such information that will make clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- the price including taxes;
- the possible cost of shipping;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal is applicable;
- the arrangements for payment, delivery or implementation of the agreement;
- the deadline for accepting the offer, or the period for adhering to the price;
- the level of the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for;
- whether the agreement will be archived after creation, and if so, how it may be consulted by the consumer;
- the way in which the consumer, for the conclusion of the agreement, can check and rectify the information provided under the agreement;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the conduct to which the entrepreneur has subjected himself to and the way in which the consumer can consult these conducts by electronic means;
- the minimum duration of the distance contract in case of a long-term transaction.
Article 5 – The agreement:
- Subject to the provisions in paragraph 4, the agreement is created when the consumer accepts the offer and meets the terms and conditions set for acceptance.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has been confirmed, the consumer may resolve the contract.
- If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the consumer can pay electronically, the trader will appropriate security measures.
- The entrepreneur may-within statutory frameworks-inform himself about the consumer's ability to fulfill his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to enter into the agreement, he is entitled to refuse an order or request to implement special conditions.
- The entrepreneur shall send the consumer the following information along 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 information carrier:
- the address of the trader's business where the consumer can lodge complaints;
- the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on existing after-sales service and guarantees;
- the conditions in article 4 paragraph 3 of these captured data, unless the trader has already provided the consumer with this data before the implementation of the contract;
- the requirements for cancellation of the agreement if the contract has a duration of more than one year or is indefinite.
- In case of a long-term contract, the provision in the previous paragraph only applies to the first delivery.
- Each agreement is entered into on the decomposing condition of sufficient availability of the relevant products.
Article 6 – Revocation right:
Upon delivery of products:
- When purchasing products, the consumer has the ability to dissolve the contract, without giving reasons for 14 days. This period commences on the day following receipt of the product by or on behalf of the consumer and to the entrepreneur publicized representative.
- During this period the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If wishing to exercise the revocation right, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur ́s reasonable and clear instructions.
- If the consumer wishes to exercise his revocation right he is obligated, within 14 days after receipt of the product, to make this known to the entrepreneur. The consumer has to do this by means of the standard form provided by the entrepreneur. After the consumer expressed wanting to make use of his revocation right, the consumer must return the product within 14 days. The consumer must prove that the delivered items have been returned in a timely manner, for example by proof of mail delivery.
- If the consumer has not made known that he wishes to exercise his right of withdrawal or has not sent the product to the entrepreneur after the terms stated in paragraphs 2 and 3, respectively, then the purchase is final.
When delivering services:
- When delivering services, the consumer has the option to dissolve the agreement without a statement of reasons during a period of 14 days, starting on the effective date of the agreement.
- To exercise his revocation right, the consumer will inform the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of revocation:
- If the consumer makes use of his revocation right, at most he will bear the costs of return shipment.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. With the condition that the product is already received back by the entrepreneur or conclusive evidence of complete return has been provided by the consumer.
Article 8 – Exclusions on the revocation right:
- The entrepreneur can exclude the revocation right by the consumer for products such as defined in paragraph 2 and 3. The exclusion of the revocation right is valid only if the entrepreneur has clearly mentioned this in the offer or at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that are created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that rapidly decay or become obsolete;
- the price of which is subject to fluctuations on the financial market on which the entrepreneur
has no influence;
- for individual newspapers and magazines;
- for audio-and video-recordings and computer software of which the consumer has broken the
- for hygienic products for which the consumer has broken the seal.
- Exclusion of the revocation right is only possible for services:
- relating to accommodation, transport, catering or leisure activities to be carried out on a given
date or during a specified period;
- the supply of which started with the explicit consent of the consumer before the withdrawal
period has expired;
- on betting and Lotteries.
Article 9 – The price:
- During the period of validity stated in the offer, the prices for the products and/or services shall not be raised, except for price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and are beyond the entrepreneur's control, with variable prices. These fluctuations and the fact that any price mentioned in the offer are indicative prices, are to be mentioned with the offer.
- Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
- they are the result of statutory regulations or provisions; or
- the consumer has the power to terminate the contract on the day on which the price increase takes effect.
- The in the offer of products or services mentioned prices include VAT.
- All rates are subject to printing errors. For the consequences of printing errors no liability is
accepted. With printing errors the entrepreneur is not obliged to deliver the offered products or
services at the incorrectly printed prices.
Article 10 – Comformity and warranty:
- The entrepreneur guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date the contract was concluded legal provisions and/or Government regulations. 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 prejudice the legal rights and claims that the consumer can assert under the agreement with the entrepreneur.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return shipment of the products are to be done in the original packaging and products should be in as new condition.
- The warranty period set by the entrepreneur corresponds with the factory warranty period. The entrepreneur is, however, never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any recommendations with respect to the use or application of the products.
- The warranty is invalid when:
- the consumer has repaired and/or modified the delivered products themselves and/or had them repaired and/or modified by third parties;
- the delivered products are exposed to abnormal conditions or otherwise handed carelessly or in conflict with the directions of the entrepreneur and/or as stated on the packaging;
- the impropriety is wholly or partially the result of regulations that the government has set or will set with respect to the nature and quality of the materials used.
Article 11 – Delivery and fulfillment:
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The address that the consumer has provided to the company applies as the place of delivery.
- Subject to what is stated in paragraph 4 of this article, the company will ship accepted orders as soon as possible but within 30 days, unless a consumer has agreed to a longer delivery period. If delivery is delayed, or if an order is not or only partially carried out, the consumer wil be informed of this no later than 30 days after the order was placed. The consumer in this case has the right to terminate the contract without penalty. The consumer has no right to compensation.
- All delivery times are indicative. The consumer can derive no rights from any stated delivery times. Exceeding a delivery time gives consumers no right to compensation.
- In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than within 14 days after termination.
- If delivery of an ordered product proves impossible, the entrepreneur will attempt to make available a replacement article. At the latest at the time of delivery it will be reported in a clear and comprehensible manner that a replacement article will be delivered. To replacement items, the revocation right cannot be ruled out. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - transactions: duration, termination and extension:
- The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
- The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
- The consumer can the agreements mentioned in the previous paragraphs:
o cancel at any time and not be limited to cancellation at some time or in a given period;
o cancel at least in the same way as they have entered into the agreement;
o cancel the same notice period as the entrepreneur has negotiated for themselves.
- An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
- Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for a specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
- An agreement that is entered into for a definite period and that extends to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer may terminate at any time with a period of notice amounting at most to one month, and a period of notice amounting at most to three months if the agreement extends to regular deliveries occurring less often than once a month of daily papers, newspapers, weekly papers and other periodicals.
- An agreement with a limited term for the regular introductory delivery of daily papers, newspapers, weekly papers and other periodicals (trial or introductory subscription) will not be silently continued and automatically ends after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may always terminate the agreement with a period of notice amounting at most to one month, unless reasonableness and fairness bar termination before the end of the agreed term.
Article 13 – Payment:
- As far as not agreed otherwise, the amounts owed by the consumer has to be paid within 7 days after the start of the withdrawal period referred to in article 6 (1). In the case of a contract for the provision of a service, this term starts after the consumer has received the confirmation of the agreement.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
- In case of late payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the customer in advance.
Article 14 – Complaints:
- The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur with a full and complete description within 7 days after the consumer has noted the defects.
- The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint foreseeable require a longer time for handling, the entrepreneur shall respond within the term of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
- If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute rules.
- In case of complaints a consumer should first of all to turn to the entrepreneur. Complaints that are not resolved by mutual agreement, the consumer has to turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), they will mediate free of charge. Should no solution then be reached, the consumer has the option of having the complaint handled by Stichting GeschilOnline, whose decision is binding and both the entrepreneur and the consumer consent to this binding decision. To submitting a dispute to the disputes Committee costs are charged to the consumer and should be payed to the appropriate Commission. It is also possible to file complaints by signing up through 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 grounded by the entrepreneur, the entrepreneur will have the option of replacing or repairing the delivered products at the entrepreneur's expense.
Article 15 – Disputes:
- On agreements between the entrepreneur and the consumer to which these general conditions relate, is exclusively Dutch law applicable. Also if the consumer is a resident outside The Netherlands.
- The Vienna Trade Convention (CISG) does not apply.
Article 16 – Additional or deviating terms:
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.