DVTCH Amsterdam

Index:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal and obligations of the consumer during the time of the reflection time
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions
In these conditions is meant by:

Cooling-off period: the period within which the consumer can make use of his right to reuse;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation of which has been spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name : DVTCH AMSTERDAM

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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 that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, in derogation from the previous. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may invoke the applicable provision in the event of conflicting general terms and conditions. which is the most favorable for him. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions. Lack of clarity about the explanation or content of one or more provisions of our terms and conditions, should be explained ‘in the spirit’ of these general conditions.

Article 4 – The offer
If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications and information in the offer are indicative and cannot be a reason to pay damages or dissolve the agreement. Images for products are a true reflection of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to  the acceptance of the offer.

Article 5 – The contract
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur shall immediately acknowledge receipt of the acceptance of the offer by electronic means. 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 organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can – within the legal framework – inform 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, on the basis of this investigation, the contractor has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance.
With the product or service the trader will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: the address of the establishment of the entrepreneur where the consumer can go with 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 reuse; the information about guarantees and existing service after purchase; the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 – Right of withdrawal
When delivering products: When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. 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 receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it 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 proof of shipping. If the customer has not made known after the expiry of the terms stated in paragraphs 2 and 3, that he wishes to make use of his right of withdrawal and the product has not been returned to the contractor, the purchase is a fact.

Article 7 – Costs in case of withdrawal and obligations of the consumer during the time of the bunk
If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most. 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. Here, however, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal lies with the consumer. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in the value of the product. The consumer cannot be held liable for the value reduction of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement. During the cooling-off period, the consumer will handle the product and the packaging carefully. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect as he would be allowed to do in a shop.

Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement. .
Exclusion of the right of withdrawal is only possible for products: 

• that have been created by the trader in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• which 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 on which the entrepreneur has no influence;
• sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;

Article 9 – The price
During the period mentioned in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence on, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer. The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and Guarantee
The trader 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 conditions as stated at the date of the conclusion of the agreement. -standing 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 affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition. The guarantee does not apply if: The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties; The delivered products are exposed to abnormal circumstances or otherwise carelessly handled or in violation of the instructions of the entrepreneur and / or on the packaging; The inadequacy wholly or partially is the result of regulations that the government has or will make regarding the nature or the quality of the materials used.

Article 11 – Delivery and execution
The trader will take the greatest possible care when receiving and implementing 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. With due observance of the provisions in paragraph 4 of this article, the company shall execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation. All delivery dates are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation for damages. In case of dissolution 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 14 days after termination. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are at the expense 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 and the entrepreneur made known representative, unless explicitly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation
The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products, with due observance of the agreed cancellation rules and a notice period of up to one month. The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products, at any time by the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month. .
The consumer may conclude the agreements referred to in the previous paragraphs: cancel at any time and not be limited to termination at a specific time or in a given period;
at least cancel in the same way as they were entered into by him; always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term. Notwithstanding the previous paragraph, a contract entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not continued silently and ends automatically after the trial or introductory period.

Expensive
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the contract. They are expensive to resist.

Article 13 – Payment
Unless otherwise agreed, the amounts due by the consumer must be paid immediately upon ordering. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

Article 14 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint procedure. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution. In case of complaints, a consumer must turn to the entrepreneur. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the trader, the trader will replace or repair the products at its option or the delivered products free of charge.

Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions
Additional provisions or deviating from these 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 medium.