GENERAL TERMS AND CONDITIONS PIETER VONK ART
General Terms and Conditions based on model terms from WebwinkelKeur.
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 the 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 – Supplementary or deviating provisions
Article 1 – Definitions
In these terms, the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise the right of withdrawal; Read all about the cooling-off period.
- Consumer: a natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
- Day: calendar day;
- Duration transaction: a distance agreement concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that future consultation and unchanged reproduction of the stored information is possible.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
- Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
- Distance agreement: an agreement whereby in the context of a system organized by the entrepreneur for the sale at a distance of products and/or services, up to and including the conclusion of the agreement, exclusively one or more techniques for remote communication are used;
- Technique for remote communication: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Pieter Vonk Art
Petrarcalaan 25
3533 CP UTRECHT
Netherlands
T (065) 513-5825
E info@pietervonk.com
KVK 95138668
VAT number
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.
- Before the distance agreement 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 agreement is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer as soon as possible free of charge upon request.
- If the distance agreement is concluded electronically, the text of these general terms and conditions may, deviating from the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
- If, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced by a provision that comes as close as possible to the intent of the original.
- 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 and conditions should be explained “in the spirit” of these general terms and conditions.
Article 4 – The offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be a reason for damages or dissolution of the agreement.
- Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
- 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;
- the possible costs of shipping;
- the manner in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the height of the rate for remote communication if the costs of using the technique for remote communication are charged on a basis other than the regular basic rate for the communication means used;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
- any other languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement 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 meets the conditions set out therein.
- If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the agreement 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 take appropriate security measures.
- The entrepreneur can – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to reasonably refuse an order or request or to attach special conditions to the execution.
- The entrepreneur will provide the consumer with the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
- 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;
- information on warranties and existing service after purchase;
- the data included in article 4, paragraph 3 of these terms, unless the entrepreneur has already provided these 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 of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
In case of delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period starts the day after the consumer receives the product 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 the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they will return the product with all delivered 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.
- When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. This notification must be made by means of the model form or through another communication means such as email. After the consumer has communicated their wish to exercise their 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 notified the entrepreneur of the wish to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
In case of delivery of services:
- When delivering services, the consumer has the option to dissolve the agreement without giving any reason for a period of at least 14 days, starting on the day of entering into the agreement.
- To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
Article 7 – Costs in case of withdrawal
- The consumer bears the direct costs of returning the product.
- 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. However, this is on the condition that the product has already been received back by the online store or that conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
- In case of damage to the product due to careless handling by the consumer, 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, which must be provided 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, at least in a timely manner 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 specifications of the consumer;
○ that are clearly personal in nature;
○ that cannot be returned due to their nature;
○ that can spoil or age quickly;
○ whose price is linked 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 hygiene products of which the consumer has broken the seal. - Exclusion of the right of withdrawal is only possible for services:
– concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
– for which delivery has started with the express consent of the consumer before the cooling-off period has expired;
– concerning bets and lotteries.
Article 9 – The price
- During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations in the financial market and which the entrepreneur cannot influence at variable prices. This link to fluctuations and the fact that any stated prices are guide prices will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases after 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: – they result from legal regulations or provisions; or – the consumer has the authority to terminate the agreement on the day the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typing errors. The entrepreneur accepts no liability 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 erroneous price.
Article 10 – Conformity and warranty
- The entrepreneur ensures 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 applicable on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.
- The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
- 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 circumstances or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- the unsoundness is wholly or partially the result of government-imposed regulations regarding the nature or quality of the applied materials.
Article 11 – Delivery and execution
- The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders with due speed 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 only partially executed, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement at no cost. The consumer has no right to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a term does not give the consumer the right to compensation.
- 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.
- If delivery of a ordered product proves impossible, the entrepreneur will strive to make a replacement item available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by 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 previously designated and to the entrepreneur known representative, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination, and extension
Termination
- The consumer can terminate an agreement that has been entered into for an indefinite period and that aims to regularly deliver 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 that has been entered into for a specific period and that aims to regularly deliver products (including electricity) or services at any time, at the end of the specific duration, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer can terminate the agreements referred to in the previous paragraphs:
- at any time and is not limited to termination at a specific time or within a specific period;
- at least in the same way as they were entered into by them;
- always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
- An agreement that has been entered into for a specific period and that aims to regularly deliver products (including electricity) or services may not be silently extended or renewed for a specific period.
- Contrary to the previous paragraph, an agreement that has been entered into for a specific period and that aims to regularly deliver daily, news, and weekly newspapers and magazines may be silently extended for a specific 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 that has been entered into for a specific period and that aims to regularly deliver products or services may only be silently extended 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 the event that the agreement aims to regularly deliver daily, news, and weekly newspapers and magazines less than once a month.
- An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be silently 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 oppose 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 cooling-off period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
- The consumer has the obligation to report inaccuracies in the provided or stated payment details to the entrepreneur without delay.
- In the case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur in full 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 respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- In case of complaints, the consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The online store is currently not affiliated with a certification body with a dispute committee.
- A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products at their choice free of charge.
Article 15 – Disputes
- Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
- The Vienna Sales Convention is not applicable.
Article 16 – Supplementary or deviating provisions
Supplementary or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.