Terms and Conditions
1. Entrepreneur: the natural or legal person who is a member of the Webshop Hallmark and offers products and / or remote services to the consumer;
2. Consumer: the natural person who does not act in the exercise of his profession or businessand enters into a distance contract with the entrepreneur;
3. Technology for distance communication: means that can be used to conclude a contract, without the necessity that the consumer and the trader have to meet physically, such as, but not limited to, contact by fax, telephone and internet;
4. Distance contract: an agreement whereby, in the context of the by the seller or service provider (operator) organized selling system or remote services for products and / or services, only one or more means of distance communication will be used until the close of the agreement;
5. Right of withdrawal: the possibility for consumers to waive the distance contract within the waiting period;
6. Grace period: The period when the consumer can exercise his right of withdrawal;
7. Day: calendar day;
8. Length Transaction: a distance contract relating to a number of products and / or services, where the supply and / or purchasing is divided over a longer period of time;
9. Durable medium: any means that enables the consumer or business to store information that has been sent to him or her personally, in a way that enables future consultation and unaltered reproduction of the stored information.
Article 3 - Applicability
1. These general conditions apply to any agreement between the entrepreneur and the consumer.
2. Before concluding a distance contract, the operator makes the text of this terms available to the consumer. When it is not possible to identify the general conditions in advance, the entrepreneur will make the terms and conditions available to the consumer before the distance contract is concluded, indicated that the consumer can read the terms and conditions for free, and that it can be sent to him or her when requested by the consumer. Also, the text of these terms and conditions can be made available electronically to the consumer in a way that the consumer can store the data in a sustainable data carrier. If this is not possible, the fact that the terms and conditions are freely available will be noticed, before the distance contract is concluded.
3. If certain products or service conditions apply besides these general terms and conditions, the second paragraph shall apply and the consumer, if there is a conflict in the general terms and conditions, can always rely on the most favorable applicable provision for him / her.
Article 4 - Agreements
1. The agreement is concluded at the time of acceptance by the consumer of the offered products and/or services and when the terms and conditions have been met, in compliance with paragraph 6 of this article.
2. The entrepreneur immediately confirms the receipt of the acceptance electronically. Until the receipt of acceptance is not confirmed by the entrepreneur, the consumer may rescind the contract.
3. The entrepreneur takes appropriate technical and organizational security measures to protect the electronic transfer of data. The entrepreneur shall take appropriate safety precautions if the consumer will pay electronically. In that context, the operator shall take care of a secure web environment.
4. the company will send information about the product or service, in writing or in such a way that the information can be stored on a durable medium:
a. visit to the address of the establishment of the company where consumers can lodge complaints;
b. the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
c. the data mentioned in article 5, paragraph 3, unless the entrepreneur already provided information to the consumer before the execution of the contract;
d. information on the guarantees and after sales service;
e. the conditions and how the consumers can use the right of withdrawal or a clear message regarding the exclusion of the right of withdrawal;
5. The provision in paragraph 4 only applies to the first delivery if the entrepreneur is committed to providing a range of products or services;
6. The entrepreneur can ask (within the limits of the law) if the consumer is able to make his payment obligations, and of all the facts and factors that are important to a sound conclusion of the distance contract.
If the entrepreneur, on the basis of his study, was justified to terminate the contract, he is entitled to refuse an order or request, and/or he can implement special conditions.
Article 5 - The offer
1. The operator shall clearly indicate if an offer has a limited duration or is subjected to special conditions.
2. Our offer includes a full, accurate and detailed description of the products and / or services so that the consumer can review all products / services well. If pictures are used to clarify the products and / or services:Obvious mistakes or errors in the offer, when a consumer can see directly that a mistake or error has been made, do not bind the entrepreneur.
3. When an offer is made, the operator clearly states the rights and duties of the consumer when the offer is accepted. Important are:
- Price, included Dutch taxes
- Cost of delivery (if applicable);
- How the agreement will be achieved;
- Method of delivery, payment or performance of the contract;
- How the consumer, before the conclusion of the agreement, can become informed about by him not wanted actions, and the way he can recover from that before the contract is concluded;
- The languages wherein the contract can be concluded;
- The conduct to which the company is subject and the way the consumers can consult these codes electronically
- The minimum duration of the distance contract in the event of a contract that involves the continuous or periodic delivery of products and/or services.
- Whether or not to apply the right of withdrawal;
- If the agreement is filed after the adoption, it can be consulted by he consumer;
- The price for distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate;
- Deadline for accepting the offer, or the period for adhering to the price;
Article 6 - The price
1. All prices of products or services are included of Dutch VAT. There may be no hidden costs such as taxes (VAT), packaging or shipping. If these charges are applicable, it should be clearly stated in the offer;
2. The prices of the products and / or services are not increased during the period mentioned in the offer, except for price changes resulting from changes in tax rates.
3. If there are products or services whose prices are subject to fluctuations in the financial market where the entrepreneur has no effect on, notwithstanding the preceding paragraph, the product / service can be offered with a fluctuating price. This should be clearly stated at the offer;
4. Price increases within three months after the conclusion of the agreement are not permitted unless they result from legislation or regulations.
5. Price increases from three months after the conclusion of the agreement are not permitted unless the entrepreneur has stated that it is the result of statutory regulations or rules. The consumer has the option to terminate the contract in case of a price increase.
Article 7 - Payment
1. The amounts of money owed by the consumer has to be paid within fourteen days after delivery of the goods or in case of a contract to provide a service, or within 14 days after issuance of documents relating to that service, unless something other has been agreed.
2. If there is non-default by the consumer, the entrepreneur, unless legally restricted, can charge reasonable expenses incurred by the consumer if it has been notified prior to the consumer.
3. Any inaccuracies in the supplied or specified data have to be noticed to the entrepreneur immediately.
4. In the terms and conditions is stated that consumers never have to make a prepayment of more than 50% of the total price. Prepayments of more than 50% can be agreed to. If a payment has been agreed to, the consumer may not assert any rights regarding the implementation of the relevant order or service before the agreed payment is made.
Article 8 - Right of withdrawal upon delivery of products
1. The consumer has, when purchasing, at least fourteen days from the date of receipt of the product by or on behalf of the consumer to the contract the right to withdrawal without giving any reason to dissolve.
2. If the consumer exercises the right of withdrawal, the product can only be unzipped or to whatever extent necessary to make the decision whether the consumer wants the product to be maintained. During this period the consumer will carefully handle the product and packaging. The consumer has to return the product with all accessories and, where possible, in the original state and packaging to the entrepreneur, indicated by the entrepreneur according to the reasonable and clear instructions.
Article 9 - Right of withdrawal in service delivery
1. Consumers have in the delivery of services for at least fourteen days, commencing on the day of entering into the contract, the right to dissolve the contract without giving any reason to dissolve.
2. Consumers have to use the clear instructions given by the entrepreneur when using the right of withdrawal.
Article 10 - Costs in case of withdrawal
1. If the consumer exercises the right of withdrawal, only the costs of return, if applicable , are his bill.
2. If the consumer has paid a price, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 11 - Exclusion of withdrawal right
1. The withdrawal right may only be excluded if the entrepreneur has clearly stated that in the offer and time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) that are not durable or become obsolete;
b) which by their nature can not be returned;
c) for audio and video recordings or computer software if the consumer has had to break the seal.
d) for individual newspapers and magazines;
e) by the entrepreneur have been established in collaboration with the consumer;
f) whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
g) that are clearly personal in nature;
3. Exclusion of the right of withdrawal is possible in services:
c) to betting and lotteries.
b) services which are provided with the express consent of the consumer, before the period has expired;
c) for transport, catering, accommodation or leisure to carry on a certain date or during a specified period;
Article 12 - Duration Transactions
1. In a contract for indefinite time, consumers can always denounce the applicable termination rules and a notice of up to one month.
2. The maximum duration of a contract for a definite period is two years. If it is agreed that the silence of the consumer distance contract will be renewed, the agreement will continue as a contract of indefinite duration and will continue after the notice of the agreement up to one month.
Article 13 - Delivery and implementation
1. Upon receipt and in the execution of orders and products, and in assessing applications for the provision of services, the entrepeneur will handle it extremely cafefully.
2. The entrepreneur recognizes electronic communications and the validity or legal effect, and won’t that only becuase of the fact that the communication is electronic.
3. If delivery of an ordered product permanently proves impossible, the trader will endeavor to substitute a similar item available.
When the delivery happens, it will be a clear and comprehensible manner that a replacement item has been delivered. For replacement items, the right of withdrawal can not be excluded and the consumer is free to terminate the agreement. The costs of any return are on behalf of the entrepreneur.
4. Unless expressly agreed otherwise, the risk of loss and / or damage to goods until the moment of delivery are on behalf of the consumer.
5. The address that the consumer has notified the operator is considered the place where ordered products have to be delivered.
6. The entrepreneur will deal with accepted orders expeditiously within 30 days unless a longer delivery time is agreed, regarding to the provisions of article 5. If there is delay in delivery, or if an order is not or only partially not carried out, the consumer receives the product one month after the order was placed tops. In such cases, the consumer has the right to terminate the contract without penalty and has a right to a reasonable compensation.
7. In the event of termination under the preceding paragraph, the entrepreneur has to repay the amount that the consumer has paid as soon as possible but within 30 days after termination.
Article 14 - Warranty
A by the trader, manufacturer or importer as a guarantee scheme, can not reduce or set aside the rights and claims that consumers have in regard to the obligations of the entrepreneur in relation to the consumer;
Article 15 - Conformity
The company guarantees that the products and / or services meet the contract, the specifications are the same as in the offer, the requirements of usability and / or soundness are reasonable and the date of the conclusion of the agreement meets existing legal provisions and / or government regulations.
Article 16 - Complaints
1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
2. Complaints about the performance of the contract must be within a reasonable time after the consumer has found the defects, fully and clearly described and submitted to the entrepreneur.
3. The entrepreneur will deal with complaints as soon as possible but in any case within 14 days from the date of receipt. If a complaint has a foreseeable longer processing time, then the entrepreneur will respond within the period of 14 days with an acknowledgment and an indication when the consumer can expect a more detailed answer.
