Contents
Article 1 Definitions
Article 2 Identity of the company
Article 3 Scope of application
Article 4 The Offer
Article 5 The Agreement
Article 6 Right of withdrawal
Article 7 Costs in case of withdrawal
Article 8 Exclusion of withdrawal
Article 9 Pricing
Article 10 Compliance and warranty
Article 11 Delivery and Execution
Article 12 Payment
Article 13 Complaints procedure
Article 14 Disputes
Article 15 Additional or deviating terms
Article 1 – Definitions
In these Terms & Conditions the following definitions are applicable:
Consideration time: the period of time during which the consumer can execute the right of withdrawal;
Consumer: the natural person not dealing on behalf of a company or profession and who comes to an agreement at a distance with the company;
Day: calendar day;
Durable Medium: storage device that allows the consumer or the Company to store information provided to him personally to be stored in a way that future consultation and unaltered reproduction of the stored information is made possible;
Right of Withdrawal: the possibility for the consumer to opt out of the contract at a distance within the withdrawal time period;
Model form: the model form that the company makes available for the consumer which he/she can fill in to exercise his/her right of withdrawal;
Company: the natural person or corporation who offers products to consumers at a distance;
Agreement at a distance: an agreement which is concluded within the framework of an organised system for the company, with the use of one or more means of communication at a distance;
Technology for distant Communication: means that can be used to conclude an agreement at a distance, without the consumer and company having to meet at a specific location;
Terms and conditions: these general Terms and Conditions of the Company.
Article 2 – Identity of the company
Dutch Design Cufflinks
Klein Duimpje 13
5629LD Eindhoven
The Netherlands
Telephone number: +31 6 17 90 15 40
E-mail address: info@dutchdesigncufflinks.com
Chamber of commerce number: 56316259
VAT identification number: NL001330805B97
Article 3 – Scope of application
1. These Terms and Conditions apply to every offer of the company and any agreement at a distance between the company and the consumer.
2. Before the agreement at a distance is concluded, these Terms and Conditions will be made electronically available to the consumer in such a way that they can be easily stored on a durable data carrier by the consumer. If, for whatever reason, this is not possible the company will indicate that the terms and conditions can be requested by e-mail before the agreement at a distance is concluded.
3. If in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer can, in the event of conflicting terms and conditions, always relay on the applicable provision that is most favourable to him.
4. When one or more articles of these terms and conditions are void or destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant article will be replaced by a article that covers the original as much as possible.
5. Situations that are not governed in these Terms and Conditions, should be assessed ‘in the spirit’ of these terms and conditions.
6. Lack and clarity about the interpretation or content of one or more articles of our Terms and Conditions, must be explained ‘in the spirit’ of these Terms and Conditions.
Article 4 – The offer
1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.
2. The offer in the web shop is without obligation. The company is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed so that a proper assessment of the offer can be made by the consumer. If pictures are used, these will give an accurate reflection(attention: also read the product specific terms and conditions) of the products/services offered.
4. All pictures and specifications in the offer are indicative and therefore cannot result in any form of compensation or cancellation of the agreement.
5. Every offer will contain such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
o the price including taxes;
o the shipping costs;
o the way in which the agreement shall be concluded and which actions this will require;
o whether or not the right of withdrawal applies;
o the arrangements for payment, delivery and execution of the order;
o the deadline for accepting the offer, or the time period in which the company guarantees the offered price;
o the costs for communication at a distance, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
o whether the agreement is filed subsequent to its conclusion, and if so how the consumer can consult it;
o the way in which the consumer, before the agreement is concluded, can verify and if needed rectify the information he/she provided for the agreement;
o other languages in which the agreement can be concluded;
o the minimum duration of the agreement at a distance in the case of a duration transaction.
o the codes of conduct which this company has bound itself to, and how the consumer can access these codes of conduct while on-line.
Article 5 – Conclusion of the agreement
1. The agreement is, under the conditions stated in article 4, concluded at the time the consumer accepts the offer and complies with the corresponding terms and conditions.
2. When the consumer has accepted the offer on the webshop, the company will confirm the accepted offer by e-mail as soon as possible. As long as the confirmation has not been sent by the company the consumer has the right to cancel the order free of charge.
3. If the agreement is concluded electronically, the company shall take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the company will take appropriate security measures.
4. The company can – within statutory frameworks – inquire about the consumer’s ability to fulfil his payment obligations, as well as facts and factors that are important for a responsible conclusion of the agreement at a distance. If the company, through this research, has reasonable grounds not to accept the order, he will be judicially motivated to not accept the order or make it subject to additional terms and conditions.
5. The company will provide additional information in writing or in such a way that the consumer can store it on an accessible durable medium:
a. the address of the company;
b. 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 withdrawal;
c. information on existing after-sales service and warranties;
d. the conditions in article 4 paragraph 3 of this document, unless the company has already provided this information to the consumer before the agreement was made;
6. Any agreement or order is entered under the condition of sufficient availability of the products.
Article 6 – Right of withdrawal
1. In the event of a purchase, the consumer has the right to cancel the agreement without giving any reason within a period of 14 days. This period commences on the date of receipt of the product by the consumer or announced representative designated in advance by the consumer and the company.
2. During this period, the consumer shall handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether or not he wishes to keep the product. If he exercises his right of withdrawal, he will return the product and all additional accessories in its original state and packaging to the company. This will be done in accordance with the instructions provided by the company.
3. If the consumer wants to use his right of withdrawal he is obliged to make this known to the company within 14 days after receiving all of the products. The consumer can do this filling out the withdrawal form available in the webshop. The consumer shall return the product to the company within 14 days after filling out and sending the form. The consumer has to provide evidence that the products have been shipped back in a timely manner by, for example, a proof of dispatch.
4. If the consumer at the end of the statutory period in paragraph 2 and 3 of this article has not expressed to want to make use of his right of withdrawal or the product has not been returned to the company, the sale is a fact.
5. There is no right of withdrawal if the product is commissioned by the consumer.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the products are entirely for the account of the consumer.
2. If the consumer has already paid for the product and shipping, the company shall ensure that the full amount is returned within 30 days after the consumer has requested to make use of his right of withdrawal. This is subject to the condition that the products have been received in good order by the company.
Article 8 – Exclusion right of withdrawal
1. The company can exclude the right of withdrawal of the consumer as far as provided for in paragraph 2 of this article. The exclusion of the right of withdrawal is valid only if the company states this clearly in the offer, at least before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. That the company has made in accordance with the consumer’s specifications;
b. That are clearly personal in nature;
c. That cannot be returned due to their nature;
d. Of which the price is subject to fluctuations on the financial market and thus is outside of the company’s influence;
e. Hygiene products that are sealed and of which the consumer has broken the seal.
Article 9 – Pricing
1. All prices mentioned are including applicable sales taxes.
2. All prices are subject to misprints. The company is not liable for misprints. In case of misprints the company is not obligated to deliver the product according to the incorrect price.
Article 10 – Compliance and warranty
1. The company guarantees that the products and/or services comply to the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and to the legal regulations effective on the date of the conclusion of the agreement.
2. A warranty by the company, manufacturer or importer does not alter the legal rights and claims that the consumer can assert under the agreement with the company.
3. Any defects or wrong products delivered must be reported in writing to the company within 2 days after delivery. Products must be returned in its original state and in the original packaging.
4. The warranty period of the company is 1 year. The terms and conditions for the warranty are explained in the product specific terms and conditions offered at the time of purchase. This document can be found on the website of the company.
5. The warranty does not apply when:
o The consumer or someone else than Dutch Design Cufflinks has repaired or made modifications to the product.
o The delivered products have been exposed to abnormal conditions or have otherwise been handled without care or have not been handled in accordance with the instructions of the company and/or as stated on the packaging.
Article 11 – Delivery and execution
1. The company will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.
2. The place of delivery is the address that the consumer has given to the company.
3. Accepted orders will be sent as soon as possible but no later than 30 days after the order has been made by the customer, unless otherwise agreed upon beforehand. If delivery is delayed, or if an order is not or only partially carried out, the consumer will receive a message and has the right to terminate the contract without penalty. However this does not give the consumer a right to compensation.
4. All delivery times are indicative. Exceeding a term gives consumers no right for compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the company will refund the amount which the consumer has already paid as soon as possible but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the company will attempt to provide a replacement product. The company will report, at the latest at the moment of delivery, that a replacement product will be delivered. Replacement articles are always subject to the right of withdrawal. The costs of any return shipment in this case shall be borne by the company.
7. The risk of damage and/or loss of products rests upon the company up to the moment of delivery to the consumer or an agreed upon representative of the consumer, unless otherwise expressively agreed upon.
Article 12 – Payment
1. Payment is done at the moment that the order is made by the consumer. Payments can be done with well known methods such as Creditcard, PayPal and iDeal.
2. The consumer has the duty to report inaccuracies in payment data provided or stated without delay to the company.
3. In case of non-payment subject to statutory limitations, the company has the right to charge the consumer for made costs as agreed upon during the ordering process.
Article 13 – Complaints procedure
1. The company has a well communicated complaints procedure. Complaints will be handled according to this procedure.
2. Complaints about the execution of the agreement should be sent to the company within 7 days after the shortcomings were identified. The shortcomings should be described in as much detail as possible.
3. Complaints sent to the company will be answered within 14 days after the complaint has been received. If a complaint requires more time to be processed the company will notify the consumer within the 14 day period that the complaint has been received and when he can expect a more detailed answer.
4. If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution.
5. With complaints that cannot be solved in joint consultation, the consumer has the possibility to submit his complaint at Stichting GeschilOnline. This party will give a binding verdict. The consumer and company agree with this binding verdict. The submission of a dispute to this arbitration party is not for free. The consumer agrees to pay the costs of the arbitration.
6. A complaint does not suspend the company of his obligations, unless the company indicates otherwise.
7. If the consumer complaint is justified, the company will either replace or repair the delivered product for free.
Article 14 – Disputes
1. Dutch law shall apply to all agreements between the consumer and the company on which these terms and conditions are applicable. This is also the case if the consumer does not live in the Netherlands.
2. The Vienna Sales Convention shall not apply.
Article 15 – Additional or deviating terms
Additional and deviating terms may not be disadvantageous to the consumer and should be recorded in writing or made available to the consumer in such a way that it can be easily stored on a durable data carrier by the consumer.