General Terms and Conditions of dekonilnl.com

Index:

1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Contract
6. Right of Withdrawal
7. Costs in Case of Withdrawal
8. Exclusion of Right of Withdrawal
9. The Price
10. Conformity and Warranty
11. Delivery and Execution
12. Duration Transactions: Duration, Cancellation, and Extension
13. Payment
14. Complaints Procedure
15. Disputes
16. Additional or Deviating Provisions

1. Definitions

1. Reflection period: The period in which the consumer can make use of their right of withdrawal.
2. Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
3. Day: A calendar day.
4. Duration transaction: A distance contract concerning a series of products and/or services, with obligations spread over time.
5. Durable medium: Any means that allows the consumer or entrepreneur to store information in a way that enables future consultation and unchanged reproduction.
6. Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
7. Model form: The withdrawal form provided by the entrepreneur for consumers wishing to exercise their right of withdrawal.
8. Entrepreneur: The legal entity or natural person offering products and/or services at a distance to consumers.
9. Distance contract: An agreement concluded via a system organized by the entrepreneur for distance selling of products and/or services, using one or more means of distance communication.
10. Technique for distance communication: Any method that can be used to conclude a contract without the consumer and entrepreneur being physically present.
11. Terms and Conditions: These General Terms and Conditions of dekonilnl.com.

2. Identity of the Entrepreneur

Business Name: MAD SHOP DESIGN BV
Trading Name: dekonilnl.com
Office Address: Floraplein 13, 5721 CT Asten, Netherlands (Not a visiting address)
Telephone Number: +31 6 57099899
Availability: Monday to Friday, 09:30 – 17:00
Email: info@dekonilnl.com
Chamber of Commerce Number: [Insert Number]
VAT Number: [Insert Number]

3. Applicability

1. These terms apply to every offer and every distance contract between the entrepreneur and the consumer.
2. Before a distance contract is concluded, the text of these terms will be made available to the consumer.
3. If the contract is concluded electronically, these terms can be provided electronically in a way that allows storage on a durable medium.
4. If additional product or service conditions apply, the consumer can always invoke the provision most favorable to them.

4. The Offer

1. Offers have a limited validity period or are subject to conditions, which will be explicitly stated.
2. The offer is without obligation. The entrepreneur may amend or adjust the offer.
3. The offer includes a complete and accurate description of the products and/or services.
4. All images, specifications, and information in the offer are indicative and do not entitle the consumer to compensation.
5. Products with images reflect the actual product, but colors may vary.
6. The offer includes details regarding price, taxes, shipping costs, right of withdrawal, payment, delivery, contract duration, and other relevant terms.

5. The Contract

1. The contract is concluded when the consumer accepts the offer and meets the conditions set.
2. If accepted electronically, the entrepreneur will confirm receipt immediately.
3. The entrepreneur ensures the security of electronic data transfers.
4. The entrepreneur may verify the consumer’s payment ability and refuse an order if justified.
5. The entrepreneur will send all relevant contract details, including withdrawal rights, guarantees, and business contact information.

6. Right of Withdrawal

1. The consumer may withdraw from a contract within 14 days without stating a reason.
2. The reflection period starts when the consumer or an authorized third party receives the product.
3. The consumer must handle the product and packaging carefully and return it in original condition if withdrawing.
4. The entrepreneur must be notified of withdrawal within 14 days.
5. The consumer must return the product within 14 days of withdrawal notification.
6. The entrepreneur will refund payments within 14 days of receiving the returned product.

7. Costs in Case of Withdrawal

1. The consumer bears the cost of returning the product.
2. If the product is damaged due to improper handling, the consumer is liable for depreciation.

8. Exclusion of Right of Withdrawal

1. The entrepreneur can exclude the right of withdrawal for specific products and services, as described in paragraph 2 and 3.
2. Exclusion of the right of withdrawal is only possible for products:
   • That have been made to the consumer’s specifications.
   • That are clearly personal in nature.
   • That cannot be returned due to their nature.
   • That can spoil or age quickly.
   • Whose price is dependent on fluctuations in the financial market beyond the entrepreneur’s control.
   • That are newspapers or magazines.
   • That involve audio or video recordings or computer software if the consumer has broken the seal.
   • That are hygienic products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is possible for services:
   • Relating to accommodation, transport, restaurant services, or leisure activities on a specific date or period.
   • That have already begun with the consumer’s consent before the reflection period has ended.
   • Relating to betting and lotteries.

9. The Price

1. During the validity period stated in the offer, prices of the products and/or services will not be increased, except for changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer variable pricing if the prices are subject to fluctuations in the financial market beyond their control.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
4. Price increases after 3 months following the contract conclusion are only allowed if:
   • They are the result of legal regulations.
   • The consumer has the right to terminate the contract effective from the date the price increase applies.
5. The prices mentioned in the offer include VAT unless stated otherwise.
6. Any printing or typographical errors in prices are non-binding. The entrepreneur is not obligated to fulfill an order at an incorrectly listed price.

10. Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, and legal requirements.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights.
3. Any defects or incorrect deliveries must be reported to the entrepreneur within four weeks of delivery.
4. The warranty period aligns with the manufacturer’s warranty term. The entrepreneur is not responsible for product suitability for individual consumer needs.
5. The warranty does not apply if:
   • The consumer has repaired or altered the product themselves or through third parties.
   • The product has been exposed to abnormal conditions, mishandled, or used contrary to the entrepreneur’s instructions.
   • The defect results from government regulations affecting the product’s quality or material.

11. Delivery and Execution

1. The entrepreneur ensures careful handling of product orders and service requests.
2. The delivery address is the one provided by the consumer.
3. Orders will be delivered promptly, within 30 days unless a different timeframe is agreed upon. If delayed, the consumer can terminate the contract at no cost.
4. All delivery periods are indicative, and no rights can be derived from exceeding them.
5. In case of contract termination due to non-delivery, the entrepreneur will refund the consumer within 14 days.
6. If delivery of an ordered product is impossible, the entrepreneur will offer a replacement item. Consumers retain the right of withdrawal for replacements.
7. The risk of damage or loss remains with the entrepreneur until the product reaches the consumer.

12. Duration Transactions: Duration, Cancellation, and Extension

1. Consumers can terminate indefinite-term contracts for regular product or service delivery at any time with a maximum one-month notice.
2. Fixed-term contracts may be terminated at the end of the agreed period with a maximum one-month notice.
3. Fixed-term contracts may only be extended indefinitely if the consumer can terminate at any time with a one-month notice.
4. Trial subscriptions for newspapers or magazines end automatically after the trial period.
5. If a contract duration exceeds one year, the consumer can cancel it at any time with one month’s notice unless fairness dictates otherwise.

13. Payment

1. Unless otherwise agreed, payments must be made within seven working days after the reflection period starts.
2. The consumer must report any inaccuracies in provided payment details immediately.
3. In case of non-payment, the entrepreneur reserves the right to charge additional costs as permitted by law.

14. Complaints Procedure

1. The entrepreneur has a clearly defined complaints procedure and processes complaints accordingly.
2. Complaints about contract execution must be submitted within seven days of discovery.
3. The entrepreneur will respond to complaints within 14 days. If more time is needed, an estimated response timeline will be provided.
4. If a dispute arises that cannot be resolved mutually, it may be referred to an official dispute resolution body.
5. Filing a complaint does not exempt the consumer from payment obligations.
6. If the complaint is found valid, the entrepreneur will replace or repair the delivered products free of charge.

15. Disputes

1. Contracts between the entrepreneur and the consumer are governed exclusively by Dutch law.
2. The Vienna Convention on the International Sale of Goods does not apply.

16. Additional or Deviating Provisions

1. Any supplementary or deviating provisions may not be at the expense of the consumer.
2. These provisions must be documented in writing or stored by the consumer in a durable, accessible format.