AGB
GENERAL TERMS AND CONDITIONS
Table of Contents
Article 1 - Definitions
Article 2 - The 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 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Term Transactions: Term, Termination and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these Terms, the following terms have the following meanings:
Cooling off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or trade and who concludes a distance contract with the entrepreneur;
day: calendar day;
Term Agreement: A distance contract relating to a range of products and/or services where the delivery and/or purchase obligation is spread over a specified period of time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
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 provided by the trader that the consumer can fill in if he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement in which, up to and including the time of the conclusion of the contract, only one or more distance communication techniques are used as part of a system organized by the trader for the distance sale of goods and/or services;
Technology for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur 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
stumbling blocks
Horizon
E-Mail-Address: info@myresidencedesign.com
Chamber of Commerce number: 87187051
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 inspected at the business premises of the entrepreneur and that they will be sent to the consumer free of charge as soon as possible at his request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that he can easily save it on a durable medium. If this is not reasonably possible, then before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, either electronically or by other means, at the consumer's request.
If specific product or service conditions apply in addition to these general conditions, paragraphs 2 and 3 apply mutatis mutandis and the consumer can always invoke the provision most favorable to him in the event of conflicting general conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or repealed, the contract and these terms and conditions remain in force and the provision in question will be replaced by mutual agreement without undue delay by a provision that comes within the scope of the original one determination as close as possible.
Situations not covered by these Terms and Conditions must be assessed "in the spirit" of these Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious mistakes in the offer are not binding for the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement.
The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information from which the consumer can see what rights and obligations are associated with accepting the offer. This applies in particular to:
the price including taxes;
the possible costs of the shipment;
the manner in which the agreement is to come about and what actions are required for this;
whether or not the right of withdrawal applies;
the manner of payment, delivery and execution of the contract;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the amount of the long-distance communication tariff if the costs for the use of the long-distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion and, if so, how it can be viewed by the consumer;
the way in which the consumer can, before concluding the contract, check the information he has provided under the contract and correct it if he so desires;
any other language than Dutch in which the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a longer transaction.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is formed at the moment when the consumer accepts the offer and the conditions set out therein are met.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the legal framework - find out about the consumer's ability to meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or an application or to attach special conditions to its implementation.
The entrepreneur will provide the consumer with the product or service the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
The address of the establishment of the entrepreneur where the consumer can lodge complaints;
the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
the information on warranties and existing after-sales service;
the data referred to in Article 4 paragraph 3 of these conditions, unless the trader has already communicated them to the consumer before the conclusion of the contract;
the conditions for terminating the agreement if the agreement has a term of more than one year or is open-ended.
In the case of a fixed-term contract, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded subject to the condition precedent of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of the products:
When purchasing products, the consumer has the option to dissolve the contract within 14 days without giving any reason. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and the entrepreneur.
During the cooling phase, the consumer handles the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he must return the product to the entrepreneur with all accessories and - if reasonable - in the original condition and packaging, in accordance with reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must do this using the model form or another means of communication such as B. an e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that he has returned the delivered goods on time, e.g. B. by a posting receipt.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the sale is deemed to have taken place.
We have no refund/return policy on personalized illustrations as your purchase cannot be supplemented or resold. However, if for any reason you are not satisfied with your order, we will conduct a one-time free review.
In case of provision of services:
When providing services, the consumer has the opportunity to dissolve the contract without giving any reason within a period of at least 14 days from the date of conclusion of the contract.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions given by the entrepreneur in the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he only has to bear the costs for returning the goods.
If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but at the latest within 14 days after the withdrawal. The prerequisite is that the goods have already arrived at the dealer or conclusive proof of the return can be provided. The refund will be made using the same payment method that the consumer uses, unless the consumer expressly agrees to another payment method.
If the goods have been damaged through improper handling by the consumer, the consumer is liable for any depreciation of the goods.
The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all the information required by law about the right of withdrawal; this must be done before the conclusion of the purchase contract.
Article 8 - Exclusion of the right of withdrawal
The trader can exclude the consumer from his right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has made this clear when submitting the offer or at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products
created by the trader according to the specifications of the consumer;
which are clearly personal in nature;
Due to their nature, these cannot be returned;
That spoil or age quickly;
the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software whose seal has been broken by the consumer;
For hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services
for accommodation, transportation, dining out or leisure activities to be carried out on a specific day or during a specific period;
the delivery of which started with the express consent of the consumer before the end of the cooling-off period;
about betting and lotteries.
Article 9 - The price
During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which he has no influence, at variable prices. This connection with the fluctuations and the fact that the prices mentioned are recommended prices is mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed them and:
they result from legal regulations or provisions; or
the consumer is entitled to terminate the contract on the day the price increase takes effect.
The prices mentioned in the offer of the products or services include VAT.
All prices are subject to misprints and errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Compliance and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or fitness for purpose and the legal provisions and/or government regulations applicable at the time of the conclusion of the contract. 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 on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
The guarantee period of the entrepreneur corresponds to the guarantee period of the manufacturer. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
the inadequacy is due, in whole or in part, to regulations that have been or will be issued by the state with regard to the nature or quality of the materials used.
Article 11 - Delivery and performance
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of paragraph 4 of this article, the company will 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 be informed of this within 30 days of placing the order. In this case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from the stated delivery dates. Exceeding a deadline does not entitle the consumer to any 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 the dissolution.
If delivery of an ordered product is not possible, the entrepreneur will endeavor to find a replacement item. The fact that a replacement item will be delivered will be communicated in a clear and understandable manner at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of the return are borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur up to the point of delivery to the consumer or a representative previously designated and communicated to the entrepreneur, unless expressly agreed otherwise.
The consumer is responsible for providing a correct shipping and billing address at all times. If the delivery and/or billing address is incorrect, the additional costs will be borne by the consumer. The additional costs are to be determined by the entrepreneur at that time. If an incorrect delivery and/or billing address is provided, the right to a refund and/or cancellation will no longer apply.
Article 12 - Continuing Business: Duration, Termination and Renewal
termination
The consumer can terminate the contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the applicable rules for termination and giving notice of no more than one month.
The consumer may enter into a contract for a fixed period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, terminating the applicable termination rules and a notice period not exceeding one month.
The consumer can terminate the agreements referred to in the previous paragraphs
cancel at any time and not just cancel at a specific time or during a specific period;
finish them at least as they were completed by him;
always terminate with the same notice period that the entrepreneur has set for himself.
extension
A contract concluded for a definite period and extending to the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines can be automatically renewed for a fixed term of no more than three months if the consumer has the right to terminate this extended contract at the end of the renewal with a period of no more than one month to cancel.
A fixed-term contract for the regular delivery of goods or the provision of services can only be automatically renewed for an indefinite period if the consumer has the right to terminate the contract at any time by giving a notice period not exceeding one month, the notice period being three months may not exceed if the subject of the contract is the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
A time-limited contract for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
duration
If a contract lasts longer than one year, the consumer can terminate the contract at any time after one year with a notice period of up to one month, unless the reasonableness and equity preclude termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts to be paid by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has the obligation to immediately report inaccuracies in the data supplied or the payment indicated to the operator.
In the event of non-payment on the part of the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer for all reasonable costs that have been communicated to the consumer in advance.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within two months after the consumer has noticed the defects.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
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 should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved amicably, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check via https://www.webwinkelkeur.nl/ledenlijst/ whether this webshop has a current membership. If there is still no solution, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee set up by Stichting WebwinkelKeur, whose judgment is binding and with which both the entrepreneur and the consumer agree. Filing a dispute with this committee entails a cost that consumers must pay to the committee. There is also the option of submitting complaints via the European OS platform (http://ec.europa.eu/odr).
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, at his discretion, either replace or repair 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 conditions relate. Even if the consumer lives abroad.
The Vienna Sales Convention is not applicable.
Article 16 - Additional or different provisions
Provisions that are additional to or deviate from these general terms and conditions must not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can keep them accessible on a durable medium.