Terms of Service

Terms of service

OVERVIEW
This website is operated by Netherlands Souvenirs. Throughout the site, the terms “we”, “us” and “our” refer to Netherlands Souvenirs. Netherlands Souvenirs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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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 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-additional or different provisions
Article 1-Definitions

In these conditions it is understood that:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and / or Purchase Obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is 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 form for withdrawal that the entrepreneur makes available that a consumer can fill out when he wants to use 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, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General terms and conditions: the present general terms and conditions of the entrepreneur.

Article 2 – identity of the entrepreneur

Netherlands Souvenirs;
Kets 52
1156ax marks

Phone number: 0299 601250
E-mail address: bas@klompenmakerijmarken.nl
Chamber of Commerce number: 36051918
VAT identification number: NL146394550B01
Article 3-Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders 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 viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is not reasonably possible, 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 free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time completely or partially void or destroyed, then the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced by a provision that approximates the scope of the original as much as possible.
Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities about the explanation or content of one or more provisions of our Terms and conditions must be explained ‘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 adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious 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 compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. In particular, this concerns:
the price includes taxes;
the possible cost of shipping;
the way 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 acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the level of the distance communication tariff if the costs of using the distance communication technique 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, on which it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him within the framework of the agreement and, if desired, restore it;
the possible other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.

Article 5-the agreement

The agreement is concluded, subject to the provisions of Paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically,the entrepreneur will take appropriate security measures.
The entrepreneur can – within legal frameworks-inform himself whether the consumer can meet his payment obligations, as well as 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 enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification about the exclusion of the right of withdrawal;
the information about warranties and existing service after purchase;
the information contained in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information 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 indefinite.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.Article 6 – Right Of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer 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 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 makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as by e-mail. After the consumer has made it known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of a proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal. if the product has not been returned to the entrepreneur, the purchase is a fact.

In the provision of services:

When providing services, the consumer has the opportunity to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest with the delivery.

Article 7-costs in case of withdrawal

If the consumer makes use of his right of withdrawal, a maximum of the costs of return will be borne by him.
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. The condition is that the product has already been received back by the webshop or conclusive proof of complete return can be presented. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
In the event of damage to the product due to careless handling by the consumer himself, 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 the legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8-exclusion of 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 time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
which have been created by the entrepreneur in accordance with the specifications of the consumer;
which are clearly personal in nature;
which by their nature cannot be returned;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software for which the consumer has broken the seal;
for hygienic products whose SEAL has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
whose delivery began with the express consent of the consumer before the cooling-off period has expired;
regarding bets and lotteries.

Article 9-the price

During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – conformity and warranty

The entrepreneur guarantees 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 existing on the date of the conclusion of the agreement. 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 under the agreement.
The statutory warranty applies to all products. The duration of the legal warranty may vary based on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
The guarantee does not apply if:
the consumer has repaired and/or processed the delivered products himself or has had them repaired and / or processed by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been handled on the packaging;
the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 11-delivery and execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any said periods. Exceeding a period does not entitle the consumer to compensation.
In case 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 an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of 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 pre-appointed representative announced to the entrepreneur, 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 which extends to the regular delivery of products (including electricity) or services, at any time with due observance of 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 definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can use the agreements mentioned in the previous paragraphs:
cancel at any time and not be limited to cancellation at a certain time or in a certain period;
at least cancel in the same way as they were contracted by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of up to one month.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically 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 start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the obligation to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known 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 execution of the agreement must be submitted to the entrepreneur fully 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication 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 settlement procedure.
In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), this one will mediate for free. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not yet been reached, the consumer has the opportunity to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the ruling is binding and both entrepreneur and consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR 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 well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge.

Article 15-Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna sales Convention does not apply.

Article 16-additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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