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Terms & Conditions of ALBERT VAN DORSSEN | favorite designs

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(Based on the Conditions for nonmembers Dutch Home Shopping Organization)

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

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 - Compliance and Warranty

Article 11 - Delivery and implementation

Article 12 - Duration Transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different terms

Article 1 - Definitions

In these terms and conditions shall apply:

  1. Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of professional or business and agreeing with a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
  5. Durable medium: any means that enables the consumer or entrepreneur to store information which is personally directed to him, in such a way that future consultation and unaltered reproduction of the stored information is possible.
  6. Right of withdrawal: the ability for consumers to withdraw from the contract within the withdrawal period;
  7. Entrepreneur: the natural or legal products and / or remote services to the consumer;
  8. Distance contract: an agreement whereby there is an exclusive use of one or more means of distance communication, made possible by the entrepreneurs’  organized system for distance selling of products and / or services until the conclusion of the agreement .
  9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same area have come together.

Article 2 - Identity of the entrepreneur

ALBERT VAN DORSSEN

Wateringen;

Maasdijkseweg 130, 2291 PJ Wateringen;

Phone: 0417-220097 on weekdays from 10AM – 04PM

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Dutch Chamber of Commerce number: 27287716

VAT identification number: 126198184B01

Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
  2. Before concluding a distance contract, the text of these general conditions are made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, a remark is made that the general conditions can be consulted at the entrepreneur domicile and-or can be send to the consumer at his request as quickly as possible without any charge.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions are made electronically available to the consumer in such a way that the consumer can store these in a simple way on a durable medium. If this is not reasonably possible, before the distance contract is concluded, a remark is made where the general conditions in electronic form can be taken and-or can be electronically or otherwise send to the consumer at his request without charge.
  4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer, in case of conflicting terms, can always rely on the applicable provision which is most favorable for the consumer.

Article 4 - The offer

  1. If an offer has a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper judgment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services. Obvious mistakes or errors in the offer are not binding to the entrepreneur.
  3. Each offer contains such information, which explains to the consumer all rights and obligations linked to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any costs of delivery;
    • how the agreement will be concluded and which actions this will require;
    • whether or not to apply the right of withdrawal;
    • the method of payment, delivery and performance of the contract;
    • The deadline for accepting the offer, or the period within which the entrepreneur guaranties the price;
    • the level of the fee of distance communication if the cost of using the means of distance communication are calculated on a basis other than 
    • he regular fee for the means of communication;
    • whether the agreement after the conclusion is filed, and if so in what way consumers can consult these;
    • the way the consumer, before the conclusion of the contract, can check the contract data and edit these if necessary;
    • any other languages, including English, the contract can be concluded;
    • the conduct to which the entrepreneur is subject and the manner in which the consumer can  electronically consult the conduct.
    • the minimum duration of the distance contract in the event of a duration transaction.

Article 5 - The contract

  1. The agreement is concluded, without prejudice of paragraph 4, at the time that the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
  4. The entrepreneur can - within the law - inform consumers of their payment obligations, and of all facts and factors that are important to a sound conclusion of the distance contract. If the entrepreneur, under this investigation,  was justified in the agreement not to conclude the contract, he is reasoned entitled to refuse an order or request or to implement additional conditions to the contract.
  5. The entrepreneur will attach to delivery of the product or service to the consumer the following information, in writing or in such a way that the consumer can easily access and store this information on a durable medium:
    1. the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
    2. the conditions and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information on guarantees and after-sales service;
    4. terms and conditions according Article 4 paragraph 3, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
    5. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
  6. In the event of a duration transaction, the provision which is made in the preceding paragraph shall apply only to the first delivery

Article 6 - Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer can cancel the contract without giving any reason to cancel within 14 days. This decision period commences on the day following receipt of the product by the consumer or by a previously designated by the consumer and to the entrepreneur announced representative.
  2. During the period the consumer will treat the product and packaging carefully. He will unpack the product only in such a manner as is necessary to judge whether he will keep the product or will withdraw. If he exercises his right of withdrawal, he will send back the product with all accessories in their - if reasonably possible - original condition and packaging to the Entrepreneur in conformity with the Entrepreneur's reasonable and clear instructions.

When providing services:

  1. When providing services, the consumer can cancel the contract without giving any reason for at least fourteen days, commencing on the date of entering into the agreement.
  2. To exercise his right of withdrawal, the consumer will follow the entrepreneur’s instructions which were given together with the offer and / or with the delivery of the service.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, his cost will not exceed the cost of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible but no later than 30 days after the return or cancellation.

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of consumers to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneurclearly stated this in the offer, at least in sufficient  time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. which are considered by the entrepreneur to be in accordance to the specifications of the consumer;
    2. which are clearly personal in nature;
    3. which by their nature cannot be returned;
    4. which rapidly decay or become obsolete;
    5. whose price depends on fluctuations in the financial market outside the entrepreneur's control;
    6. which are for individual newspapers and magazines;
    7. which can be indicated as audio and video recordings and computer software that the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. on accommodation, transport, catering or leisure which are linked to a certain date or during a specified period;
    2. which are set intowith the expressed consent of the consumer, before the withdrawal period has expired;
    3. on betting and lotteries.

Article 9 - The price

  1. During the period mentioned in the offer prices of the products and / or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the entrepreneur can offer the business products or services with variable prices for whose prices which are subject to fluctuations in the financial market over which the entrepreneur has no influence. In the occasion that prices are preliminary prices, the entrepreneur will state this clearly in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed this beforehand and:
    1. they are the result of statutory regulations or provisions, or
    2. the consumer has the power to terminate as of the date the increase takes effect.
  5. The supply of products or services mentioned prices are VAT excluded. The VAT calculation though will be clearly mentioned in the final check-out overview, before the contract is concluded.

Article 10 - Compliance and Warranty

  1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other use than normal use.
  2. Guarantees provided by the entrepreneur, manufacturer or importer do not affect the consumer’s statutory rights and claims which the consumer, under the contract, may assert against the entrepreneur.
  3. Defects in products, which the consumer proves that within one month from the date of receipt have arose, and which are exclusively or predominantly caused by faulty workmanship or usage of poor materials, will be repaired by the entrepreneur.
  4. The employer is not obliged to pay any damages, direct or indirect or consequential damages suffered by the consumer or any third party.
  5. The warranty does not apply: A) for defects resulting from improper use by or neglect on the side of the consumer, B) if the cause of the error cannot be clearly demonstrated, C) if the consumer has not promptly and fully complied with all for the use of the product given instructions and other specific guarantee requirements, D) for defects due to normal wear, improper handling, excessive load or use of inappropriate equipment and corrosive chemicals.
  6. The warranty is void if the consumer does not, not timely or not properly fulfill any obligation arising under this or any other agreement related thereto, including in those conditions mentioned obligations regarding inspection and complaints (Article 11, paragraph 7 and Article 14, paragraph 2)
  7. Unless expressly agreed otherwise, the entrepreneur is only obliged to fulfill the guarantee obligations in this Article in the Netherlands.

Article 11 - Delivery and implementation

  1. The entrepreneur will exercise the greatest possible diligence in receiving and executing orders of products and in addressing questions in relation to the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will deliver the accepted orders as soon as possible and within 30 days maximum, unless a longer delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer is informed about this no later than 30 days after the order was placed. The consumer in this case has the right to cancel the contract without penalty and is entitled to any compensation.
  4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount that consumers paid as soon as possible but no later than 30 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide a replacement product. Before and no later than on delivery date, the entrepreneur will inform the consumer in a clear and comprehensible manner that a replacement product is delivered. For replacement products the right of withdrawal cannot be excluded. The costs of any returns will be paid by the entrepreneur.
  6. The risk of damage and / or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a pre-designated and by the entrepreneur announced representative, unless otherwise expressly agreed.
  7. The consumer checks the products upon receipt. The consumer has 3 days, counted from and including the day of receipt, to check all products for damage and to inform the entrepreneur about damage in writing. Damaged products will be replaced by the entrepreneur with correct products.

Article 12 - Duration Transactions: termination, renewal and duration

Denounce

  1. The consumer may terminate a contract for indefinite period and that extends to the regular delivery of goods (including electricity) or services, at any time. The consumer must take into account a notice of maximum one month and other agreed termination rules.
  2. The consumer may terminate a contract for a definite period and that extends to the regular delivery of goods (including electricity) or services, at any time. The consumer must take into account a notice of maximum one month and other agreed termination rules.
  3. The consumer, in the previous paragraphs mentioned agreements, can:
    • cancel at any time and not be limited to terminate at a certain time or in a given period;
    • at least recite in the same way as they are entered into by him;
    • Always terminate with the same notice as the entrepreneur himself has stipulated.

Renewal

  1. A contract for a definite period and that extends to the regular delivery of goods (including electricity) or services, may not be extended or tacitly renewed for a limited period.
  2. Notwithstanding the preceding paragraph, a contract for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines can be tacitly renewed for a fixed period of up to three months, if the consumer may terminate the extended agreement with notice not exceeding one month, against the end of the extension.
  3. A contract for a definite period and that extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may terminate with a notice period of one month and a notice of up three months in the event the agreement is to regularly, but less than once per month, delivery of daily newspapers and weekly newspapers and magazines.
  4. A contract with limited duration concerning regular delivery of daily newspapers and weekly newspapers and magazines (trial or introductory subscription) with the purpose of introduction is not implied continued and ends automatically after the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer has the right to terminate the contract after one year at any time with a notice period of up to one month, unless the reasonableness and fairness resist against termination before the end of the term.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts has to be paid by the consumer within 14 days, also being called the payment period which starts at the same date as the ‘decision period’ as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, the payment period begins to run after the consumer has received confirmation of the contract.
  2. When selling products to consumers, the terms and conditions may never impose a prepayment of more than 50%. If an advance payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the advance payment has been made.
  3. The consumer has the duty to inaccuracies in the supplied or specified payment immediately to the entrepreneur.
  4. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable cost.

Article 14 - Complaints

  1. The entrepreneur has a well-publicized complaints procedure and resolves the complaint under the complaints procedure.
  2. Complaints about the execution of the agreement must be announced to the entrepreneur within the following specified period, fully and clearly described and submitted, after the consumer has discovered the defects. A complaint relating to incomplete or damaged delivery of the product must be announced within a period of 3 days from and including the date of receipt. A complaint concerning a defective product must be announced within the guarantee period being 1 month from and including the date of receipt. Complaints announced outside the above mentioned periods are not eligible for reclamation.
  3. When the entrepreneur receives a complaint from the consumer, the entrepreneur must answer the consumer within a period of 14 days from the date of receipt. If a complaint takes a foreseeable longer processing time, then the entrepreneur must answer the consumer within the period of 14 days with a message confirming the receipt and indicating when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement this creates a dispute that is subject to a dispute.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer of these general terms and conditions, only Dutch law is applicable.

Article 16 - Additional or different terms

Additional or different provisions of these terms should not disadvantage the consumer and should be recorded in writing or in such a way that the consumer can store the additional or different provisions in an accessible manner on a durable medium.

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Contact information

ALBERT VAN DORSSEN
Maasdijkseweg 130
2291 PJ Wateringen
The Netherlands

T: 0031(0)174 220097
F: 0031(0)174 220612
E: fd@albertvandorssen.com