Article 1 – Definitions
In these terms and conditions, the following definitions shall apply:
1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
3. Day: calendar day;
4. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
5. Entrepreneur: the natural or legal person who offers products to consumers at a distance;
6. Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusively or partly one or more remote communication techniques are used;
7. Written: in writing also means electronic communication, such as e-mail, provided the identity of the sender and the authenticity of the communication are sufficiently established.
Article 2 – Identity of the entrepreneur
V.O.F. Creative Use of Technology
Reigerstraat 16, 4811 XB, Breda, The Netherlands
Phone number: 076 7504146
E-mail address: [email protected]
Chamber of Commerce number: 55231136 VAT: NL851617943-B01
Article 3 – General
1. These general conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
3. The entrepreneur confirms the receipt of the acceptance of the offer without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
4. In exception to paragraph 2, the agreement is only concluded after the entrepreneur, within the legal framework, has informed himself whether the consumer can meet his payment obligations, as well as other facts and factors that are important for a responsible conclusion of the distance contract. If there are good reasons, the entrepreneur has the right not to enter into the agreement, to dissolve it or to attach special conditions to the agreement.
Article 4 – Right of withdrawal
1. The consumer has the right to dissolve the agreement without giving reasons within 14 days after receipt of the product by the consumer or the third party designated by the consumer.
2. During the withdrawal period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
3. If the consumer wishes to make use of the right of withdrawal, he reports this to the entrepreneur within the withdrawal period by means of the model withdrawal form or in writing. The entrepreneur shall send a confirmation of this message without delay.
4. The consumer has 14 days to cancel the order and notify the return. After notification, the consumer has 14 days to return the product.
5. Products must be returned with all accessories supplied and as much as possible in the original condition and packaging, in accordance with the clear and reasonable instructions provided by the entrepreneur.
6. Should the product be damaged or the packaging more damaged than necessary to try the product, we may pass this depreciation of the product on to you. So please treat the product with care and make sure it is properly packaged when returning it.
7. In case of withdrawal, the consumer shall bear the costs and risk of returning the product.
8. Operator shall reimburse the payment received from the consumer no later than 14 days after withdrawal.
9. Products made to measure by us can be returned only by agreement and under conditions.
10. In case of replacement and refund, we are entitled to request the return of the defective products, if desired by us. Costs arising from this return are for our account.
Article 5 – Exclusion of the right of withdrawal
The right of withdrawal is excluded for products:
1. that have been manufactured according to the consumer’s specifications;
2. that are personal in nature;
3. whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
4. that spoil or age quickly;
5. newspapers, magazines or periodicals, with the exception of subscriptions to these.
Article 6 – Delivery
1. The place of delivery is the address that the consumer has made known to the entrepreneur.
2. The entrepreneur will deliver accepted orders within 30 days at the latest, unless another delivery period has been agreed upon. The entrepreneur will timely report delays in delivery.
3. If delivery only takes place or can take place after these 30 days, the consumer has the right to dissolve the agreement. Upon dissolution, the entrepreneur will refund the payments received from the consumer.
4. The risk of damage or loss of products rests with the entrepreneur until the moment of delivery to the consumer or the third party designated by the consumer.
Article 7 – Complaints and Disputes
1. To agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days after receipt of the complaint. If a complaint cannot be handled within 14 days, the entrepreneur will notify the consumer in a timely manner, giving an indication of when the consumer can expect a solution.
4. For complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur(www.webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership via https://www.webwinkelkeur.
Article 8 Intellectual Property
Creative Use of Technology retains the intellectual property of his or her product and/or design and all manifestations thereof, such as models, (digital) drawings, sketches, photographs, etc.
Article 9 The price
all prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 Applicable Law
Dutch law applies to the agreements entered into by and with Creative Use of Technology.
Only the Dutch civil court that has jurisdiction in the place of business of Creative Use of Technology takes cognizance of disputes, unless this is contrary to mandatory law. Creative Use of Technology may deviate from this jurisdiction rule and apply the legal jurisdiction rules.
Article 11 Privacy Policy
We use your address for shipping the order.
Your email address is used for order confirmation, billing, and to keep you informed about the order. If you check that you want to receive the newsletter, you will also receive the digital newsletter. You can unsubscribe from this newsletter again.
We only use your telephone number if we have questions regarding the sending of your order. For example for additional information.
Do you want us to change or delete your data? Mail to [email protected] and we’ll make it right for you.
