Article 1 – Definitions
In these conditions the following terms have the following meanings:
1. Reflection 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 professional activity;
3. Day: calendar day;
4. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
5. Entrepreneur: the natural or legal person who offers products to consumers from a distance;
6. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby until the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
7. In writing: in writing also includes electronic communication, such as e-mail, provided that the identity of the sender and 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
Telephone number: 076 7504146
Email address: firstname.lastname@example.org
Chamber of Commerce number: 56952392 VAT: NL851617943-B01
Article 3 – General
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. The agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
3. The entrepreneur will immediately confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
4. As an exception to paragraph 2, the agreement is only concluded after the entrepreneur has informed himself, within the legal frameworks, 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 any reason within 14 days after receipt of the product by the consumer or the third party designated by the consumer.
2. During the reflection 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, must he report this within the cooling-off period by means of the model withdrawal form or in writing to the entrepreneur. The entrepreneur immediately sends a confirmation of this message.
4. The consumer returns the product as soon as possible, but within 14 days from the day following the provisions of paragraph 3.
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.
- In case of withdrawal, the consumer bears the costs and risk of returning the product.
The entrepreneur will reimburse the payment received from the consumer within 14 days after the withdrawal.
- Products that are tailor-made by us can only be returned in consultation and under conditions.
- In case of replacement and refund, we are entitled to request the return of the defective products, if this is desired by us. Costs arising from this return shipment are for our account.
Article 5 – Exclusion of the right of withdrawal
The right of withdrawal is excluded for products:
That are manufactured according to the consumer’s specifications;
2. that are personal in nature;
3. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
4. that spoil or age quickly;
5. newspapers, magazines or magazines, with the exception of subscriptions to these.
Article 7 – Complaints and Disputes 1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. 2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects. 3. Complaints submitted to the entrepreneur will be answered within 14 days after receipt of the complaint. If a complaint cannot be dealt with within 14 days, the entrepreneur will report this in a timely manner and give an indication of how the consumer can expect a solution. 4. If the consumer and entrepreneur do not agree on the solution to the complaint, the consumer can submit the complaint to the disputes committee via the ODR platform .
Article 8 Intellectual property
Creative Use of Technology retains the intellectual property of his or her product and / or design and all forms thereof, such as models, (digital) drawings, sketches, photos , etc.
Article 9 The price
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 at the wrong price.
Article 10 Applicable law Dutch law applies to the agreements concluded by and with Creative Use of Technology. Dutch civil court with jurisdiction in Creative Use of Technology’s place of business will take 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.