Article 1 – Definitions
In these conditions the following terms are used:
General Conditions: the present General Conditions of the entrepreneur.
Grace period: The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who 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, whereby the delivery and / or purchase obligation is spread over time;
Durable medium: 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 waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: an agreement whereby in the context of a system organized by the entrepreneur for distance selling of products and / or services, to the conclusion of the agreement exclusive use of one or more means of distance communication;
Article 2 – Identity of the trader
Bohlmeister
The Netherlands
E-mail address: contact@houseofmeanangels.com
Chamber of Commerce number: 73766976
Article 3 – Applicability
These general conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
In case that in addition to these general conditions also specific product or service conditions apply, the second and third paragraph shall apply accordingly and the consumer in case of conflicting terms and conditions always rely on the applicable provision that is most favourable for him.
Article 4 – The offer
If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in 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 make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown will 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 accepting the offer. This concerns in particular:
- The price including taxes;
- The possible costs of shipping;
- The available sizes, colors, type of materials;
- The manner in which the agreement will be established and what actions are necessary for this;
- Whether or not the right of withdrawal is applicable;
- The method of payment, delivery and implementation of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The level of the rate of distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- Any other languages in which, besides Dutch, 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 event of an extended transaction.
Article 5 – The agreement
The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will be with the product or service to the consumer the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
The information on guarantees and existing after-sales service;
The data included in article 4, paragraph 2 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the opportunity to dissolve the contract without giving any reason for fourteen days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
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 judge whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the maximum cost of return shipment will be for his account.
If the consumer has paid an amount, the operator pays this amount as soon as possible but no later than 14 days after the withdrawal, refund.
Article 8 – Exclusion of the right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly in the offer, at least in time for the conclusion of the agreement, stated.
Exclusion of the right of withdrawal is only possible for products that have been created by the entrepreneur in accordance with the specifications of the consumer;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That spoil or age quickly;
- For individual newspapers and magazines;
- For audio and video recordings and computer software of which the consumer has broken the seal.
- For hygienic products of which the consumer has broken the seal.
Article 9 – The price
During the period of validity mentioned 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. Notwithstanding the previous paragraph, the entrepreneur may 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 link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: they are the result of statutory regulations or stipulations; or the consumer is authorized to terminate the contract on 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 misprints and typographical errors. For the consequences of misprints no liability is accepted. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 – Compliance and Warranty
The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed 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.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
Any defects or wrongly delivered products should be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and / or on the packaging;
The inadequacy is wholly or partially the result of government regulations which have been or will be imposed on the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care in receiving and carrying out orders of products and in 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 accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term 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 at least within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 – Duration Transactions: duration, termination and renewal
The consumer may contract for indefinite at any time denounce the applicable termination rules and a notice not exceeding one month.
A contract for a definite period has a maximum duration of two years. If it has been agreed that in case of silence of the consumer the agreement at a distance will be extended, the agreement will be continued as an agreement for an indefinite period of time and the notice period after continuation of the agreement will be maximum one month.
Article 13 – Payment
The prices are shown in Euros. The exchange rate of currencies are recalculated every night. Please note that when a payment is made in your local currency your credit/debit card provider may charge a fee.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days of the start of the cooling-off period. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.
Article 14 – Complaints
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 a reasonable time after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated 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 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
Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible way on a durable data carrier.
