Terms of service
Orders are carried out subject to price changes and as long as stocks last. However, if a product is no longer in stock, you will be notified.
Article 1 - Definitions
- 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;
- Sustainable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
- Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
- Agreement at a distance: An agreement whereby, 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, exclusive use is made of one or more techniques for distance communication;
- Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
Article 2 - Identity of the entrepreneur
Postland Int BV;
Rijksweg 2 - 4529 JC Eede ;
Telephone number: 0031117377111 - every working day from 9 a.m. - 5 p.m.
E-mail address: firstname.lastname@example.org
VAT identification number: NL808898498B01
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders made between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the text of these general terms and conditions will be made available to the consumer electronically prior to the conclusion of the distance contract, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favourable to him.
- If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by a provision which approaches the purport of the original as closely as possible. Situations which are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Incertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer is without obligation. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur makes use of images, these are a true representation of the offered products and/or services. Obvious mistakes or apparent errors in the offer are not binding for the entrepreneur.
- All images, specifications in the offer are indicative and can not be a reason for compensation or dissolution of the agreement. Presentations with products are a faithful representation of the offered products. The Entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.
- Every offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the
- the price including taxes;
- the possible costs of shipment;
- whether or not the right of withdrawal applies; the method of payment, delivery and performance of the contract;
Article 5 - The agreement
- The agreement comes about, subject to the stipulation in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stated in it.
- If the consumer can pay electronically, the entrepreneur will take appropriate safety measures to this end.
- The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds 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 shall send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
- the visiting address of the establishment of the entrepreneur to which the consumer can turn 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 concerning the exclusion of the right of withdrawal;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
- The other agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - The price
- During the period of validity stated in the offer, the prices of the products and/or services on offer shall not be increased, except for price changes due to changes in VAT rates.
- The prices stated in the offer of products or services are inclusive of VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 7 - Conformity
- The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability 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.
- Eventual defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
Article 8 - Payment
- If not agreed otherwise, the amounts due by the consumer must be paid within 7 working days.
- The consumer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand
Article 9 - Right of withdrawal
- With the purchase of products, the consumer has the possibility to dissolve the contract without giving reasons during a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and announced 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 delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When 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 sending an email to email@example.com. After the consumer has made it known that he wishes to make use of his right of withdrawal, the consumer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned on time, for example by means of proof of dispatch
- If the consumer has not made it known after the expiry of the periods mentioned in paragraph 2 and 3 that he wants to make use of his right of withdrawal resp.
Article 10 - Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer is only allowed to handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for reduction in value of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
- The consumer is not liable for reduction in value of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 11 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, at most the costs of returning the goods will be at his expense. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will take place via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
- In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product. The consumer cannot be held liable for any reduction in value of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this has to be done before concluding the purchase agreement.
Article 12 - Exclusion of the right of withdrawal
- Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products which, by their nature, have been irrevocably mixed with other products after delivery;
Article 13 - 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 within 7 days completely and clearly described, after the consumer has found 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 answer 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 solved in mutual consultation, a dispute will arise that is susceptible to the dispute resolution. In case of complaints a consumer should first turn to the entrepreneur. The complaint can span> via this link . If the web shop is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), it will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the possibility to have his complaint dealt with by the independent arbitration committee appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the committee in question. It is also possible to report 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, at her discretion, replace or repair the delivered products free of charge.
Article 14 - Disputes
- On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies.
- The Vienna Sales Convention does not apply even if the consumer resides abroad.
Article 15 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible way on a durable data carrier.