GENERAL TERMS AND CONDITIONS – NAHKA LIFESTYLE BV
Table of contents:
- Article 1 – Definitions
- Article 2 – The Identity of the entrepreneur
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Law of revocation
- Article 7 – Obligations of the consumer during the period of reflection
- Article 8 – Exercise of the right of consumer revocation and its costs
- Article 9 – Obligations of the entrepreneur in case of revocation
- Article 10 – The price
- Article 11 – Compliance and guarantee
- Article 12 – Delivery and execution
- Article 13 – Payment
- Article 14 – Complaint procedure
- Article 15 – Disputes
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
- 1. Additional agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these goods are delivered by the entrepreneur or by a third party based on agreement between that third party and the entrepreneur.
- 2. Period of reflection: the period within which the consumer can make use of his right of withdrawal.
- 3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession.
- 4. Day: calendar day.
- 5. Right of withdrawal: the possibility of the consumer to renounce the distance contract within the period of reflection.
- 6. Entrepreneur: the natural or legal person who offers the products to consumers at a distance.
- 7. Model revocation form: the European model revocation form set out in Annex I to these terms and conditions. Annex I do not have to be made available if the consumer does not have a right of revocation with regard to his order.
- 8. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR Stoks Ikigai BV
- Sprangseweg 21, Waalwijk, The Netherlands
- +31 (0)416 338886
- [email protected]
- CoC-number: 80233112
- VAT-number: NL861598076B01
ARTICLE 3 – APPLICABILITY
- 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. 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 entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer as soon as possible.
- 3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
- 4. In the event of specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
ARTICLE 4 – THE OFFER
- 1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- 2. The offer contains a complete and accurate description of the products offered. The description shall be sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- 3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
ARTICLE 5 – THE AGREEMENT
- 1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
- 2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. If the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- 3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- 4. The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
- 5. The entrepreneur will send the following information at the latest upon delivery of the product to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints.
- b. the conditions under which and the way in which the consumer can exercise the right of revocation, or a clear notification regarding the exclusion of the right of revocation.
- c. the information about warranties and existing after-sales service.d. the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract.
- d. the requirements for termination of the agreement if the contract has a duration of more than one year or is of indefinite duration.
- e. if the consumer has a right of withdrawal, the model withdrawal form.
- f. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
ARTIKEL 6 –RIGHT OF REVOCATION
- 1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
- 2. The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
- b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part.
- c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
- 3. In the case of services and digital content which is not supplied on a tangible medium:
- 4. The consumer may terminate a service contract and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
- 5. The cooling-off period referred to in paragraph 3 shall start on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium in the event of non-information about the right of withdrawal:
- 6. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- 7. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE PERIOD OF REFLECTION
- 1. During the cooling-off period, the consumer will handle the product and the 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 may only handle and inspect the product as he would be allowed to do in a store.
- 2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- 3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
ARTICLE 8 – EXERCISE OF THE RIGHT OF CONSUMER REVOCATION AND ITS COSTS
- 1. If the consumer makes use of his right of withdrawal, he reports this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner.
- 2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- 3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- 4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- 5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he or she will bear the costs himself, the consumer does not have to bear the costs for return.
- 6. The consumer shall not bear any costs for the supply, in whole or in part, of digital content not supplied on a tangible medium if:
- a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period.
- b. he has not acknowledged losing his right of withdrawal when giving his consent; or
- c. the entrepreneur has failed to confirm this statement of the consumer.
- 7. If the consumer exercises his right of revocation, all additional agreements are dissolved by operation of law.
ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF REVOCATION
- 1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send an acknowledgement of receipt after receipt of this notification.
- 2. The entrepreneur reimburses all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- 3. The entrepreneur uses the same means of payment for reimbursement that the consumer has used unless the consumer agrees to another method. The refund is free of charge for the consumer.
- 4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
ARTICLE 10 – THE PRICE
- 1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes because of changes in VAT rates.
- 2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This commitment to fluctuations and the fact that any prices stated are target prices are stated in the offer.
- 3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- 4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- a. they are the result of statutory regulations or provisions; or
- b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
- 5. The prices stated in the offer of products or services include VAT.
ARTICLE 11 – AGREEMENT COMPLIANCE AND GUARANTEE
- 1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness 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.
- 2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to comply with his part of the agreement.
- 3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to comply with his part of the agreement.
ARTICLE 12 – DELIVERY AND EXECUTION
- 1. The entrepreneur will take the greatest possible care when receiving and executing orders for the products.
- 2. The place of delivery is the address that the consumer has made known to the entrepreneur.
- 3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- 4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- 5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 13 – PAYMENT
- 1. Insofar as no other provision is made in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has the 2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service (s) before the stipulated advance payment has taken place.
- 2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- 3. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the absence of payment within this 14-day period, he will owe the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. to bring. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2.500, and 10% on the following € 2.500, and 5% on the next € 5.000 with a minimum of € 40. The entrepreneur can deviate from the amounts and percentages for the benefit of the consumer.
ARTICLE 14 – COMPLAINTS PROCEDURE
- 1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
- 2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
- 3. 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 respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- 4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement.
ARTICLE 15 – APPLICABLE LAW
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate, are exclusively governed by Dutch law.