Article 1 - Definitions
In these conditions, the following terms have the following meaning:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: working day;
Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which 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 enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel 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 sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
General terms and conditions: the current general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Address: on request
E-mail address: Info@favmusthaves.com
Chamber of Commerce number: 75357038
VAT identification number: NL002409168B68
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and will be sent free of charge at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically, so that the consumer can easily find it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.
If 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 and conditions that are most favorable to him in the event of conflicting general terms and conditions. is.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will continue to apply and the relevant provision will immediately be replaced by a provision that, in consultation, as original as possible from the original. .
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these 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 explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to change and adapt 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 representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images with products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and implementation of the agreement;
the term for accepting the offer or the term within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement was concluded after conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
other languages in which the agreement can be concluded in addition to Dutch;
the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
the minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colors, material type.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a reasoned order or request or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location 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 withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection 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 wants to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If 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 means of a written message / e-mail. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not indicated that he wishes to make use of his right of withdrawal, respectively after the periods referred to in paragraphs 2 and 3 have expired. the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs for returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received back by the online store or that conclusive proof of full return can be submitted.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement. agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c. regarding betting and lotteries.
Article 9 - The price
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 due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market and on which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
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 legal regulations or stipulations; or
b. the consumer is authorized to dissolve the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
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 - Conformity and warranty
The entrepreneur guarantees that the products and / or services comply with 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.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice on the use or application of the products.
The warranty does not apply if:
The consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;
The delivered products are exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
The defect is wholly or partly the result of regulations made or to be made by the government with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it is stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of up to one month.
The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term with due observance of the agreed cancellation rules and a notice period of at least one month.
The consumer can the agreements mentioned in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines can be tacitly extended by a maximum of three months, if the consumer has extended this contract for a can terminate the extension. with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer can cancel the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide services, this term will expire. after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of default of the consumer, the entrepreneur has the right to charge the reasonable costs made known to the consumer, subject to legal restrictions.
Article 14 - Complaints procedure
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that falls under the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at his own discretion.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer are exclusively governed by Dutch law to which these general terms and conditions apply. Even if the consumer lives abroad.