Article 1. Definitions
The following definitions apply in this document.
- Seller: the natural person or legal entity offering goods or services for sale to consumers by means of distance selling.
- Consumer: a natural person, not acting as or on behalf of a business, or in any other professional capacity, who enters into a Distance Contract with the Seller.
- Distance Contract: a contract for the supply of goods or services to a Consumer by means of a distance selling system operated by the Seller, which uses only distance communication technologies up to and including the moment at which the contract is made.
- Distance communication technology: any means that enables the making of a contract between the Seller and the Consumer without them being physically present in the same place at the same time.
- Cancellation Period: the period during which the Consumer is entitled to exercise their Right of Cancellation.
- Right of Cancellation: the Consumer's statutory right to cancel a Distance Contract unconditionally during the Cancellation Period.
- Day: a calendar day.
- Durable medium: any medium that enables either the Seller or the Consumer to retain information intended specifically for them for future reference and to reproduce it in its original form.
Article 2. Identity of the Seller
Name: Mercator Sapiens BV, trading as "UvAShop" and "UvAShop.nl".
Registered and business address:
1018 WB Amsterdam
Telephone number: +31 20 525 6159 (during office hours).
E-mail address: firstname.lastname@example.org.
Chamber of Commerce registration number: 33249565.
VAT registration number: NL800943223B10.
Article 3. Applicability
- These Terms and Conditions apply to all offers made by the Seller and to any Distance Contract entered into between the Seller and a Consumer.
Article 4. Offers
- If an offer is valid for a limited period only, this is stated clearly when making it.
- All offers contain a full and accurate description of the goods or services concerned. This is sufficiently detailed that the Consumer is able to make a proper assessment of the offer. If the Seller publishes pictures of items being offered, these provide a true representation of them. However, the Seller is not bound by any evident mistakes or errors contained in an offer.
- All offers include sufficient information to ensure that the Consumer is fully aware of their rights and obligations should they choose to order the item(s) concerned. Specifically, this information includes...
· The full price, including all taxes.
· Any delivery charges.
· How the Contract will be made and what actions are required to complete the procedure.
· Whether or not the Right of Cancellation applies.
· Details of payment methods, delivery arrangements and other practical matters related to fulfilment of the Contract.
· When the offer expires and/or how long the current price applies.
· The cost of communication with the Seller if this is higher than the standard tariff (eg. use of premium-rate telephone lines).
· If the Contract is to be archived after fulfilment, details of how the Consumer can access it.
· How the Consumer may be notified of actions they do not desire prior to the Contract being made, as well as how these can be rectified before it enters force.
· Whether or not the Contract may be drawn up in languages other than Dutch, and if so which.
· Any codes of conduct to which the Seller subscribes, and how the Consumer can consult these online.
Article 5. The Contract
- Subject to compliance with the terms of Article 4 above, the Contract enters force at the moment when the Consumer places an order and all associated conditions are satisfied.
- If the Consumer places an order by electronic means, the Seller sends them an electronic confirmation of receipt by return. Unless and until this confirmation is issued, the Consumer is entitled to revoke the Contract unconditionally.
- If the Contract is made electronically, the Seller provides a secure web environment and takes appropriate technical and organisational measures to safeguard data transferred by electronic means. If the Customer can pay electronically, the Seller also takes appropriate measures to secure the transaction data.
- Within the boundaries of the law, the Seller is entitled to conduct checks to ensure that the Consumer is able to meet their payment obligations and to confirm all other facts and information needed to establish that the Distance Contract is being made on a sound basis. If these checks lead the Seller to believe that there are good grounds not to enter into the Contract, it may refuse to accept an order or request, or impose special conditions for fulfilment of the Contract. In all such cases, it notifies the Consumer of its reasons for taking such action.
- When supplying goods to a Consumer, the Seller also provides the following information in writing, either on paper or in a form that can be stored and retrieved on a durable medium.
a. The street address of the Seller's own premises, at which the Consumer can present any complaint they may have in person.
b. How and under what conditions the Consumer is able to invoke their Right of Cancellation or, if applicable, a clear notification that that right cannot be invoked.
c. Full information about guarantees and after-sales service.
d. Unless it has already been supplied prior to fulfilment of the Contract, the information described in Article 4, paragraph 3 above.
Article 6. Right of Cancellation after delivery of goods
- When purchasing goods, the Consumer is entitled to cancel the Contract without giving reasons within seven working days. This period commences on the day after the product is received by or on behalf of the Consumer.
- During this seven-day period, the Consumer will treat the goods and their packaging with the utmost care. Items may only be unpacked and used to the extent needed for the Consumer to determine whether or not they wish to keep the goods. If the Consumer does decide to invoke their Right of Cancellation, the goods and all accoutrements supplied with them must be returned to the Seller in their original packaging and condition, as far as this is reasonably possible. This should be done as instructed by the Seller, as long as those instructions are reasonable and clear.
Article 7. Cancellation costs
- If the Consumer invokes their Right of Cancellation, the most they can be charged is the cost of shipping the goods back to the Seller.
- If the Consumer has already made a payment for goods being returned, the Seller refunds this as soon as possible and in any case within 30 days after the Contract is cancelled or the goods are returned.
Article 8. Exemptions from the Right of Cancellation
- Permitted exemptions from the Right of Cancellation may be invoked only if this is stated clearly in the offer made by the Seller, or at any rate is declared within a reasonable time prior to the Contract being made.
- Such exemptions are permitted only under the following circumstances.
a. The goods are prepared by the Seller to individual specifications provided by the Consumer.
b. The goods are clearly of a personal nature.
c. By their nature, the goods cannot be returned.
d. The goods are likely to deteriorate or perish rapidly.
e. The goods are priced according to fluctuations in the financial market which cannot be controlled by the Seller.
f. The goods are individual copies of newspapers or periodicals.
g. The goods are audio or video recordings or computer software which have been unsealed by the Consumer.
Article 9. Prices
- The price of goods offered for sale may not be increased during the declared offer period, unless the rise is due to a change in the current rate of VAT.
- As an exception to the above rule, goods may be offered for sale at variable prices when their underlying value is subject to fluctuations in the financial market which cannot be controlled by the Seller. Such situations, and the fact that any prices quoted are for guidance only, must be mentioned in the offer.
- All prices quoted include VAT.
Article 10. Conformity and guarantees
- The Seller undertakes that the goods supplied are as described in the Contract, conform to the specifications contained in the offer and meet reasonable standards as regards reliability and serviceability, and further that they comply with all relevant legislation, regulations and other statutory instruments in force on the date the Contract was made.
- No guarantee or warranty provided by the Seller, manufacturer or importer of the goods in any way affects the Consumer's statutory rights in the event that a product is defective or the Seller otherwise fails to meet its obligations in law or under the Contract.
Article 11. Delivery and fulfilment
- The Seller takes the greatest possible care in receiving, processing and fulfilling orders for goods and services.
- Goods are delivered to the address provided by the Consumer when placing the order.
- Taking into account the relevant terms of Article 4 above, the Seller makes every effort to fulfil accepted orders as quickly as possible, and in any case undertakes to complete delivery within 30 days of receipt unless otherwise agreed with the Consumer. If delivery is delayed or if the Seller is unable to fulfil an order in whole or in part, the Consumer is notified accordingly within one month of placing the order. In such cases, the Consumer is entitled to cancel the Contract without penalty and retains the right to claim compensation.
- If the Contract is cancelled as described above, the Seller refunds any payment already made by the Consumer as soon as possible and in any case within 30 days after cancellation.
- If it proves impossible to supply an item as ordered, the Seller makes every effort to offer a suitable alternative product. The Consumer is notified in a clear and understandable way that this is being done, at the latest at the moment of delivery. The Right of Cancellation applies without exception when an alternative product is supplied in this way, and if invoked the costs of returning the item are payable by the Seller.
- Unless explicitly agreed otherwise, all liability for loss or damage to goods ordered rests with the Seller until the moment of delivery to the Consumer.
Article 12. Payment
- Unless otherwise agreed, full payment for goods must be received within 14 days of their delivery to the Consumer. In the case of a service, full payment must be received within 14 days of the service contract being made.
- If an advance payment is demanded prior to the supply of goods or services, this may not exceed 50 per cent of the value of the order. When advance payment is required, the Consumer has no right to receive any of the goods or services ordered unless and until that payment has been made.
- The Consumer is required to notify the Seller without delay of any errors in the payment details supplied to them.
- In the event of late payment or default, the Seller is entitled to charge the Consumer reasonable additional costs as allowed by law, as long as the amount and nature of these charges are made known in advance.
Article 13. Complaints
- The Seller has established and publicised a complaints procedure, and will act in accordance with it if a complaint is received.
- Complaints concerning fulfilment of the Contract must be submitted to the Seller within a reasonable period of time after the Consumer has become aware of the circumstances giving rise to them, and must be described fully and clearly.
- The Seller responds to any complaint within 14 days of receipt. If the complaint itself cannot be dealt with by this deadline, then the response consists of an acknowledgement that it has been received and an indication as to when the Consumer can expect a full reply.
Article 14. Disputes
- A dispute is deemed to exist when either the Seller or the Consumer notifies the other party in writing that this is the case.
- These Terms and Conditions are governed by Dutch Law. Should they give rise to any dispute which cannot be settled amicably by the parties concerned, sole legal jurisdiction rests with the District Court (Rechtbank) in Amsterdam.