CONDITIONS OF MEDIATION
The offer of movable property on the Website is not sold by the Website Owner, but by the Seller. A contract is therefore concluded between the Buyer and the Seller when movable property is purchased. The website owner is therefore not a party to this sales agreement. The general terms and conditions applicable between Seller and Buyer are included in this document for convenience. Please note: these general terms and conditions apply between the Buyer and the Seller and cannot therefore be invoked against the Website Owner.
If the Seller is located in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
- The Seller must provide the Buyer with information regarding taxes, payment, delivery and performance of the agreement clearly and in writing.
- Buyer receives order within 30 days, unless a different term has been agreed with Seller. If the movable item in question is not or no longer available, the Seller must inform the Buyer of this. Any (down) payments must be refunded within thirty days, unless the Seller delivers a comparable movable item.
- The Buyer has a right of withdrawal, which means that the Buyer can reverse the purchase for at least fourteen days without giving reasons. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
In these mediation conditions the following terms have the following meanings:
1. Website: platform made available accessible via www.festivalfinest.com, including all associated subdomains.
2. Website owner: the company Festival Finest, located at De Windturbine 7 in Amersfoort, and registered with the Chamber of Commerce under number 73989746.
3. Buyer: the person who makes a purchase on the above website.
4. Seller: company that, either as a producer or as a trader, sells movable property to the Buyer.
ARTICLE 2 - BUYER'S RIGHTS
If the Seller is located in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
1. The Seller must provide the Buyer with information regarding taxes, payment, delivery and performance of the agreement clearly and in writing.
2. The Buyer receives the order within 30 days, unless a different term has been agreed with the Seller. If the movable item in question is not or no longer available, the Seller must inform the Buyer of this. Any (down) payments must be refunded within thirty days, unless the Seller delivers a comparable movable item.
3. The Buyer has a right of withdrawal, which means that the Buyer can reverse the purchase for at least fourteen days without giving reasons. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within thirty days.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
1. The offer of movable property on the Website is not sold by the Website Owner, but by the Seller. A contract is therefore concluded between the Buyer and the Seller when movable property is purchased. The website owner is therefore not a party to this sales agreement.
2. Certain movable goods are purchased from third parties, whether or not established in the European Union, via the Website.
3. The service that the Website Owner provides is a mediation service that is provided to a third party. When ordering a movable item via the Website, the Website Owner is authorized to act as a mediator, on behalf of the Buyer and for the account of the Buyer, and to order the movable item from the actual Seller of the movable item concerned.
4. If the actual Seller is established outside the Netherlands and as a result the movable item in question has to be imported, this will be done under the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs, will be borne by the Buyer.
ARTICLE 4 - PAYMENT
1. Payment for the purchased product is processed through the Website Owner. The Website Owner is also responsible for (on) payment to the actual Seller.
2. It is possible that the prices stated on the Website differ from the amounts that the Website Holder (on) pays to the actual Seller. It is possible that the Seller is given the opportunity to purchase the product for a lower amount after it has been purchased by the Buyer. The difference between the amount paid by the Buyer and the amount paid to the actual Seller will in these cases be regarded as compensation for the third-party brokerage service provided by the Website Owner.
ARTICLE 5 - COMPLAINTS PROCEDURE
1. In the event that the Buyer is dissatisfied with the way in which the (brokerage) agreement has been implemented, this can be made known to the Website Owner via the contact details stated on the Website. Every report made by the Buyer will be handled by the Website Holder with the utmost care and as soon as possible. The Website Owner will provide a substantive response to the Buyer no more than fourteen days after receipt of the notification.
2. In case of dissatisfaction with the procedure referred to in paragraph 1 of this article, the buyer can contact the disputes committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
Terms and Conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
ARTICLE 1 - DEFINITIONS
In these conditions the following terms have the following meanings:
Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
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, business or craft and enters into an agreement with the entrepreneur
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Duration transaction: an agreement relating to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Durable medium: any means or auxiliary means that enable 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, including e-mail.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the withdrawal form that is made available to the consumer by the entrepreneur and can be completed by the consumer if he wishes to exercise his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and / or (access to) digital content and / or services to consumers from a distance;
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication with the consumer;
Technology for distance communication: means that can be used to conclude a distance contract, without the consumer and entrepreneur being together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur; Marinus Koelewijn
Business address; De Windturbine 7, 3815KP Amersfoort
E-mail address; firstname.lastname@example.org
Chamber of Commerce number; 73989746
VAT identification number; NL211550176B01
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur, how they can be viewed and that these general terms and conditions can be viewed as soon as possible at the request of the consumer. may be sent free of charge.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are made available by the consumer. can be easily stored 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 inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that applies to him / her. most beneficial.
5. In the event that one or more provisions in these general terms and conditions are at any time wholly or partially declared null and void or are nullified, these general terms and conditions will remain in force and the relevant nullified or void provision will be replaced immediately in mutual consultation. are approached as closely as possible by a provision that approximates the purport of the original.
6. Situations that are not regulated in these general terms and conditions must be assessed in accordance with these general terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained in accordance with these general terms and conditions.
ARTICLE 4 - THE OFFER
1. If an offer is valid for a limited period of time or is made subject to conditions with suspensive or dissolving effect, or any other condition, this will be explicitly stated in the offer.
2. The offer of the entrepreneur is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer of the entrepreneur contains a description of the products and / or services offered, which is complete and accurate at all times. The offer contains a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of any images that imply that these images show the product being offered, then these are a true representation of the products and / or services being offered. Obvious mistakes or errors in the offer cannot bind the entrepreneur.
4. Images accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
5. 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 it
• the price including taxes;
• the possible costs of shipping;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
• whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
• the minimum duration of the distance contract in the event of an extended transaction.
• apply the right of withdrawal;
• the method of payment, delivery and implementation of the agreement;
ARTICLE 5 - THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. In the event that 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.
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 take appropriate security measures.
4. The entrepreneur can inform himself within legal frameworks 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 an order or request or to attach special conditions to the implementation.
5. The entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product or service or the digital content:
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 make use of 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 price, including taxes, of the product, service or digital content;
e. the delivery costs, where applicable;
f. the method of payment, delivery or implementation of the distance contract;
g. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
h. in the event that the consumer has a right of withdrawal, the model withdrawal form.
6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days.
2. 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 announced to the entrepreneur.
In the event that:
the consumer has ordered several products in the same order, the reflection period starts on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, on condition that he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. the delivery of a product consists of several shipments or parts, the reflection period starts on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. the agreement extends to the regular delivery of products during a certain period, the reflection period starts on the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that are not supplied on a tangible medium:
3. In the event that a service agreement or an agreement for the supply of digital content has not been delivered on a tangible medium, the consumer can dissolve the agreement for fourteen days without giving reasons. These fourteen days commence on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that have not been delivered on a tangible medium when not informing about the right of withdrawal:
4. 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 reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
5. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
6. 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 wishes to keep the product. If he makes use of 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, in accordance with the reasonable and clear instructions provided by the entrepreneur.
7. 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 the model form. 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.
ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
1. When the consumer exercises the right of withdrawal, the costs of return will not exceed the cost of the return.
2. The entrepreneur will repay the purchase amount as soon as possible, but no later than 14 days after withdrawal, in the same way as used by the consumer. Receipt by the merchant or conclusive proof of complete return is required.
3. Any depreciation of the product caused by careless handling will be borne by the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This must be done before the purchase agreement is concluded.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
1. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement, and it concerns one of the products listed in paragraphs 2 and 3.
2. Exclusion is only possible for the following products:
a.that have been concluded by the entrepreneur under the specifications of the consumer;
b. that are clearly personal in nature;
c. that can spoil or age quickly;
d. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
e. for individual newspapers and magazines;
f. for audio and video recordings and computer software of which the consumer has broken the seal;
g. for hygienic products of which the consumer has broken the seal.
3. Exclusion is only possible for the following services:
a. concerning accommodation, transport, 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. concerning bets and lotteries
ARTICLE 9 - PRICE
1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result 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 over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices 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.these are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. 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 - WARRANTY AND CONFORMITY
1. 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 existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. 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 on the basis of the agreement. This 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 in case he has failed to fulfill his part of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
4. The warranty does not apply if:
a. The consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;
b. The delivered products have been 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;
c. The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or the quality of the materials used.
ARTICLE 11 - DELIVERY AND PERFORMANCE
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, 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. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being 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.
7. 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 and the entrepreneur announced representative, unless expressly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, CANCELLATION AND RENEWAL
1. 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, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement 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 specified term, with due observance of the agreed cancellation rules and a notice period. of no more than one month.
3. The consumer can the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific period;
b. at least cancel in the same way as they have been entered into by him;
c. always cancel with the same notice period as the entrepreneur has stipulated for himself.
4. 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 tacitly renewed or renewed for a specified period.
5. 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 may be tacitly renewed for a fixed period of a maximum of three months, if the consumer has extended this. can cancel the agreement towards the end of the extension with a notice period of no more than one month.
6. 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 may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. 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.
8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration. to oppose.
ARTICLE 13 - PAYMENT
1. 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 a service, this period after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 15 - DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
MODEL WITHDRAWAL FORM
Only complete and return this form if you wish to withdraw from the contract
- I / We (*) share / share (*) hereby inform you that I / we (*) revoke / revoke our agreement regarding the sale of the following goods / provision of the following service (*) (*):
- Ordered on (DD-MM-YYYY): - Order number:
— Received on (DD-MM-YYYY):
- Name / Names of consumer (s)
- Address of consumer (s):
- IBAN bank account:
- Signature of consumer (s) (only if this form is submitted on paper)
- Date (DD-MM-YYYY):
(*) Strike out what does not apply.