▪ TERMS & CONDITIONS ▪
1 │ Definitions
In these Terms & Conditions the following definitions are applicable:
1. Consideration time: the term during which the consumer can execute the right of withdrawal.
2. Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
3. Day: calendar day
4. A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
5. Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
6. Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
7. Entrepreneur: the natural person or corporation who offers distance products to consumers.
8. Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
9. Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
2 │ Corporate Identity Entrepreneur
Miss S.P.L. Prick
Jurriaan Kokstraat 36
2586 SJ The Hague
Chamber of commerce number: 54553571
VAT identification number: NL154000747B01
3 │ Relevance
1. These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
3. If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
4 │ Offer
1. If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
2. The offer contains a complete and accurate description of the offered products and services.
3. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. Obvious mistakes and errors do not bind the entrepreneur.
4. Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
• price inclusive taxes
• possible costs of delivery
• the manner in which the agreement has been concluded and the necessary signatures
• the method of payment, delivery and performance of the contract
• the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
• the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
• the minimum duration of the distance agreement in the event of a length transaction.
5 │ The Agreement
1. The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
2. If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
4. The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
5. The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
• The address of the company for the consumer to file complaints
• The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
• Information about after sales guarantees and services
• Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
• The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
In case of a length transaction the previous clause is only applicable for the first delivery.
6 │ Right of Withdrawal
Deliverance of products:
1. After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 7 days. The cooling off period starts on the day after the consumer receives the product.
2. During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product.
3. If the consumer does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
4. The entrepreneur shall be contacted before any products are being returned by the consumer.
5. Returns are only accepted for undamaged and unused products.
7 │ Withdrawal Costs
1. The consumer is responsible for all postage costs.
2. If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
8 │ Exclusion Right of Withdrawal
1. The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for the following products:
• Which are established by the entrepreneur according to specifications of the consumer
• That they are clearly personal in nature
• Which cannot be returned because of their nature
• That can spoil or age quickly
• Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
• Individual newspapers and magazines
• For audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for the following services:
• Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period.
• Which delivery has begun with the express consent of the consumer before the consideration period has expired.
• Concerning betting and lotteries
9 │ Delivery
1. Packages will be send within 1 - 5 days after receipt of payment.
2. Packages will be send by standard delivery, other shipping methods are additionally charged.
3. Before the purchase agreement is made, the total amount, including shipping costs, will be given.
4. Domestic Shipping - The Netherlands │ Delivery time is estimated at 2 - 5 working days.
5. International Shipping │ Delivery time is estimated at 6 - 28 working days.
6. For specific delivery estimates please contact email@example.com before purchasing.
7. ATELIER PRÉE shall observe in utmost care the reception and execution of orders of products.
8. The address that has been made known by the consumer is considered to be the delivery place.
9. ATELIER PRÉE is not accountable for any duty, import or customs charges that may occur in the shipment of packages.
10. ATELIER PRÉE is not responsible for any lost or stolen items.
11. If you receive a damaged or incorrect product, please report this by email within two days
12. If a product is out of stock or sold, it is possible to contact for availability: firstname.lastname@example.org
10 │ Complaints
1. Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
3. The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answerwithin 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
11 │ Privacy
When the consumer places an order, his name, delivery address, telephone number and email address will be asked. This information will be provided to third parties. Other information (e.g. obtained via our e-mail address), will only be used to improve the contents of this website. 12 │ Proprietary Rights All intellectual and industrial property rights of every product shown in this website must be fully and unconditionally respected. Texts, logos and pictures on this website may not be copied, published or used without written permission of ATELIER PRÉE. They are the property of ATELIER PRÉE. ATELIER PRÉE has at all times the right to change the terms and / or contents of this website.
13 │ Additional and Different Provisions
Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.