General Terms and Conditions Goedkope-Ansichtkaarten.nl

General Terms and Conditions Goedkope-Ansichtkaarten.nl

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 the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Long-term transactions: duration, termination, and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following terms have the following meanings:

1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase of which is spread over time;
5. Durable data carrier: any means enabling the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the trader, which the consumer can complete if he wishes to exercise his right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers from a distance;
9. Distance contract: a contract whereby, within the framework of a distance sales system organized by the entrepreneur for the sale of products and/or services, use is made exclusively of one or more means of distance communication until the contract is concluded;
10. Means of distance communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Name: TSS-Nijkerk, trading under Goedkope-Ansichtkaarten.nl

Address: Energieweg 14D, 3751 LT BUNSCHOTEN-SPAKENBURG

Telephone: 085 40 100 32 - preference e-mail

E-mail: [email protected] / [email protected]

Chamber of Commerce number: 53214285

VAT number NL001966682B10

Article 3 - Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge at the consumer's request.
• If the distance contract is concluded electronically, contrary to 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
• In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
• If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will remain in force for the remainder and the relevant provision will be replaced by mutual agreement without delay by a provision that approximates the meaning of the original provision as much as possible.
• Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
• Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

• If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
• The offer is without obligation. The entrepreneur is entitled 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 on the entrepreneur.
• All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
• Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
• Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement will be filed after conclusion and, if so, how it can be consulted by the consumer;
• the manner in which the consumer can check and, if desired, correct the information provided by him in the context of the agreement before concluding the agreement;

1. any other languages in which, in addition to Dutch, the agreement can be concluded;
2. the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
3. the minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. When the consumer clicks on ‘buy’, the consumer has accepted the general terms and conditions and the consumer has entered into a payment obligation.
3. If, after accepting the general terms and conditions and the payment obligation, the consumer is unable to make the electronic payment due to a technical malfunction or deliberately cancels the payment, the payment obligation remains in force.
4. If the consumer has accepted the offer electronically, the entrepreneur 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.
5. 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.
6. The entrepreneur may, within legal limits, inform himself whether the consumer is able to meet his payment obligations, as well as all 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 contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
7. The entrepreneur shall provide the consumer with 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 data carrier:

a. the visiting address of the entrepreneur's place of business where the consumer can submit complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply;

c. information about guarantees and existing after-sales service;

d. the information specified in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to 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 of indefinite duration.

1. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
2. Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the cooling-off 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 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.
3. If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receiving the product. The consumer must do so using the model form. After the consumer has notified the entrepreneur of his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
4. If the consumer returns the delivered products with all accessories without notifying the entrepreneur in advance (also: refuses at the door) or does not collect them from a PostNL or DHL service point, the entrepreneur will charge €7.50 for the return costs. Once the package has been received, the order will be (partially) canceled. If the delivery is lost after refusal or failure to collect the order at a PostNL or DHL service point, the purchase remains valid. No refund will be made.
5. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

For the delivery of services:

1. In the case of the provision of services, the consumer has the option to terminate the agreement without giving reasons within at least 14 days, starting on the day on which the agreement was concluded.
2. To exercise his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of returning the goods shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

Article 8 - Exclusion of right of withdrawal

• The entrepreneur may 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 good time before the conclusion of the 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;

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 resulting from changes in VAT rates.
• Contrary to the previous paragraph, the entrepreneur may 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 prices quoted are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory 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 statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement with effect from 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 typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect 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 warranty 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.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery.
• The products must be returned in their 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 regarding the use or application of the products.
• The warranty does not apply if:

1. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
2. The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;

• The defectiveness is wholly or partly the result of regulations imposed by the government with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

• The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
• The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 7 days, unless the consumer has agreed to a longer delivery period.

1. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified of this no later than 7 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs. The consumer is not entitled to compensation.
2. All delivery times are indicative. The consumer cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
3. When the order is shipped, the consumer will be notified by email. If the consumer has not received the order within 7 days of the shipping notification, the consumer must report this to the entrepreneur no later than 10 days after shipment. Notifications received more than 10 days after shipment will not be processed.

• In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
• If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense 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 made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination, and renewal

Termination

• The consumer may 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, subject to the agreed termination rules and a notice period of no more than one month.
• The consumer may 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 at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
• The consumer may terminate the agreements referred to in the previous paragraphs:

1. at any time and not be restricted to termination at a specific time or during a specific period;
2. at least in the same manner in which they were entered into by him;
3. always with the same notice period as the entrepreneur has stipulated for himself.

Extension

• An agreement that is entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
• Notwithstanding 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 extended for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
• An agreement entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement concerns 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 for trial or introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period.

Duration

• If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts due must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
4. In the event of non-payment, the consumer will receive two reminders by email and/or by post, approximately 14 and 21 days after the invoice date. With the second reminder, reminder costs of €3.50 will be charged and the consumer will be formally declared in default.
5. If no payment has been received by Goedkope-Ansichtkaarten.nl after two reminders, the consumer will receive a demand for payment of the invoice amount + €7 reminder costs. This demand for payment will be subject to a payment term of 3 days and the consumer will again be formally notified of default.
6. If the consumer still fails to pay after the demand for payment, the claim will be handed over for collection. All extrajudicial costs and statutory interest will be borne by the consumer.

Klarna payment methods

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method(s). Payment must be made to Klarna.

• Pay later
• Customers must be at least 18 years old to use this service. If the customer pays on time, they will avoid additional costs and ensure that they can use Klarna's services again in the future. By continuing, the customer accepts Klarna's Terms and Conditions and confirms that they have read the Privacy Policy and Cookie Policy.
• You can find more information in Klarna's terms of use. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection laws and as described in Klarna's privacy statement.

Article 13b - Payment after delivery

1. “Payment must be made to Billink B.V. (hereinafter: ”Billink") within the specified payment term. All rights arising from the claim have been transferred by us to Billink, which will collect the claim.

2. Your data will be checked and registered by or on behalf of Billink. This data may be used, among other things, for the collection of claims and the verification of orders in the implementation of the acceptance policy of affiliated organizations. Billink reserves the right to refuse the customer's request for payment on account.

3. The payment term used is a strict deadline. In the event of late payment, the customer will be in default without notice of default and Billink will be entitled to charge contractual interest of 0.75% per month (where part of a month is considered a whole month) from the due date of the invoice.

4. Billink is also entitled to charge the customer extrajudicial collection costs in accordance with the law.

5. In the case of business customers, Billink is also entitled to charge the customer reminder and collection costs, without prejudice to Billink's right to charge the customer the actual costs incurred if these exceed the amount calculated in this way.

These costs amount to at least 15% of the principal sum, with a minimum of 40 euros for consumers and 75 euros for businesses. Billink is also entitled to transfer the claim to a third party. In that case, the provisions set out above with regard to Billink shall also apply to the third party to whom the claim has been transferred.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, clearly described and in full.
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 notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, consumers should first contact the entrepreneur. If complaints cannot be resolved in mutual consultation, consumers should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution cannot be reached, the consumer has the option of having their complaint handled by Stichting GeschilOnline (www.geschilonline.com). The decision of this body is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.