Date last updated, year

General terms and conditions of example shop, located in Fictief (version valid from 01-01-2022)

Article 1. General1.1 In these general terms and conditions of sale, 'Example Shop' means: demo shop Mijndomein1.2 These conditions form part of all offers from and agreements with Example Shop, unless expressly deviated from in writing.1.3 Subject to the provisions of Article 6.4, these conditions also apply if Example Shop needs to engage third parties for the performance of any agreements.1.4 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognised by Example Shop.1.5 In the event that the Conditions and an Agreement contain conflicting clauses, the Agreement shall prevail. 1.6 If any part of the Terms and Conditions is void or annulled, the remaining provisions of the Terms and Conditions will remain in full force and effect, and the parties will be bound to make every effort to mutually agree on a replacement provision that is valid and approximates the original intentions of the parties as closely as possible. Article 2. Offers and Formation of Agreements 2.1 All offers are non-binding, unless explicitly stated otherwise by Voorbeeldshop. 2.2 Agreements for the delivery of goods and/or services are only binding on Voorbeeldshop after written confirmation. Actual performance by Voorbeeldshop or an invoice sent by Voorbeeldshop constitutes written confirmation of the offer. 2.3 If the accuracy of the content of this written confirmation is not disputed in writing within 8 days, both Voorbeeldshop and the customer are bound by it. 2.4 Offers from Voorbeeldshop do not automatically apply to repeat orders. 2.5 Voorbeeldshop cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious error or typographical error. 2.6 Additions, changes, and/or further agreements are only valid if agreed in writing. Article 3. Prices / Price Increases 3.1 All prices are expressed in euros, unless otherwise stated, including sales tax (VAT). 3.2 Voorbeeldshop guarantees that price increases will not take place after the terms and conditions have been concluded, unless the price increase is the result of statutory regulations and/or provisions. 3.3 If the price increase is not the result of statutory regulations and/or provisions, the consumer has the right to terminate the distance contract with effect from the date on which the price increase takes effect. Article 4. Delivery 4.1 If items are available from stock If the products are delivered within the Netherlands, they will be shipped immediately after ordering. Example Shop may charge shipping costs for shipping ordered items. Delivery of ordered items will take place at the postal address known to Example Shop, not being of a temporary nature, and will be delivered to the natural person present at the delivery address. 4.2 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal based on the law. 4.3 If the customer refuses acceptance or fails to provide information or instructions necessary for delivery, the items will be stored at the customer’s expense and risk. 4.4 Example Shop’s delivery obligation will be fulfilled, subject to proof to the contrary, as soon as the items delivered by Example Shop have been offered to the customer once. In the event of home delivery, the carrier’s report containing the refusal of acceptance shall constitute full proof of the offer of delivery, subject to proof to the contrary. 4.5 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, shall be borne entirely by the purchaser, unless the purchaser validly invokes the right to cancel the purchase or replace the good. Article 5. Delivery time 5.1 A delivery time stated by Voorbeeldshop shall never be regarded as a strict deadline. The delivery time shall only commence after all necessary information is in the possession of Voorbeeldshop, after which Voorbeeldshop shall attempt to deliver within 30 days. 5.2 In the context of the rules of distance selling, Voorbeeldshop (contractor) shall execute orders with due haste, but at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be fulfilled or can only be partially fulfilled, the consumer (client) will receive notification within 1 month after placing the order and in that case he has the right to cancel the order without costs and without notice of default. Article 6. Termination 6.1 Without prejudice to the rights of Voorbeeldshop based on the law, Voorbeeldshop is entitled to suspend or terminate the agreement in whole or in part by means of a written statement to that effect to the buyer, with the right to compensation from the buyer if, after the conclusion of the agreement, Voorbeeldshop becomes aware of circumstances that give Voorbeeldshop good reason to fear that the buyer will not fulfil his obligations or if Voorbeeldshop has requested security for the fulfilment upon concluding the agreement and this security is not provided or is insufficient (despite notice) as well as in the event of bankruptcy of the buyer, a petition for bankruptcy by the buyer, suspension of payments, liquidation or a decision 6.2 If circumstances arise with regard to persons and/or materials used or customarily used by Voorbeeldshop in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so difficult and/or disproportionately expensive that compliance with it can no longer reasonably be required, Voorbeeldshop is entitled to terminate the agreement. 6.3 In the case of goods delivered based on an order with Voorbeeldshop, if it concerns a consumer purchase, the buyer has the right to terminate the agreement within a period of 7 working days without giving any reason in accordance with Article 7:5 of the Dutch Civil Code, unless expressly agreed otherwise. This period commences at the moment the ordered goods have been delivered. If the buyer has not returned the delivered goods to Voorbeeldshop after this period has expired, the purchase is a fact. Before returning the goods, the buyer is obligated to notify Voorbeeld shop within 7 business days of delivery. The buyer must prove that the delivered goods were returned on time (no later than 10 business days after delivery), for example, by means of proof of postal delivery. Returning the delivered goods is entirely at the buyer's expense and risk. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the buyer, the right of withdrawal as defined in this section shall lapse. Taking into account the provisions of the previous sentence, Voorbeeldshop will confirm the cancellation of the purchase immediately after receipt and inspection of the returned goods and will ensure that the full purchase price is refunded to the buyer free of charge within 30 days of receipt of the complete return shipment. 6.4 The right of cancellation, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as telephone subscriptions from the (mobile) network operators offered by Voorbeeldshop. The general terms and conditions of the network operators in question shall apply to the latter services, in which Voorbeeldshop acts only as an intermediary or agent. Article 7. Force Majeure 7.1 Force majeure shall be understood to mean, in addition to what is understood in law and case law, all circumstances over which Voorbeeldshop has no influence and which hinder or make the delivery of goods impossible, including but not limited to strikes at Voorbeeldshop and/or suppliers, disruptions in the Internet or WAP, disruptions in the electricity supply, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties. 7.2 An appeal to force majeure may also be made if the circumstance that prevents (further) fulfillment occurs after Voorbeeldshop should have fulfilled the obligation. 7.3 If the period during which fulfillment of the obligation by Voorbeeldshop is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without any obligation to pay damages in that case. 7.4 If Voorbeeldshop is unable to fulfil the obligation due to force majeure, the parties are entitled to terminate the agreement without any obligation to pay damages. If, upon the occurrence of force majeure, Voorbeeldshop has already partially fulfilled its obligations, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.Article 8. Warranty8.1 Voorbeeldshop does not offer a more extensive warranty on delivered goods than the warranty (conditions) of the manufacturer of these goods, without prejudice to the rights of the customer arising from mandatory statutory provisions.8.2 Voorbeeldshop is, however, never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.8.3 The customer is obliged to immediately inspect the delivered goods upon receipt. If the delivered item proves to be incorrect, defective, or incomplete, the buyer must immediately report these defects to Voorbeeldshop in writing (before returning them to Voorbeeldshop). Any defects or incorrectly delivered goods must and can be reported to Voorbeeldshop in writing no later than two months after delivery. Items must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits the right to complain and return. 8.4 If the customer's complaints are found to be justified by Voorbeeldshop, Voorbeeldshop will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, with the understanding that the liability of Voorbeeldshop and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the discretion of Voorbeeldshop) to the maximum amount covered by Voorbeeldshop's liability insurance in the relevant case. Any liability of Voorbeeldshop for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.8.5 Voorbeeldshop is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial personnel.8.6 This warranty does not apply if:A) and as long as the purchaser is in default towards Voorbeeldshop;B) the purchaser has repaired and/or processed the delivered goods itself and/or has had them repaired and/or processed by third parties.C) the delivered goods have been exposed to abnormal circumstances or have otherwise been treated carelessly or contrary to the instructions of Voorbeeldshop and/or the instructions for use on the packaging;D) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.Article 9. Payment9.1 Unless otherwise agreed, payment must be made by means of a PIN transaction at the place of delivery of the products. Payment in installments is not possible. 9.2 After 10 days after the invoice date has elapsed, the buyer is legally in default and from that moment onwards owes an interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies, whereby a part of a month is counted as a whole month. 9.3 In the event of bankruptcy or suspension of payment of the buyer or an application thereto, the claims of Voorbeeldshop and the obligations of the buyer towards Voorbeeldshop are immediately due and payable. 9.4 If Voorbeeldshop has to outsource its claim for collection, the buyer owes a fixed amount of 15% of the amount due in extrajudicial collection costs, with a minimum amount of 250 euros. 9.5 If Voorbeeldshop can demonstrate that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement. Article 10. Retention of title 10.1 The ownership of all goods sold and delivered by Voorbeeldshop to the buyer remains with Voorbeeldshop. as long as the buyer has not paid the claims of Voorbeeldshop under the agreement or previous or subsequent similar agreements, as long as the buyer has not yet paid for the work performed or yet to be performed under this or similar agreements and as long as the buyer has not yet paid the claims of Voorbeeldshop due to failure to fulfill such obligations, including claims regarding fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.10.2 The goods delivered by Voorbeeldshop that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.10.3 The buyer is not authorised to pledge or encumber in any other way the goods that fall under the retention of title.10.4 The buyer hereby unconditionally and irrevocably consents to Voorbeeldshop or a third party to be appointed by Voorbeeldshop, in all cases in which Voorbeeldshop wishes to exercise its ownership rights, to enter all places where its properties will then be located and to take possession of those goods. 10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform Voorbeeldshop as soon as can reasonably be expected. 10.6 The purchaser undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Voorbeeldshop upon first request.Article 11. Privacy11.1 Voorbeeldshop respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless stated otherwise. This information will not be sold, shared or rented by Voorbeeldshop to third parties in any way other than as stated in this privacy statement.11.2 Information from which the identity of an online visitor to the Voorbeeldshop website can be derived is provided voluntarily by the visitor. This information may be used within Voorbeeldshop (and all its subsidiaries and brands) to make visits to our websites as easy and enjoyable as possible. In addition, this information may be used for analysis and to provide information about Voorbeeldshop's product portfolio. The customer explicitly consents to this. Voorbeeldshop is entitled to disclose information about a visitor in special cases when there is reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be intentionally or unintentionally harming or damaging the rights or property of Voorbeeldshop, other users of its website, or others who may be harmed by it. Voorbeeldshop is entitled to release user information when we believe in good faith that the law requires it. 11.3 Voorbeeldshop collects non-personal information about our online visitors to determine the total number of visitors to the website, as well as the type of internet browser and operating system used. Personal data can be deleted at the request of the online visitor, insofar as this does not require disproportionate effort or costs for Voorbeeldshop.Article 12. Intellectual property rights12.1 Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights with regard to the goods or services supplied by Voorbeeldshop, such as trademark rights, model rights, patent rights, sui generis database rights, etc., belong exclusively to Voorbeeldshop and/or its suppliers.12.2 The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's data of a confidential nature of which they become aware during the performance of the agreement.Article 13. Applicable law13.1 All offers and agreements of Voorbeeldshop are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded. Article 14. Disputes 14.1 For questions and/or complaints, the buyer can call Voorbeeldshop's Customer Care helpdesk at 0900 424 0900 (€0.10 per minute), available Monday through Friday from 8:30 AM to 5:30 PM. Complaints are usually handled within 30 days. If this is not possible for any reason, the buyer will be informed of the duration of the delay. 14.2 The buyer has the option to submit the dispute to an independent dispute committee. This may be the Thuiswinkel Disputes Committee or another equivalent dispute committee, which does not affect the buyer's right to submit the dispute to a competent court. THESE GENERAL TERMS AND CONDITIONS ARE FOR illustrative purposes only. NO RIGHTS CAN BE INCURRED AGAINST THE DEMO STORE ON THIS BASIS.