Legal Terms

Als je de Leveringsvoorwaarden in het Nederlands wil lezen.

General Conditions Warbirdtees

Index:

Article 1 – Definitions

Article 2 – Identity of the seller

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the buyer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the buyer and costs thereof

Article 9 – Obligations of the seller in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance with agreement and extra guarantee

Article 13 – Delivery and implementation

Article 14 – Payment

Article 15 – Club items

Article 16 – Complaints and disputes procedure

Article 17 – Additional or different provisions

Article 18 – Privacy and legislation

Article 1 – Definitions

The following definitions apply in these terms and conditions:

1. Additional agreement: an agreement whereby the buyer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the seller or by a third party on the basis of a agreement between that third party and the seller;

2. Cooling-off period: the period within which the buyer can make use of his right of withdrawal;

3. Buyer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

4. Day: calendar day;

5. Digital content: data that is produced and delivered in digital form;

6. Sustainable data carrier: any tool – including e-mail – that enables the buyer or seller to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;

7. Right of withdrawal: the ability of the buyer to cancel the distance agreement within the cooling-off period;

8. Seller: the natural or legal person who offers copper products, (access to) digital content and / or services at a distance;

9. Distance agreement: an agreement concluded between the seller and the buyer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;

10. Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions;

11. Technology for distance communication: means that can be used for concluding an agreement, without the buyer and seller having to meet in the same room at the same time;

12. Seller = entrepreneur = supplier = the producer = the webshop and the seller. Also referred to as the seller;

13. Consumer, further referred to as “buyer”. There is a distinction between private buyer and business buyer. The difference is that a business buyer must register with VAT number and Chamber of Commerce number. The invoice will therefore clearly include exclusive and inclusive VAT prices

14. Foundations and clubs: foundations and other organizations that have an appointment and clothing item(s) and sells via the webshop o warbirdtees

Article 2 – Identity of the seller

Name of seller: A4R2 c.v

Acting under the name / names: warbirdtees.com

 

Location address:

Karperveen 314

3205 HH Spijkenisse

THE NETHERLANDS

 

Telephone number: 06-14402733

 

Accessibility:

7 days a week from 9 a.m. to 10 p.m.

 

Email address: info@warbirdtees.com

 

Chamber of Commerce number: 24471790 Rotterdam, The Netherlands

VAT number: NL821264102B01

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the seller and to every distance agreement concluded between seller and buyer.

2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the buyer as part of the buying process. This text can also be viewed and downloaded via the link on the web page. If this is not reasonably possible, the seller will indicate before the distance agreement is concluded how the general terms and conditions can be viewed at the seller and that they will be sent free of charge as soon as possible at the request of the buyer.

3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second paragraph applies mutatis mutandis and in the event of conflicting conditions the buyer can always invoke the applicable provision that is most favorable to him .

Article 4 – The offer

1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

2. digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. If the seller uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the seller.

3. Each offer contains such information that it is clear to the buyer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time the buyer accepts the offer and meets the corresponding conditions.

2. If the buyer has accepted the offer electronically, the seller 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 seller, the buyer can terminate the agreement.

3. If the agreement is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the buyer can and wants to pay electronically, the seller will take appropriate security measures.

4. The seller can – within the law – inform himself if the buyer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If, based on this investigation, the seller 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. At the latest upon delivery of the product, service or digital content, the seller will send the following information to the buyer in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable medium:

o the visiting address of the seller’s location where the buyer can go with complaints;

the conditions under which and the manner in which the buyer can exercise the right of withdrawal,

or a clear statement regarding the exclusion of the right of withdrawal;

the information about guarantees and existing service after purchase;

the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement.

6. If the buyer has a right of withdrawal, the model form for withdrawal.

Article 6 – Right of withdrawal

1 With products:

1. The buyer can dissolve an agreement with regard to the purchase of a product during a 30-day cooling-off period of non-personalized (printed, printed, sublimated or otherwise permanently modified) articles without giving reasons. The seller may ask the buyer about the reason for the cancellation, but they are not obliged to state his reason (s).

2. The cooling-off period referred to in paragraph 1 starts on the day after the buyer, or a third party designated by the buyer in advance, who is not the carrier, has received the product, or:

o if the buyer has ordered several products in the same order: the day on which the buyer, or a third party designated by him, has received the last product. The seller may, provided that he has clearly informed the buyer prior to the ordering process, refuse an order for several products with different delivery times;

o if the delivery of a product consists of several shipments or parts: the day on which the buyer, or a third party designated by him, has received the last shipment or part.

3. All non-printed items are subject to the right of withdrawal. all printed clothing and articles are made to order and no right of withdrawal applies.

o If the buyer wants a cooling-off period, he will have to request a longer cooling-off period within 48 hours of the start of the agreement, provided with an explanation and the extra period can only be granted if the “seller” agrees. The costs incurred such as hours, i.v.m. order already processed material must be taken. The right of withdrawal applies to already ordered semi-finished products (clothing or other items that are not yet printed) that is standard in the delivery program.

4. If the seller has not provided the buyer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article..

5. If the seller has provided the buyer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the buyer received that information.

Article 7 – Obligations of the buyer during the cooling-off period

1. During the cooling-off period, the buyer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The starting point here is that the buyer may only handle and inspect the product as he would be allowed to do in a store.

2. The buyer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

3. The buyer is not liable for value reduction of the product if the seller has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

4. If the seller finds that there is a clear impairment as stated in paragraph 2. The seller will not accept the returned product as a return. Therefore also no reimbursement for return and / or the purchase amount. The buyer will receive the product back.

Article 8 – Exercise of the right of withdrawal by the buyer and costs thereof

1. If the buyer exercises his right of withdrawal, he must report this to the seller within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the buyer returns the product or hands it to (an agent of) the seller. This is not necessary if the seller has offered to collect the product himself. The buyer has in any case observed the return period if he demonstrably and returns the product in the specified manner before the reflection time has expired.

3. The buyer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the seller.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the buyer.

5. The buyer must first bear the costs of return, he will receive this, together with the costs of returned product (s) as soon as the items have been received and approved.

6. The period of repayment by the seller is a maximum of 30 days after approval of the goods received

7. If the buyer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the seller in case of withdrawal

1. If the seller makes the notification of withdrawal by the buyer possible electronically, he will immediately send an (electronic) acknowledgment of receipt upon receipt of this notification.

2. The seller reimburses all payments made by the buyer, including any delivery costs charged by the seller for the returned product, without delay but within 30 days following the day on which the buyer notifies him of the cancellation. Unless the seller offers to collect the product himself, he may wait to refund until he has received the product or until the buyer demonstrates that he has sent back the product, whichever is the earlier. Returns are permitted via PostNL with Track & Trace.

3. The seller uses the cheapest way of repayment for repayment, provided that this does not take an unnecessarily long time. unless the buyer and seller agree on a different method. The reimbursement is free of charge for the buyer.

4. If the buyer has opted for a more expensive method of delivery than the cheapest standard delivery (as described in the return document), the seller does not have to pay back the additional costs for the more expensive method.

5. The items must be unused and in perfect condition. The original tags / cards must still be present at the place where they were when the goods were delivered.

6. If the buyer comes to return the returned items, the seller will not owe any fuel or other costs, unless otherwise agreed in writing

7. If the items are no longer in perfect condition, the seller may reduce the value of the product to the actual residual value.

Article 10 – Exclusion of the right of withdrawal

1, The seller can exclude the following products and services from the right of withdrawal, but only if the seller has clearly stated this in the offer, at least in time for the conclusion of the agreement:

2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and / or services are offered by the seller to the buyer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and where successful bidder is obliged to purchase the products, digital content and / or services.

Service contracts, after full performance of the service, but only if:

o the performance has begun with the express prior consent of the buyer; and

o the buyer has stated that he loses his right of withdrawal once the seller has fully executed the agreement.

3. Products manufactured to customer specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the customer or that are clearly intended for a specific person.

4. Products that have been assembled, such as a garment or other article with printing.

5. Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery.

Article 11 – The price

1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, subject to price changes as a result of changes in VAT rates.

2. Contrary to the previous paragraph, the seller can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the seller has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

3. Price increases are not possible after the purchase has been made.

All goods that are printed must be ordered from an external party, should an item not be delivered within a reasonable period of time, the seller will report this. The seller can then offer an alternative, possibly with an additional payment by the buyer, or the buyer can dissolve the order without further costs for the buyer.

4. Price reductions start on the day indicated by the seller. With current orders that have already been paid, settlement is not possible. For current orders where the semi-finished products (read: the items to be printed or embroidered) have already been purchased, settlement is not possible.

  1. The prices stated in the range of products or services are for private buyers including VAT. For business buyers, these are also exclusive of VAT. Total amount always includes VAT and additional VAT is not charged afterwards.

Article 12 – Compliance with agreement and extra guarantee

1. The seller 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 provisions and / or government regulations. If agreed, the seller also guarantees that the product is suitable for other than normal use.

2. An additional guarantee provided by the seller, his supplier, manufacturer or importer never limits the legal rights and claims that the buyer can assert against the seller under the agreement if the seller has failed to fulfill his part of the contract. agreement.

  1. An additional guarantee means any obligation of the seller, his supplier, importer or producer in which he grants the buyer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

Article 13 – Delivery and implementation

1. The seller will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address that the buyer has made known to the seller.

3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the seller will execute accepted orders with due speed, though at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the buyer will be notified of this no later than 30 days after he has placed the order. In that case the buyer has the right to terminate the agreement without costs.

4. After termination in accordance with the previous paragraph, the seller will immediately refund the amount that the buyer has paid within 30 days.

5. The risk of damage and / or loss of products rests with the seller until the moment of delivery to the buyer or a representative designated in advance and made known to the seller, unless explicitly agreed otherwise.

 

Article 14 – Payment

1. The buyer pays in the webshop in advance (with iDEAL (or system from other banks), credit card, bitcoins or PayPal).

2. If the buyer does not want or cannot make use of one of the payment options listed in paragraph 1, it is possible to use a bank transfer. The order is only taken into production once the seller has received the money in the account.

3. The seller has the right to charge extra costs if payment is not made with iDEAL.

4. The prices in the web shop are based on this payment method, unless the buyer and seller reach an agreement for a different payment term than the generally applicable in the web shop.

5. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the buyer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the buyer has received the confirmation of the agreement.

6. The buyer has the duty to immediately report any inaccuracies in payment data provided or specified to the seller.

7. If the buyer does not meet his payment obligation (s) in time, this is, after he has been informed by the seller of the late payment and the seller has granted the buyer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory interest is due on the amount still due and the seller is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The seller may, for the benefit of the buyer, deviate from the stated amounts and percentages.

Article 15 – Foundations, Club and group articles, hereinafter referred to as “clubs”

1. Items that are sold for “Clubs” (see provision in Article 1) in this web shop have been selected by the relevant club or group. These are therefore not pre-printed (unless stated otherwise). Payment is made to the seller. Delivery is made by the seller. Design and clothing and color choice is in consultation with the club where the club takes the decision .. Any complaints or warranty claims go through the seller. The delivery conditions of the webshop apply and not any agreements with clubs unless specifically agreed for this order.

2. The rights of the clothing lie with the clubs. The seller only acts in the name and on behalf of the relevant group or club. The clubs have covered any rights such as trademark and copyright themselves and the seller is not liable for this. When a club or group membership is concluded, via this webshop, the webshop and the seller are only a channel in the sense of receiving the membership fee and passing this on to the beneficiary. Any further correspondence regarding this membership will go through the relevant club. Cancellation of membership is only possible through the club.

  1. Any club discounts exclusively for members are assessed at the relevant club. Information provided by the club (s) is treated according to the European privacy guidelines and therefore not shared with anyone other than for whom it is strictly necessary to execute the order. In the event of any feedback to the relevant club (s), only the information that is necessary will be provided. Further information will not be provided.

Article 16 – Complaints and disputes procedure

Complaint;

1. The buyer can start a complaints procedure and the seller handles the complaint in accordance with the generally applicable complaints procedure.

2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the seller within a reasonable time after the buyer has discovered the defects, with a maximum of 30 days after receipt of the product (s).

3. Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within the period of 14 days with a message of receipt and an indication when the buyer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.

Dispute;

1. In the event of a dispute, the seller will engage an independent 3rd party who will review the complaint and make a judgment. As long as this 3rd party has not made a decision, the buyer will not be allowed to go any other way. The 3rd party will make a decision within 14 days.

Article 17 – Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the buyer.

Article 18 – Privacy and legislation

The seller will do everything in his power to ensure the privacy of the buyer. No data provided by the buyer will be used for purposes other than those strictly necessary for the performance of the duties. No data will be provided to third parties. It is, however, possible to use anonymous data for internal or marketing purposes for the company. Information relating to newsletters is only used for personal purposes and not shared with third parties. In all cases, European privacy legislation is applied unless Dutch privacy legislation requires additional measures.

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