Terms of service
Artikel 1 – Definities
1. Entrepeneur: The natural or legal person offering products and/or services to consumers at a distance;
2. Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Remote Agreement: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Reflection period: the period within which the consumer can exercise his right of withdrawal;
6. Right of Withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Dag: Calender day;
8. Duration time: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Duurzame gegevensdrager: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that permits future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Your Wishes (Trade name van 27MYBRANDs B.V.)
5051 DV Goirle
KVK number: 58554661
VAT number: NL853086989B01
Artikel 3 - Applicability
1. These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded 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 inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur..
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
· the price including taxes;
· any costs of delivery;
· The manner in which the agreement will be established and what actions are necessary to do so;
· Whether or not the right of withdrawal applies;
· the method of payment, delivery or performance of the agreement;
· the period for acceptance of the offer, or the period for the price to be maintained;
· the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the basic rate;
· if the agreement is archived after its conclusion, in what way it can be accessed by the consumer;
· the manner in which the consumer can become aware of acts not wanted by him before the conclusion of the contract, as well as the manner in which he can rectify them before the conclusion of the contract;
· any languages in which, in addition to Dutch, the agreement may be concluded;
· the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; en
· the minimum duration of the distance contract in the case of a contract for continuous or periodic delivery of products or services.
Article 5 - The agreement
1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may - within legal frameworks - inform himself 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons..
5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the trader's office to which the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information on existing after-sales service and warranties;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6a - Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for seven working days. This period starts the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and its 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 delivered 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.
Article 6b - Right of withdrawal in delivery of services
1. When providing services, the consumer has the option of dissolving the contract without giving reasons for seven working days, beginning on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, at most the cost of return shipment 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 30 days after the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with consumer specifications;
b) that are clearly personal in nature;
c) which by their nature cannot be returned;
d) that may spoil or age quickly;
e) coming from the sale;
f) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
g) for single newspapers and magazines;
h) for audio and video recordings and computer software whose seals have been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
a) concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period of time;
b) The delivery of which began with the consumer's express consent before the expiration of the cooling-off period;
c) Regarding betting and lotteries.
Article 9 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, are mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a) they are the result of statutory regulations or provisions; or
b) the consumer has the authority to terminate the contract by the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and / or the remote agreement.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur..
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer may terminate a contract entered into for an indefinite period at any time, subject to termination rules agreed upon for that purpose and a notice period not exceeding one month.
2. An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that in the event of the consumer's silence, the distance contract will be renewed, the contract will continue as an open-ended contract and the notice period after continuation of the contract will not exceed one month.
Article 13 - Payment
1. To the extent not agreed later, the amounts owed by the consumer should be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4.In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs to the consumer in advance..
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, 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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer..
Article 15 - Additional or deviating provisions
Additional or deviating provisions 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 data carrier.