General sales, supply and payment conditions
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 Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Extension
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 definitions apply:
- Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables 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.
- Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
- Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when he wishes to exercise his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the contract;
- Technique for remote communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space simultaneously.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
BRETON STRIPE B.V;
Bloemveldlaan 47
2015HC Haarlem
Telephone number: +31 (0) 637224206
Email address: info@bretonstripe.com
Chamber of Commerce number: 33246915
VAT identification number: NL 801911643.B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is 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 are available for inspection at the entrepreneur and they will be sent to the consumer free of charge at his request as soon as possible.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. 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 to the consumer free of charge by electronic means or in another way upon request.
- In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
- If one or more provisions in these general terms and conditions are wholly or partially void or voided at any time, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced by a provision that approximates the purport of the original as closely as possible by mutual agreement.
- Situations not provided for in these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
- Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
- If an offer has a limited 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 errors or mistakes 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 of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match 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.
Article 5 – The Agreement
- 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 corresponding conditions.
- 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 may dissolve the agreement.
- 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 observe appropriate security measures.
- The entrepreneur can inform himself within legal frameworks 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
- Together with the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. the visiting address of the entrepreneur’s business establishment where the consumer can go with complaints; b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this data before the execution of the agreement; e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.
- In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
- Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option of dissolving the agreement without giving any reason during a period of 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the 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 the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises his right of withdrawal, he shall bear the costs of returning the goods.
- 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
The entrepreneur can 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 time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer’s specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that quickly spoil or age;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 – The Price
- 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.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices 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. these are the result of statutory regulations or provisions; or b. the consumer has the authority 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.
Article 10 – Conformity and Guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
- A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Article 11 – Delivery and Execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is deemed to be the address that the consumer makes known to the entrepreneur.
- Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
Article 12 – Duration Transactions: Duration, Termination, and Extension Termination
- The consumer can 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 with due observance of the agreed termination rules and a notice period of up to one month.
- The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term, with due observance of the agreed termination rules and a notice period of up to one month.
Extension 3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed 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 newspapers, weeklies, and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month. The notice period is a maximum of three months in the event of an agreement extending to the regular but less than once a month delivery of daily newspapers, weeklies, and magazines.
- An agreement with a limited duration of the regular delivery of daily newspapers, weeklies, and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Article 13 – Payment
- Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as 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.
- The consumer has the obligation to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
- In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months after the consumer has discovered the defects, fully and clearly described.
- 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 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
- In case of complaints, the consumer must first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints that cannot be resolved amicably, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute resolution committee, which must be paid by the consumer to the respective committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur expressly states otherwise in writing.
- 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
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 – 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 on a durable medium in an accessible manner.