General Terms and Conditions

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 – Obligations of the consumer during the cooling-off period

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

Article 9 – Obligations of the trader in the event of withdrawal

Article 10 – The price

Article 11 – Delivery and execution

Article 12 – Payment

Article 13 – Complaints procedure

Article 14 – Disputes

 

Article 1 – Definitions

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

1. Ancillary contract : means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Contractfor an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
7. Durabledata carriermeans any tool – including e-mail – that enables the consumer or trader to store information addressed personally to him in a way that makes future consultation or use possible for a period of time appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person and offers products, (access to) digital content and/or services to consumers from a distance;
10. Agreementon distancemeans an agreement that is concluded between the trader and the consumer as part of an organised system for the distance selling of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
11. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

Article 2 – Identity of the entrepreneur

Getuppah!
Marconistraat 121B
3029AJ Rotterdam, Nederland
info@getuppah.com
Chamber of Commerce: 24307608
VAT: NL001382730B21

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, 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 by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer, either electronically or in some other way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

1. The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfills the conditions laid down.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 contract.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – inform the consumer about his payment obligations, as well as about all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. No later than upon delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
   1. the visiting address of the trader’s business establishment where the consumer can lodge complaints;
   2. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
   3. the information on guarantees and existing after-sales services;
   4. 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 performance of the distance contract;
   5. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite;
   6. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer can dissolve a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance and not being the carrier, has received the product, or:
   1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.
   2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
3. in case of contracts for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him has received the first product.

In the case of services and digital content which is not supplied on a tangible medium:

3. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for a period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the absence of information on the right of withdrawal

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will end 14 days after the day on which the consumer received this information.

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

1. During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer shall not be liable for any diminution in the value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

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

1. If the consumer makes use of his right of withdrawal, he shall notify the entrepreneur of this by e-mail within the cooling-off period.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The Consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.
4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
5. The consumer shall bear the direct costs of returning the product.
6. If the consumer makes use of his right of withdrawal, all supplementary contracts shall be cancelled by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay but within 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the repayment until he has received the product or until the consumer proves that he has sent the product back, whichever comes first.
3. The entrepreneur shall use the same means of payment that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 – The price

1. During the validity period mentioned 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. Contrary to 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, at variable prices. The offer shall be accompanied by a statement regarding this link to fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory 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:
   1. they are the result of statutory regulations or provisions; or
   2. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In this case, the consumer has the right to terminate the contract without charge and the right to possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. Het risico van beschadiging en/of vermissing van producten berust bij de ondernemer tot het moment van bezorging aan de consument of een vooraf aangewezen en aan de ondernemer bekendgemaakte vertegenwoordiger, tenzij uitdrukkelijk anders is overeengekomen.

Article 12 – Payment

1. Insofar not otherwise specified in the agreement or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start 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 a contract for the provision of a service, this period shall begin on the day following that on which the consumer receives confirmation of the contract.
2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. If advance payment is stipulated, the Consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to meet his payment obligations as yet, after failing to pay within this 14-day period, owe the legal interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The proprietor can deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 13 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
3. Complaints submitted to the Entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. Getuppah! Does not accept liability for any loss or damage that may occur through the use of Getuppah! products.

Article 14 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. The Vienna Trade Convention does not apply