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Terms and conditions

CONTENTS

 

Article 1  - Definitions                                              

Article 2  - The Entrepreneur’s identity                       

Article 3  - Applicability                                           

Article 4  - The offer                                     

Article 5  - The agreement                                      

Article 6  - Right of withdrawal                                  

Article 7  - Consumer’s obligations during the reflection period                   

Article 8  - Exercising the Consumer’s right of withdrawal and the costs       

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal  

Article 11 - The price                           

Article 12 - Compliance and extra guaranty                          

Article 13 - Delivery and execution                            

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                               

Article 16 - Complaints procedure                   

Article 17 - Disputes                                                                            

Article 18 - Additional or varying provisions       

Article 19 - Gift cards and discount codes

       

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1.         Additional agreement: an agreement in which the Consumer acquires         products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the         Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;

2.         Reflection period: the period during which the Consumer may use his         right of withdrawal;

3.     Consumer: the natural person who does not act for purposes related to        his/her commercial, trade, craft or professional activities;

4.         Day: calendar day;

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

6.         Continuing performance contract: a contract serving to deliver goods,      services and/or digital content in a given period;

7.         Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her   personally in such a manner that makes future consultation and use possible        during a period that matches the purpose for which the information is         destined and which makes unaltered reproduction of the stored information    possible.

8.         Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;

9.         Entrepreneur: the natural of legal person who is a member of Stichting        Webshop Keurmerk and who provides products, (access to) digital content   and or services to Consumers at a distance;

10.      Distance contract: a contract concluded by the Entrepreneur and the          Consumer within the scope of an organised system for distance selling          products, digital content and/or services, whereby exclusive or additional     use is made of one or more technologies of distance communication up to the   conclusion of the contract;

11.      Technology for distance communication: a means to be used for   concluding an agreement without the Consumer and the Entrepreneur being        together in the same place at the same time.    

 

Article 2 – The Entrepreneur’s identity

Shans

Raadhuisstraat 39 HS

1016 DC Amsterdam

The Netherlands   

Phonenumber: +316 814 903 10  
E-mailadress: info@shans.nl

Chamber of Commerce number: 60379235
VAT identification number: NL8538.84.353.B.01 

 

Article 3 – Applicability

1.     These General Terms and Conditions apply to any offer from the Entrepreneur          and to any distance contract concluded by the Entrepreneur and the         Consumer.

2.     Before concluding a distance contract, the Entrepreneur shall make the text of          these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in   what way the General Terms and conditions can be inspected and that they   will be sent free of charge if so requested, before the distant contract is concluded.  

3.     If the distance contract is concluded electronically, the text of these General   Terms and Conditions, in deviation from the previous section and before the       distance contract is concluded, may also be supplied to the Consumer     electronically in such a way that the Consumer can easily store it on a long-   term data carrier. If this is reasonably impossible, it will be specified where   the General Terms and Conditions can be viewed electronically and that they        will be sent to at the         Consumer´s request free of charge, either via      electronic means or otherwise, before concluding the distance contract;

4.     In the event that specific product or service condition apply in addition to       these General Terms and Conditions, the second and third paragraphs shall   apply accordingly, and in the event of contradictory terms and conditions, the    Consumer may always appeal to the applicable provision that is most      favourable to him/her.

 

Article 4 – The offer

1.     If an offer is of limited duration or if certain conditions apply, it shall be          explicitly stated in the offer.

2.     The offer contains a full and accurate description of the products, digital         content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content       adequately. If the Entrepreneur makes use of pictures, they are truthful     images of the products and/or services provided. Obvious errors or mistakes     in the offer do not bind the Entrepreneur.

3.     All offers contain such information that it is clear to the Consumer what rights          and obligations are attached to accepting the offer.

 

Article 5 – The contract

1.     Subject to the provisions in paragraph 4, the contract becomes valid when the          Consumer has accepted the offer and fulfilled the terms and conditions set.

2.     If the Consumer accepted the offer via electronic means, the Entrepreneur     shall promptly confirm receipt of having accepted the offer via electronic        means. As long as the receipt of said acceptance has not been confirmed, the   Consumer may repudiate the contract.

3.     If the contract is concluded electronically, the Entrepreneur will take    appropriate technical and organisational security measures for the electronic        data transfer and ensure a safe web environment. If the Consumer can pay     electronically, the Entrepreneur shall observe appropriate security measures.

4.     The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors   relevant to responsibly concluding the distance contract. If, acting on the   results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request    supported by reasons, or to attach special terms to the implementation.

5.     Before delivering the product, the Entrepreneur shall send the following         information along with the product, the service or the digital content in writing    or in such manner that the Consumer can store it in an accessible manner on          a long-term data carrier:   
        a. the visiting address of the Entrepreneur´s business establishment where    the Consumer may get into contact with any complaints;      
        b. the conditions on which and the manner in which the Consumer may          exercise the right of withdrawal, or, as the case may be, clear information    about his being exempted from the right of withdrawal;  
        c. the information corresponding to existing after-sales services and     guarantees;
        d. The price including all taxes of the product, service or digital content,         where applicable the delivery costs and the way of payment, delivery or        implementation of the distance contract;

        e. the requirements for cancelling the contract if the contract has a duration   of more than one year or for an indefinite period of time.

        f. the standard form for withdrawal if the Consumer has the right of     withdrawal.

6.     In case of a continuing performance contract, the stipulation in the previous   paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

1.         The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur        may    ask the Consumer about the reason for the withdrawal but cannot force    him to state his reason(s).

2.         The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance      and who is not the carrier, or

a.         if the Consumer ordered several products in the same order: the day on           which the Consumer or a third party appointed by him received the                  last product. The Entrepreneur may refuse an order of several products            with different delivery dates provided that he clearly informs the                       Consumer prior to the order process.

b.         in case the delivery of a product consists of several batches or parts:               the day on which the Consumer or a third party appointed by him            received the last batch or the last part.

c.         in case of an agreement about regular delivery of products during a                 given period: the day on which the Consumer or a third party appointed                by him received the first product.

 

Article 7 – Consumer’s obligations during the time of reflection

1.         During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent   necessary for establishing the nature, the characteristics and the effect of the         product. The guiding principle is that the Consumer may only handle and    inspect the product in the manner in which one is allowed to handle a product         in a shop.

2.         The Consumer is only liable for the decrease in value of the product that is     caused by the way of handling the product which went further than allowed in sub-section 1.

3.         The Consumer is not liable for the decrease in value of the product if the        Entrepreneur has not provided him with all legal information about the right of   withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1.         If the Consumer exercises his right of withdrawal he shall notify the     Entrepreneur unambiguously with the standard form for withdrawal within the        period of reflection.

2.         The Consumer shall return the product or deliver it to (the authorized   representative of) the Entrepreneur as soon as possible but within 14 days     counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product         himself. The Consumer observed the period of returning the product in any     event if the product is returned before the expiration of the period of          reflection.

3.         The Consumer shall return the product with all delivered accessories and if     reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.

4.         The risk and the burden of proof for the correct and timely exercise of the      right of withdrawal fall on the Consumer.

5.         The Consumer shall bear the direct costs of returning the product. If the        Entrepreneur has not reported that the Consumer has to bear these costs or if    the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.

6.         If the Consumer withdraws after having first explicitly requested that the       performance of a service or the supply of gas, water or electricity having not      been made ready for sale not be started in a limited volume or given quantity       during the period of reflection, the Consumer shall pay the Entrepreneur an       amount that is equal to the part of the obligation already        performed at the         time of withdrawal as compared with the full compliance of the obligation.

7.         The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited   volume or quantity, or for the supply of district heating if

d.         the Entrepreneur has not provided the Consumer with the statutorily               required information about the right of withdrawal, the compensation of                   costs in case of withdrawal or the standard form for withdrawal, or

e.         if the Consumer has not explicitly requested that the performance of               the service or the supply of gas, water and electricity or district heating                 be started during the period of reflection.

8.             The Consumer does not bear any cost for the full or partial delivery of              digital content not stored on a physical carrier if

a.         prior to the delivery, he has not explicitly consented to start                           performance of the agreement before the end of the period of reflection;

b.         he did not acknowledge to lose his right of withdrawal when giving                  consent; or

c.         the Entrepreneur failed to confirm the Consumer’s statement.

9.         If the Consumer exercises his right of withdrawal, all additional agreements    end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

1.         If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

2.         The Entrepreneur shall reimburse all payments made by the Consumer,         including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which         the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having        received the product or until the Consumer proved that he returned the         product, whichever occurs first.

3.         The Entrepreneur shall make use of the same means of payment that the       Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

4.         If the Consumer opted for a more expensive method of delivery instead of the          cheapest standard delivery, the Entrepreneur need not reimburse the    additional costs for the more expensive method.  

   

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1.         Products or services with a price that is subject to fluctuations in the    financial market on which the Entrepreneur has no influence and which may         occur within the period of withdrawal;

2.         Agreements that are concluded during a public auction. A public auction is      defined as a selling method whereby the Entrepreneur offers products, digital       content and/or services to the Consumer who is personally present or has the        possibility to be personally present at the auction under the direction of an         auctioneer and whereby the successful bidder is obliged to purchase the         products, the digital content and/or the services.

3.         Services agreements, after full performance of the service, but only if

        a.     the performance started with the Consumer’s explicit prior consent; and

        b.     the Consumer stated that he will lose his right of withdrawal as soon as           the Entrepreneur has fully performed the agreement.

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Geen verzendkosten
Fysieke winkel in Amsterdam
Snelle levering (1 - 2 werkdagen)
Unieke, handgemaakte producten