GENERAL TERMS AND CONDITIONS - NAHKA Lifestyle BV
Table of Contents:
- Article 1 - Definitions.
- Article 2 - The Identity of 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 reflection period
- Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- Article 9 - Obligations of the entrepreneur in the event of withdrawal
- Article 10 - The price
- Article 11 - Performance and additional warranty
- Article 12 - Delivery and execution
- Article 13 - Payment
- Article 14 - Complaints procedure
- Article 15 - Disputes
Article 1 - Definitions.
In these terms and conditions, the following definitions shall apply:
- 1. Ancillary agreement: an agreement in which the consumer acquires products in connection with a distance contract and these items are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
- 2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
- 3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- 4. Day: calendar day;
- 5. Right of withdrawal: the consumer's option to waive the distance contract within the withdrawal period;
- 6. Entrepreneur: the natural or legal person offering the products to consumers at a distance;
- 7. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
- 8. Technology for distance communication: means that can be used to conclude 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 Stoks Ikigai BV
- Sprangseweg 21, Waalwijk
+31 (0)416 338886
info@tfnbv.com
Chamber of Commerce number: 80233112
BTW-identificatienummer: NL861598076B01
Article 3 - Applicability.
- 1. These general terms and conditions apply to every offer made by the entrepreneur and to every 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, the entrepreneur will indicate how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at his 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 terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 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 shall be expressly stated in the offer.
- 2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious 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.
Article 5 - The Agreement
- 1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the 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 by the entrepreneur, the consumer can dissolve the agreement.
- 3. If the agreement is created 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.
- 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 giving reasons.
- 5. The entrepreneur will, no later than at the delivery of the product to the consumer, send 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 establishment of the entrepreneur where the consumer can go with complaints;
- b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- c. the information on guarantees and existing after-sales service;
- d. the price including all taxes of the product; to the extent applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
- e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- f. if the consumer has a right of withdrawal, the model withdrawal form.
- 6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- 1. The consumer may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
- 2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
- b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
- c. in the case of agreements 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.
- 3. For services and digital content not delivered on a tangible medium:
- 4. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for 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 give his reason(s).
- 5. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract. Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:
- 6. 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 expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- 7. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within 12 months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
- 1. During the reflection 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 establish 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 store.
- 2. The consumer is only liable for depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.
- 3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- 1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal 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 consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
- 3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- 4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- 5. The consumer bears the direct costs of returning the product. If the trader has not notified the consumer that the consumer must bear these costs or if the trader indicates that the consumer will bear the costs himself, the consumer does not have to bear the costs of return shipment.
- 6. The consumer bears no cost for the full or partial delivery of digital content not supplied on a tangible medium if:
- a. he has not expressly consented, prior to its delivery, to the beginning of the performance of the contract before the end of the withdrawal period;
- b. he has not acknowledged losing his right of withdrawal when giving his consent; or
- c. the trader has failed to confirm this statement by the consumer.
- 7. If the consumer makes use of his right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
- 1. If the trader enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
- 2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- 3. For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- 4. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 - 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 will be mentioned in the offer.
- 3. Price increases within 3 months of the conclusion of the agreement are only allowed 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 them and:
- a. they are the result of legal regulations or stipulations; or
- b. the consumer is authorized 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 - Compliance with the agreement and additional warranty
- 1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- 2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- 3. Additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
Article 12 - Delivery and execution
- 1. The entrepreneur will take the greatest possible care when receiving and executing orders for the products.
- 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 will execute accepted orders expeditiously but at the latest within 30 days, unless another 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 within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost 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. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 13 - Payment
- 1. Unless otherwise provided in the agreement or additional conditions, the amounts owed 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 an agreement to provide a service, this period commences on the day after the consumer has received the 2. In the sale of products to consumers, general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- 3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
- 4. If the consumer does not timely fulfill his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the non-payment within this 14-day period, due the statutory interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.
Article 14 - Complaints procedure
- 1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- 2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
- 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- 4. The consumer must give the entrepreneur at least 4 weeks to solve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.
Article 15 - Applicable law
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.