General Terms and Conditions
These General Terms and Conditions will take effect from 1 June 2023.
This General Terms and Conditions statement exists alongside the privacy statement regarding the AVG (General Data Protection Regulation). The General Terms and Conditions and the Privacy Statement complement each other and/or may overlap. In case of discrepancies or voids between these two documents, the Stickervaria management will decide.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Articele 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Additional or different provisions
Article 16 - Liability
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. 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;
5. Durable data carrier: 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;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person offering distance services to consumers; 8;
8. Distance contract: an agreement whereby, within the framework of a system organised 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;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
Article 2 - Identity of the entrepreneur
Stickervaria is a subsidiary of Allemaalstickersenzo VOF
Name of the entrepreneur: Allemaalstickersenzo VOF
Email address: info@allemaalstickersenzo.nl
Chamber of Commerce number: 86051164
BTW-identificatienummer: NL863845290B01
ABN AMRO IBAN: NL80.ABNA.0564.326.593 t.n.v. Allemaal Stickers Enzo
BIC: ABNANL2A
If the entrepreneur's activity is subject to a relevant licensing regime: details of the supervisory authority:
If the entrepreneur practices a regulated profession:
- the professional association or organisation to which he belongs;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.
Article 3 - Applicability
1. These general terms and conditions apply to every offer 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 shall be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, contrary to 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 it can be stored by the consumer in a simple manner on a durable data carrier.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. 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 rights and obligations are attached to accepting the offer. This concerns in particular:
o the price including taxes;
o any costs of delivery
o the way in which the agreement will be concluded and which actions are necessary for this;
o whether or not the right of withdrawal is applicable;
o the method of payment, delivery and performance of the agreement;
o the period for accepting the offer, or the period within which the trader guarantees the price;
o the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
o whether the agreement will be archived after its conclusion, and if so in which way it can be consulted by the consumer;
o the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify them;
o any languages other than Dutch in which the agreement can be concluded;
o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
o the minimum duration of the distance contract in case of an extended transaction.
All information on this webshop is made with the greatest possible accuracy, errors and price changes are reserved. Customer cannot derive any rights whatsoever from any errors.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions attached to it.
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 agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner 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 on 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 data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
On delivery of products:
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days.
2. During the withdrawal 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 state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
On delivery of services:
3. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he shall bear the costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the return or withdrawal, provided that the return contains only items that are undamaged and therefore can be resold by Stickervaria.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal as far as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly of a personal nature; (e.g. custom-made stickers)
Article 9 - The price
1. During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding 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 prices mentioned are target prices shall be mentioned in the offer.
3. We have a minimum order amount including shipping costs, we have had to introduce this because a lower order amount is not profitable due to payment/shipping/administration and handling costs.
Article 10 - Compliance and 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 existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.
Article 11 - Delivery and implementation
1. The entrepreneur shall take the greatest possible care when receiving and executing product orders 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. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 14 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer shall be informed about this at the latest 5 days after the order was placed.
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 turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any 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 or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions
1. The consumer may at any time terminate a contract that has been entered into for an indefinite period of time, subject to the applicable termination rules and a maximum notice period of one month.
2. An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that in the event of the consumer's silence, the distance contract shall be extended, the contract shall be continued as a contract for an indefinite period of time and the period of notice after continuation of the contract shall not exceed one month.
Article 13 - Payment
1. As far as not otherwise agreed upon, the amounts due by the consumer should be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot 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 details provided or mentioned to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints 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 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 entrepreneur shall respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 - Additional or different provisions
Additional provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable data carrier.
