AGB
TERMS AND CONDITIONS
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Ongoing transaction: a distance contract relating to a series of products and/or services, where the supply and/or purchase obligation is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: an agreement concluded within the framework of an organized system for distance selling of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
- Means of distance communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Stickerkamer
Rentmeesterstraat 19
2288GW Rijswijk
Phone number: +31 15-20 24 288
Email: info@stickerkamer.nl
Chamber of Commerce number: 64958043
VAT identification number: NL002240896B55
ARTICLE 3 - APPLICABILITY
- 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.
- 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, the consumer will be informed before the distance contract is concluded that the terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge upon request.
- If the distance contract is concluded electronically, the text of these terms and conditions can be provided to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not possible, the consumer will be informed where they can access the terms and conditions electronically and that they will be sent electronically or by other means free of charge upon request.
- If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In case of conflicting terms, the most favorable provision for the consumer prevails.
ARTICLE 4 - THE OFFER
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to allow a proper assessment by the consumer. If the entrepreneur uses images, these will be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
- 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. This particularly concerns:
- The price including taxes;
- Any delivery costs;
- The method of concluding the agreement and the actions required;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the contract;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The costs for communication at a distance if they are calculated on a different basis than the standard rate for the communication method used;
- Whether the agreement will be archived and, if so, how it can be accessed by the consumer;
- The way the consumer can correct errors before concluding the contract;
- The languages in which the contract can be concluded, besides Dutch;
- The codes of conduct the entrepreneur adheres to and how the consumer can consult them electronically;
- The minimum duration of the distance contract in case of an ongoing transaction.
ARTICLE 5 - THE AGREEMENT
- The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
- If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the agreement.
- If the contract 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 take appropriate security measures.
- The entrepreneur may, within legal limits, assess whether the consumer can fulfill their payment obligations and consider relevant factors for a responsible distance contract. If the entrepreneur has valid reasons to refuse the contract, they are entitled to reject an order or attach special conditions to it.
- The entrepreneur will provide the consumer with the following information, in writing or on a durable medium, along with the product or service:
- The physical address of the entrepreneur's business where complaints can be submitted;
- The conditions and procedures for exercising the right of withdrawal, or a clear statement if the right of withdrawal does not apply;
- Information about warranties and after-sales service;
- The data mentioned in Article 4, unless they were already provided before the contract was concluded;
- The conditions for termination if the agreement has a duration of more than one year or is indefinite.
ARTICLE 6a and 6b – RIGHT OF WITHDRAWAL for the delivery of products/services
For the delivery of products:
- When purchasing products, the consumer has the right to dissolve the agreement without stating any reason within 14 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer and notified to the entrepreneur receives the product.
- During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, the consumer shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
For the delivery of services:
3. When receiving services, the consumer has the right to dissolve the agreement without stating any reason for at least fourteen days, starting from the day the agreement was concluded.
4. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
- If the consumer exercises their right of withdrawal, they shall bear the costs of returning the product (for parcel shipments, the cost is approximately €6.95).
- If the consumer has made a payment, the entrepreneur shall refund the amount as soon as possible, but no later than 14 days after the return or withdrawal.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
- The entrepreneur may exclude the consumer's right of withdrawal to the extent provided 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 before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
a. that have been made to the consumer’s specifications;
b. that are clearly of a personal nature;
c. that, due to their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is dependent on fluctuations in the financial market beyond the entrepreneur’s control;
f. that are single newspapers and magazines;
g. that are audio and video recordings or computer software where the consumer has broken the seal. - Exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
b. that have already started with the explicit consent of the consumer before the cooling-off period has expired;
c. related to betting and lotteries.
ARTICLE 9 – THE PRICE
- During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
- In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if they are subject to fluctuations in the financial market beyond the entrepreneur's control. This dependency on fluctuations and the fact that listed prices are guide prices will be mentioned in the offer.
- Price increases within 3 months after the agreement is concluded are only allowed if they result from 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. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect. - The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 – CONFORMITY AND WARRANTY
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable usability and/or reliability requirements, and the legal provisions and/or government regulations applicable at the time of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur based on the agreement.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within X days/weeks after delivery. The products must be returned in their original packaging and in new condition.
- The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer or for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used in violation of the entrepreneur’s instructions and/or packaging instructions;
- The defect is wholly or partially the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
- The entrepreneur shall exercise the utmost care when receiving and executing product orders and assessing service requests.
- The delivery address shall be the address provided by the consumer to the company.
- With due observance of the provisions in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed or an order cannot or can only be partially fulfilled, the consumer will be notified within 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without cost and is entitled to compensation.
- In the event of termination as described in the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The consumer will be informed in a clear and comprehensible manner that a replacement item is being delivered at the latest upon delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur's expense.
- 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 notified to the entrepreneur unless expressly agreed otherwise.
ARTICLE 12 – DURATION OF TRANSACTIONS
- The consumer may terminate an indefinite-term agreement at any time, subject to the agreed termination rules and a maximum notice period of one month.
- A fixed-term agreement has a maximum duration of two years. If it is agreed that the agreement will be automatically extended upon expiry unless the consumer objects, the agreement will continue as an indefinite-term agreement with a maximum one-month notice period.
ARTICLE 13 – PAYMENT
- Unless otherwise agreed, the consumer must pay the amounts due within 14 days after the start of the cooling-off period referred to in Article 6(1).
- For product sales, no more than 50% prepayment may be required. The consumer cannot claim the execution of an order or service until the required prepayment has been made.
- The consumer must promptly report any inaccuracies in the provided payment details to the entrepreneur.
- If the consumer fails to meet their payment obligations, the entrepreneur is entitled to charge reasonable costs, provided the consumer was informed in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
- The entrepreneur has a well-publicized complaints procedure and handles complaints accordingly.
- Complaints must be submitted fully and clearly to the entrepreneur within a reasonable period after the consumer identifies defects.
- Complaints will be answered within 14 days. If more time is needed, the consumer will receive an acknowledgment and an estimated response time. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
ARTICLE 15 – PERSONAL DATA
Stickerkamer will process the buyer’s data in accordance with its privacy policy, complying with applicable privacy laws.
ARTICLE 16 – LINKS
Stickerkamer is not responsible for third-party privacy policies or their websites linked on Stickerkamer's website.
ARTICLE 17 – ADDITIONAL OR DIFFERENT PROVISIONS
Additional or different provisions may not disadvantage the consumer and must be recorded in writing or in a way that the consumer can store them on a durable medium.