General conditions

General conditions for the home shopping store/online store

Article 1 - Definitions

In these terms is meant with:
1. Entrepreneur: the natural or legal person who offers products and/or distance services to consumers;
2. Consumer: the natural person who is not acting in the execution of a profession or company and who enters into a distance agreement with the entrepreneur;
3. Distance agreement: an agreement whereby in the scope of a by the entrepreneur organised system for distance sales of products and/or services, up until the closing of the agreement, only one or more techniques for distance communication are used;
4. Technique for distance communication: means that can be used to close an agreement, without the consumer and the entrepreneur having been in the same room together;
5. Reflection period: the term within which the consumer can appeal to their right of withdrawal;
6. Right of withdrawal: the option for the consumer to refrain from the distance agreement within the reflection period;
7. Day: calendar day;
8. Extended transaction: a distance agreement with regard to a series of products and/or services, of which the delivery and/or purchase obligation has been spread over time;
9. Durable medium: any means that enable the consumer or entrepreneur to store information that is personally addressed to him or her in a way that enables future reference and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur

Company name: Perron 11

Owner: J.C. van der Meer - van der Wal
Address: Parkweg 5, 6942 PP Didam
Telephone number: 0316-220826, available on work days between 8.30am and 5.30pm
Email address: info@perron11.nl
CoC-number: 30270015

VAT-number: NL167173698B01


Article 3 - Applicability
1. These general conditions apply to every offer of the entrepreneur and to every distance agreement between entrepreneur and consumer.

Article 4 – The offer
1. If an offer has a limited validity or proceeds under certain terms, this is explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper judgement of the offer by the consumer. If the entrepreneur uses images, then these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

  1. Each offer contains such information that it is clear to the consumer which rights and obligations are connected to the acceptance of the offer. This particularly concerns:
    - the price including taxes;
    - the possible costs of delivery;
    - the way in which the agreement will come about and which actions are needed for this;
    - whether or not the right of withdrawal is applicable;
    - the method of payment, delivery or execution of the agreement;
    - the term for acceptance of the offer, or the time limit for the price;
    - the amount of the rate for distance communication if the costs of the use of the technique for distance communication are calculated other than at the basic rate;
    - if the agreement is archived after the agreement has come about, or in which way the consumer can consult the agreement;
    - the way in which the consumer can become aware of actions he would not like before closing the agreement, as well as the way in which the consumer can change these actions before the agreement comes about;
    - the possible languages in which, in addition to Dutch, the agreement can be closed;
    - the codes of conduct to which the entrepreneur has subjected and the way the consumer can consult these codes of conduct electronically; and
    - the minimum duration of the distance agreement in case of an agreement which entails the continuing or periodic delivery of products or services.

    Article 5 – The agreement
    1. Subject to the determined in part 4, the agreement comes about at the moment of acceptance by the consumer of the offer and the fulfilment of the thereby stated conditions.
    2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
    If the agreement comes about electronically, the entrepreneur takes suitable technical and organisational measures to secure the electronic transfer of data and the entrepreneur will provide safe web surroundings. If the consumer is able to pay electronically, the entrepreneur will observe suitable safety measures for this. 4. The entrepreneur may – within legal framework – obtain information whether the consumer is able to meet his or her payment obligations, as well as information regarding those facts and factors that are of importance for a responsible entering into a distance agreement. If, based on this investigation, the entrepreneur has solid reasons not to enter into the agreement, entrepreneur is authorized to reject an order or request, or to apply special terms to the agreement. 5. The entrepreneur will include the following information with the product or service, in writing or in such a way that it can be stored on a durable medium in an accessible way:
    a. the visiting address of the office of the entrepreneur to which the consumer can address their complaints;
    b. the conditions under which and the way in which the consumer can use his or her right of withdrawal, or a clear notification with regard to the right of withdrawal being excluded;
    c. the information regarding the existing service after purchase and guarantees;
    d. the in article 4 part 3 of these conditions recorded information, unless entrepreneur has already provided this information to the consumer before the execution of the agreement;
    e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or has an unlimited duration.
    6. If the entrepreneur has committed to the delivery of a series of products or services, the provision in the previous part only applies to the first delivery.

    Article 6a - Right of withdrawal with delivery of products
    1. With the purchase of products, the consumer has the option to dissolve the agreement without statement of reasons during 14 work days. This term commences on the day after receipt of the product by or on behalf of the consumer. Subsequently the consumer has 14 days to return the product.
    2. During this term, the consumer will handle the product and the package with the utmost care. He will unpack the product only to the extent to which, or only use it for as far as necessary, to judge whether he or she wishes to keep the product. If the consumer uses the right of withdrawal he or she will return the product with all connecting items and – if reasonably possible – in its original state and packaging, to the entrepreneur, in conformity with the by the entrepreneur provided reasonable and clear instructions.


Article 6b - Right of withdrawal with the provision of services
1. In the provision of services, consumer has the option to dissolve the agreement without statement of reasons during 7 work days, commencing on the day the agreement is entered into.
2. In order to use the right of withdrawal, the consumer will refer to the clear and reasonable instructions which have been provided by the entrepreneur with the offer and/or with the delivery of the products concerned.

3. If the consumer is not satisfied with the presented sample designs of customized wallpaper, wallpaper figure, or wall decal and sees no option by means of corrections to have the design altered in such a way that it does meet expectations, the consumer may cancel the order. However, this is no longer possible after the final (digital) print sample has been approved or when the physical product has already been sent.


Article 7 – Costs in case of withdrawal
1. If the consumer uses the right of withdrawal, the amount of the costs of the return shipment and possible agreed costs for additional work will be for account of the consumer.
2. If the consumer has paid an amount, entrepreneur will refund the complete amount as soon as possible, though at the latest 14 days after registration of the return shipment.

3. If the consumer wishes to cancel a customized design in conformity with Article 6b part 3, then the consumer will receive a refund of the already paid amount minus 50% of the costs of the customized work. If the consumer hasn’t paid yet, 50% of the costs for the customized work will be for their account, which will be invoiced afterwards.


Article 8 – Exclusion of right of withdrawal
1. The right of withdrawal does not apply to products of the entrepreneur which:
a) have been brought about by the entrepreneur in accordance with specifications of the consumer;
b) are of a clear personal nature;
c) cannot be returned due to their nature;
d) audio and video recordings and computer software of which the consumer has broken the seal.

2. Exclusion of the right of withdrawal applies to services of the entrepreneur:
a) with regard to leisure time to be performed on a specific date or during a specific period;
b) of which the delivery has started before expiry of the reflection period with the explicit permission of the consumer;

Article 9 - The price
1. During the in the offer mentioned validity the prices of the offered products and/or services will not be raised, with the exception of price changes as a result of changes in VAT rates.
2. Deviating from the previous part, the entrepreneur may offer products or services of which prices are bound to fluctuations in the financial market, and on which the entrepreneur has no influence, with variable prices. The entrepreneur being bound to fluctuations and the fact that possible mentioned prices are indicative prices is mentioned with the offer.
3. Price increases within 3 months after the agreement has come about are only allowed if they are the result of legal regulations or provisions.
4. Price increases starting from 3 months after the agreement has come about are only allowed if the entrepreneur has stipulated this and:
a) these are the result of legal regulations or provisions; or
b) the consumer has the authority to cancel the agreement as of the day on which the price increase commences.
5. The in the offer of products and services mentioned prices are including VAT.

Article 10 – Conformity and Guarantee
1. The entrepreneur guarantees that the products and/or services meet the agreement, the in the offer indicated specifications, the fair demands of soundness and/or usability, and the on the date the agreement has come about existing legal provisions and/or government regulations.
2. A by the entrepreneur, manufacturer or importer as a guarantee offered arrangement does not affect the rights and claims consumer can make toward the entrepreneurs regarding a shortcoming in the fulfilment of the obligations of the entrepreneur, pursuant to the law and/or the distance agreement.

3. For printed material applies that when the consumer, in writing, verbally, or electronically has agreed to the printing sample, possible typing or printing errors on the print work are not included in the guarantee provisions. Possible reprinting costs arising from this are for account of the consumer after approval of the print sample.

  1. Guarantee on wall decoration lapses if the consumer – or a by the consumer appointed third party – has not correctly followed the attachment instructions (including surface and adhesive advice).

    Article 11 – Delivery and execution
    1. The entrepreneur will observe the utmost possible care in the receipt and execution of orders of products and in the judgement of requests for providing services.
    2. As place of delivery the address which the consumer provided to the company applies.
    3. With due observance of what is mentioned about this in article 4 of these general conditions, the entrepreneur will execute accepted orders with appropriate haste, though within 30 days at the latest, unless another delivery term has been agreed upon. If the delivery experiences a delay, or if an order cannot or can only partially be executed, consumer will receive a notification of this one month after he or she has placed the order at the latest. In that case, consumer is entitled to dissolve the agreement without costs and to claim possible compensation for damages.
    In case of dissolution in conformity with the previous part, entrepreneur will refund the amount the consumer has paid as soon as possible, though within 30 days after the dissolution at the latest.
    5. If delivery of an ordered product turns out to be impossible, the entrepreneur will try to provide a replacing article. Consumer will be notified in a clear and understanding way that a replacing articled is being delivered upon delivery at the latest. With replacing articles, the right of withdrawal cannot be excluded. The costs of a return shipment are for account of the entrepreneur. 6. Up until the moment of delivery to the consumer, the risk of damage and/or loss of products lies with the entrepreneur, unless explicitly otherwise agreed upon.

Article2 - Extended transactions
1. The consumer can cancel an agreement which has been entered into for an indefinite period at any given time, with due observance of the agreed cancellation rules and a cancellation period of one-month maximum.
2. An agreement which has been entered into for a fixed period has a duration period of a maximum of two years. If it is agreed that with consumer’s silence the distance agreement will be prolonged, the agreement will be continued as an agreement for an indefinite period and after continuation the agreement will have a cancellation period of one-month maximum.

Article 13 - Payment
1. The general payment term of Perron 11 is 14 days after the invoice date, unless otherwise agreed upon.
2. With products that are ordered through the web shop www.perron11.nl, consumer needs to pay at least 50% of the total amount before the entrepreneur will proceed to printing or shipment. Until the advanced payment has taken place, the consumer cannot claim any rights regarding the execution of the order or service(s) concerned. Consumer must pay the remaining amount within 14 days after receipt of the products.
3. The consumer is obliged to immediately report inaccuracies in the provided or mentioned payment information to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right to charge the consumer with reasonable, previously notified costs, with due observance of legal provisions.
5. When using the AfterPay payment method, the payment conditions of AfterPay also apply. These conditions can be found at http://www.afterpay.nl/page/consument-betalingsvoorwaarden

Article 14 – Complaints procedure
1. If after receipt, the consumer notices defects to the delivered products, consumer needs to report this quickly, though within 1 year after the purchase, to the entrepreneur, in writing or via email.
2. Complaints regarding the execution of the agreement must be filed with the entrepreneur completely and clearly described.
3. Complaints filed with the entrepreneur will be answered within a term of 14 days, counting from the date of receipt. If a complaint should require a foreseeable longer processing time, the entrepreneur will answer within the term of 14 days with a notification of receipt and an indication as to when the consumer may expect a more elaborate answer.

Article 15 – Intellectual property
Copyright rests on all illustrations, pictures, designs, and texts (including the website and the software codes underneath it) of the entrepreneur. These rights are legally not transferrable and therefore remain, also after a product is sold, intellectual property of the entrepreneur. Without prior written permission of Perron 11 it is not allowed to partially or completely copy, change, alter, publish, broadcast, distribute, sell, or transfer this material. Should this still occur, the material concerned immediately needs to be returned upon the first request of the entrepreneur. For every action that violates this provision, the counterparty is indebted a legally determined fine, unabated the right of the entrepreneur to claim complete compensation of damage.

 

 

 

 

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