Terms and conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;

1. 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;

1. Day: calendar day;

1. Duration transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

1. Durable medium: any instrument that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

1. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;

1. Model form: the model form for withdrawal that the entrepreneur makes available, which a consumer can complete when he wishes to make use of his right of withdrawal.

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

1. Distance contract: an agreement where, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, one or more techniques for distance communication are used exclusively;

1. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.

1. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

1. Cancellation fees: if you cancel your purchase, we charge cancellation fees. These consist of € 4.00 in administrative costs increased by 10% of the purchase value of the item(s).

Article 2 - Identity of the entrepreneur

VinylHobbyist

Karmelstraat 47

6418VT Heerlen

Netherlands

T (063) 004-2404

E administratie@vinylhobbyist.nl

KVK 76385701

VAT number NL003080659B40

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.

1. 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, 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 as soon as possible at the consumer's request.

1. If the distance contract is concluded electronically, in deviation from 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 stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.

1. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

1. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in effect, and the provision in question shall, by mutual agreement, be replaced immediately by a provision that approximates the intent of the original as closely as possible.

1. Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

1. Ambiguities about the interpretation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

1. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

1. The offer contains a complete and accurate description of the products and/or services 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 and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

1. All images and specifications in the offer are indicative and cannot lead to damages or dissolution of the agreement.

1. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

1. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
  - - the price including taxes;
  - - any shipping costs;
  - - the way in which the agreement will be concluded and what actions are required for this;
  - - whether or not the right of withdrawal applies;
  - - the method of payment, delivery and execution of the agreement;
  - - the deadline for acceptance of the offer or the deadline within which the entrepreneur guarantees the price;
  - - the amount of the rate for 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 communication method used;
  - - whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
  - - the way in which the consumer can check and, if desired, correct the information he has provided in the context of the agreement before concluding it;
  - - any languages other than Dutch in which the agreement can be concluded;
  - - the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  - - the minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set out therein.

1. 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 by the entrepreneur, the consumer can dissolve the agreement.

1. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.

1. Within legal frameworks, the entrepreneur can 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 the entrepreneur has good grounds not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

1. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  - - the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
  - - 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;
  - - information about guarantees and existing after-sales service;
  - - the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  - - the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

1. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

1. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For the supply of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

1. During the reflection period, the consumer will handle the product and the 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 makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

1. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as via email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.

1. If the customer has not indicated after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

For the supply of services:

1. For the supply of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.

1. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of return shipment will be at his expense at most.

1. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. A condition for this is that the product has already been received back by the web retailer or that conclusive proof of complete return shipment can be provided. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.

1. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.

1. The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

1. Exclusion of the right of withdrawal is only possible for products:
  - - which have been created by the entrepreneur in accordance with the consumer's specifications;
  - - which are clearly personal in nature;
  - - which by their nature cannot be returned;
  - - which can spoil or age rapidly;
  - - the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  - - for individual newspapers and magazines;
  - - for audio and video recordings and computer software of which the consumer has broken the seal;
  - - for hygienic products of which the consumer has broken the seal.

1. Exclusion of the right of withdrawal is only possible for services:
  - - regarding accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
  - - the supply of which has begun with the consumer's express consent before the cooling-off period has expired;
  - - regarding bets and lotteries.

Article 9 - 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 resulting from changes in VAT rates.

1. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any prices stated are target prices are mentioned in the offer.

1. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

1. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  - - they are the result of statutory regulations or provisions; or
  - - the consumer is authorized to cancel the agreement effective from the day the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.

1. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

1. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

1. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.

1. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

1. 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 or have otherwise been treated carelessly or in violation of the entrepreneur's instructions and/or the instructions on the packaging;
  - - the defect is entirely or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

1. The place of delivery is the address that the consumer has made known to the company.

1. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with reasonable dispatch but at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.

1. All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

1. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.

1. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.

1. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, cancellation, and renewal

Cancellation

1. The consumer may at any time cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to agreed cancellation rules and a notice period of at most one month.

1. The consumer may at any time cancel an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, by the end of the definite period, subject to agreed cancellation rules and a notice period of at most one month.

1. The consumer may cancel the agreements mentioned in the previous paragraphs:
  - - at any time and not be limited to cancellation at a specific time or in a specific period;
  - - at least cancel in the same way as they were entered into by him;
  - - always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

1. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of at most one month.

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

1. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

1. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

1. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

1. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

1. 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.

1. If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

1. In case of complaints, a consumer must first turn to the entrepreneur.

1. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

1. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer lives abroad.

1. The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional or different provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.