Terms and Conditions
General terms and conditions Web shop FlashTopp
Paragraph 1 – Definitions
The following terms used in these general terms and conditions have the meaning ascribed to them in this paragraph:
1. Consumer: a natural person who does not act in the exercise of a profession or business and who concludes an agreement with the entrepreneur;
2. Cooling-off period: the period during which the consumer can exercise his right of withdrawal
3. Day: calendar day;
4. Distance agreement: an agreement which is concluded under an organised distance sales scheme, with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded;
5. Distance communication means: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time;
6. Durable data carrier: any means that enables the consumer or the entrepreneur to store information personally addressed to him in a way that makes possible future consultation and unaltered reproduction of the information stored;
7. Entrepreneur: FlashTop;
8. General Terms and Conditions: these general terms and conditions of the entrepreneur;
9. Right of withdrawal: the consumer´s right to cancel the distance agreement within the cooling-off period.
Paragraph 2 – Identity of the entrepreneur
Address: Reeweg-oost 177, 3312 CN, Dordrecht, The Netherlands
Email address: firstname.lastname@example.org
Registration number Dutch chamber of commerce: 24384578
Paragraph 3 – Application general terms and conditions
1. These general terms and conditions are applicable to each offer made by the entrepreneur and to each distance agreement concluded between entrepreneur and consumer.
2. Prior to the conclusion of a distance agreement, the text of the general terms and conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance agreement, the entrepreneur will notify that at request of the consumer he will send the general terms and conditions free of charge as soon as possible and he will notify that the general terms and conditions will be disclosed at the entrepreneur.
3. If the distance agreement is concluded electronically, then, contrary to the previous paragraph, and before the distance agreement is concluded, the consumer can be provided with the text of the general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is reasonably not possible, before concluding the distance agreement, the entrepreneur will notify where the general terms and conditions can be viewed electronically and the entrepreneur will notify that, at request of the consumer, the general terms and conditions will be sent electronically or otherwise without charge.
4. If one or more provisions of the general terms and conditions at any time prove to be wholly or partially invalid or void, then the remainder of the general terms and conditions and the agreement stay fully applicable, and the provision in question will be replaced in mutual consultation by a provision that addresses the purpose and purport of original provision as closely as possible, as soon as possible.
5. If a situation arises between parties that is not regulated in these general terms and conditions, this situation should be assessed ”in the spirit” of the general terms and conditions.
6. If uncertainty exists regarding the interpretation or content of one or more provisions of these general terms and conditions, then the explanation will be found “in the spirit” of the general terms and conditions.
Paragraph 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, this will be explicitly stated in the offer.
2. The offer will include a full and accurate description of the offered product. The description will be sufficiently specific to allow the consumer to properly consider the offer. If the entrepreneur makes use of pictures, they are truthful images of the product provided. Obvious errors or mistakes in the offer are not binding for the entrepreneur.
3. Each offer shall include all necessary information clearly providing the consumer’s rights and obligations related to accepting the offer, specifically.
Paragraph 5 – The agreement
1. Subject to sub 4 of this paragraph, the agreement will come into effect the moment the consumer accepts the offer and complies with the conditions stipulated for the offer.
2. If the consumer has accepted the offer via electronic means, the entrepreneur will promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of such acceptance is not confirmed, the consumer is able to dissolve the agreement.
3. If the contract is concluded via electronic means, the entrepreneur will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within the legal framework – obtain information whether the consumer will be able to fulfil his financial commitments, as well as enquire after any other facts and circumstances that are of interest to a responsible conclusion of the distance agreement. If the entrepreneur, on the basis of this research has good reason not to conclude the agreement, the entrepreneur is justified, supported by reasons, to reject an order or request or to apply special conditions to the execution of an order or request.
5. The entrepreneur will send the following information to the consumer together with the product, in writing or in such a way that the consumer can store the information on a durable data carrier in an accessible manner:
a. the address of the entrepreneur to which the consumer may address any complaints;
b. the conditions under which the consumer can use the right of withdrawal and the way to do so, or a clear statement relating to the exclusion of the right of withdrawal;
c. information about the guarantee and after sales service;
d. the price of the product inclusive of taxes, (if applicable) the costs of delivery; and
e. the payment method, delivery or execution of the distance agreement.
6. Each agreement is entered into under the suspensive condition of sufficient availability of the product concerned.
Paragraph 6 – Right of withdrawal
1. When purchasing the product(s) the consumer may cancel the agreement during a period of 14 days, without stating reasons. This cooling-off period starts on the day after the product was received by the consumer or a representative previous designated by the consumer and announced to the entrepreneur.
2. During the cooling-off period the consumer shall handle the product and the packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer wishes to exercise his right of withdrawal, he will repackage the product with all of its accessories – if reasonable possible – in the original condition and packaging and return it to the entrepreneur, according to the clear and reasonable instructions provided by the entrepreneur.
3. When the consumer wishes to exercise his right of withdrawal, he is obligated to inform the entrepreneur of this within 14 days after he has received the product. After the consumer has informed the entrepreneur that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days, by registered mail, on his own costs. The consumer must prove that the delivered product is returned on time, for example through proof of mail delivery
4. If the consumer has indicated he does not wish to exercise his right of withdrawal or if the consumer has not returned the goods to the entrepreneur, after the periods mentioned in sub 2 and sub 3 of this paragraph, the purchase is a fact.
5. For reasons of hygiene the right of withdrawal lapses if the seal of the product has been broken.
Paragraph 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the returning costs will be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is subject to the condition that the entrepreneur has received the product back.
Paragraph 8 – Price
1. During the term of validity stated in the offer, the price of the offered product will not be raised, except for changes in price as a result of changes in the VAT-rates.
2. The price mentioned in the offer of the product is inclusive of VAT.
3. All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for printing and typographical errors and the entrepreneur is not obligated to deliver the product at the incorrect (lower) price.
Paragraph 9 – Conformity and guarantee
1. The entrepreneur warrants that the product complies with the agreement, the listed specifications in the offer, to the reasonable requirements of soundness and usability, and at the date of the conclusion of the agreement existing legal provisions and/or Government regulations. If agreed the entrepreneur also guarantees that the product is suited for other than normal designation.
2. A guarantee issued by the entrepreneur, manufacturer or importer does affect the legal right and claims the consumer may assert with the entrepreneur on the basis of the agreement.
3. Any defects or wrong delivery of the product must be reported in writing to the entrepreneur within 2 days after delivery. Return of the product must be in original packaging, an unbroken seal and in as new condition.
4. The guarantee period of the entrepreneur corresponds to the guarantee period of the factory. However, the entrepreneur is under no condition responsible for the ultimate suitability of the product for each individual application at the consumer, nor for any advices regarding the use or application of the product.
5. The guarantee does not apply in the event that:
a. the consumer himself has repaired and/or modified the delivered product or when the product has been repaired and/or modified by a third party on the customer’s behalf;
b. the delivered product has been exposed to abnormal conditions or the product has been handled contrary to the instructions of the entrepreneur and/or the instructions on the package;
c. the defect is fully or partially the consequence of (current or future) governmental regulations regarding the nature or quality of the materials used.
Paragraph 10 – Delivery and execution
1. The entrepreneur will take the best possible care accepting and executing orders of the product.
2. The delivery location is the address that the consumer provided to the entrepreneur.
3. With due observance of the stipulations in sub 4 of this paragraph, the entrepreneur will execute accepted orders with convenient speed but at least within 7 days, unless a longer delivery period has been agreed with the consumer. If an order is delayed, cannot be processed or can only be processed in part, the consumer will receive notification of this within no more than 7 days of the date on which the order was placed. The consumer has the right to dissolve the agreement without any additional costs and has no right to claim compensation
4. All delivery dates are indicative. The consumer may not derive any rights from the possible deadlines mentioned. Exceeding of a deadline will not result in a right to any compensation for the consumer.
5. In case of dissolution in accordance with sub 3 of this paragraph the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 7 days after dissolution of the agreement.
6. The risk of damaged and missing products lies with the entrepreneur up to the moment when the consumer receives the product or a representative previous designated by the consumer and announced to the entrepreneur, unless explicitly agreed otherwise.
Paragraph 11 – Payment
1. Unless subsequently agreed otherwise, all amounts payable by the consumer are due before delivery of the product.
2. The consumer must inform the entrepreneur promptly of errors in the payment details.
3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge any predetermined reasonable costs incurred to the consumer.
Paragraph 12 – Complaints procedure
1. Complaints about the performance of the agreement must be submitted to the entrepreneur, giving full and clear details and within 7 days after the consumer has noted the defects. The complaint may be submitted written, by mail or email.
2. The entrepreneur will reply to complaints submitted to him within a period of 14 days, calculated from the date of receipt. If the entrepreneur anticipates that a longer period is required to deal with a complaint, the entrepreneur will confirm receipt of the complaint within 14 days, stating when the consumer may expect a more detailed response.
3. If the entrepreneur deems the complaint to be justified, the entrepreneur will replace or repair the product free of charge at its choice.
Paragraph 13 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed by Dutch Law exclusively, even when the consumer lives abroad.
2. The court of Rotterdam is the competent court, no matter where the consumer lives.
3. The Vienna Convention on the International Sale of Goods (C.I.S.G.) is not applicable.
Paragraph 14 – Additional of different provisions
Additional provisions and/or deviations from these general terms and conditions may not be to
the consumer’s detriment and must be laid down in writing or be recorded in such a way that the consumer can store them in an accessible manner.