Terms of service

Table of contents

• 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 the event of withdrawal
• Article 8 - Exclusion of the right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and warranty
• Article 11 - Delivery and performance
• Article 12 - Continuing transactions: duration, termination and renewal
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
• Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance agreement with the entrepreneur;
• Day: calendar day;
• Continuing transaction: a distance agreement concerning a series of products and/or services for which the delivery and/or purchase obligation is spread over time;
• Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them 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 agreement within the cooling-off period;
• Model form: the model withdrawal form made available by the entrepreneur, which a consumer may complete when exercising the right of withdrawal;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance agreement: an agreement concluded within the framework of an organised distance sales system for products and/or services operated by the entrepreneur, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the agreement;
• Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same place at the same time;
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Stalen Design
Sterkerij 15
6717XR Ede
The Netherlands

T (085) 105-1993
E info@stalendesign.nl
Chamber of Commerce 94519358
VAT number NL005091650B60

Article 3 - Applicability

• These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
• Before the distance agreement 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 agreement is concluded it will be stated that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
• If the distance agreement is concluded electronically, the text of these General Terms and Conditions may be made available electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, it will be stated where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge upon request.
• If specific product or service conditions apply in addition to these General Terms and Conditions, the above applies accordingly. In the event of conflicting provisions, the consumer may rely on the provision that is most favourable to them.
• If one or more provisions of these General Terms and Conditions are wholly or partially void or annulled, the agreement and the remaining provisions will remain in force. The provision concerned will be replaced, in consultation, by a provision that reflects the original intent as closely as possible.
• Situations not covered by these General Terms and Conditions must be assessed in accordance with the spirit of these General Terms and Conditions.
• Any ambiguity regarding the interpretation or content of one or more provisions must be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 - The offer

• If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
• The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.
• The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or obvious errors do not bind the entrepreneur.
• All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
• Product images are a true representation of the products. The entrepreneur cannot guarantee that the displayed colours exactly correspond to the actual colours.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer, in particular:

• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;
• the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate;
• whether the agreement will be archived after conclusion and, if so, how the consumer can access it;
• the way in which the consumer can check the information provided before concluding the agreement and correct it if desired;
• any other languages in which the agreement may be concluded in addition to Dutch;
• the codes of conduct to which the entrepreneur is subject and how these can be consulted electronically;
• the minimum duration of the distance agreement in the event of a continuing transaction.

Article 5 - The agreement

• Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.
• If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt electronically. As long as receipt has not been confirmed, the consumer may terminate the agreement.
• If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
• Within the limits of the law, the entrepreneur may investigate whether the consumer is able to meet their payment obligations and may refuse an order or attach special conditions to its execution if there are reasonable grounds to do so.
• The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored on a durable medium:
  • the visiting address of the entrepreneur’s business location where the consumer can submit complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  • information on warranties and existing after-sales service;
  • the information included in Article 4 paragraph 3, unless already provided before performance;
  • the requirements for termination if the agreement has a duration of more than one year or is of indefinite duration.
• In the event of a continuing transaction, the information obligation applies only to the first delivery.
• Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Delivery of products

• When purchasing products, the consumer may terminate the agreement without giving reasons within 14 days. The cooling-off period starts on the day after receipt.
• During the cooling-off period, the consumer will handle the product and packaging with care and will only unpack or use the product to the extent necessary to assess it.
• To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days after receipt, using the model form or, for example, by email. The consumer may also exercise the right of withdrawal electronically using the withdrawal function on the entrepreneur’s website: https://www.stalendesign.nl/pages/eu-herroepingsformulier. After submitting the withdrawal statement, the consumer will receive confirmation of receipt without undue delay. Use of this electronic withdrawal function is not mandatory. The consumer may also withdraw from the agreement in another unambiguous manner. The product must then be returned within 14 days. The consumer must be able to prove that the product was returned on time.

• If the withdrawal is not reported in time or the product is not returned in time, the purchase becomes final.

Delivery of services

• For services, the consumer may terminate the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
• The consumer must follow the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in the event of withdrawal

• In the event of withdrawal, at most the costs of returning the goods are borne by the consumer.
• Refunds will be made as soon as possible and no later than 14 days after withdrawal, provided that the product has been received or conclusive proof of complete return has been provided. The refund will be made using the same payment method, unless the consumer agrees to another method.
• If the product is damaged as a result of careless use, the consumer is liable for any reduction in value.
• The consumer is not liable for any reduction in value if the entrepreneur failed to provide all legally required information about the right of withdrawal before the purchase agreement was concluded.

Article 8 - Exclusion of the right of withdrawal

• The entrepreneur may exclude the right of withdrawal for products and/or services as described below, provided this was clearly stated in the offer in good time.

Exclusion for products, including:

• products made to the consumer’s specifications;
• products that are clearly personal in nature;
• products that cannot be returned due to their nature;
• products that spoil or age rapidly;
• products whose price depends on fluctuations in the financial market;
• individual newspapers and magazines;
• audio/video recordings or software where the seal has been broken;
• hygiene products where the seal has been broken.

Exclusion for services, including:

• accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
• services for which performance has begun with the consumer’s express consent before the end of the cooling-off period;
• betting and lotteries.

Article 9 - The price

• Prices will not be increased during the validity period stated in the offer, except as a result of changes in VAT rates.
• Variable prices may apply where prices are subject to fluctuations in the financial market; this will be stated.
• Price increases within three months after conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
• Price increases from three months after conclusion of the agreement are permitted only if this has been agreed and:
  • they result from statutory regulations or provisions; or
  • the consumer is entitled to terminate the agreement on the date the price increase takes effect.
• Prices include VAT.
• Printing and typographical errors are reserved. The entrepreneur is not liable for such errors and is not obliged to deliver at an incorrectly stated price.

Article 10 - Conformity and warranty

• Products and/or services comply with the agreement, the stated specifications, reasonable requirements and applicable statutory provisions and regulations.
• Any warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer’s statutory rights.
• Defects or incorrectly delivered products must be reported in writing within two months of discovery.
• The warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is not responsible for the suitability of products for the consumer’s individual application or for advice regarding the use or application of products.
• The warranty does not apply, among other things, if:
  • repairs or modifications have been carried out by the consumer or third parties;
  • the products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions;
  • the defect results wholly or partly from current or future government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

• The entrepreneur will exercise the greatest possible care when receiving and executing orders and assessing requests.
• The place of delivery is the address provided by the consumer.
• Delivery will take place with due speed and no later than within 30 days, unless a longer delivery period has been agreed. In the event of delay or partial or complete non-performance, the consumer will be informed no later than 30 days after placing the order. The consumer may then terminate the agreement free of charge. The consumer is not entitled to compensation.
• Delivery periods are indicative. Exceeding a delivery period does not entitle the consumer to compensation.
• In the event of termination, the entrepreneur will refund the amount paid by the consumer no later than 14 days after termination.
• If delivery is impossible, the entrepreneur will make reasonable efforts to provide a replacement item. The consumer will be informed upon delivery. The right of withdrawal may not be excluded for replacement items. In that case, the costs of return shipment are borne by the entrepreneur.
• The risk of damage to and/or loss of products rests with the entrepreneur until delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Continuing transactions: duration, termination and renewal

Termination

• An agreement entered into for an indefinite period and concerning the regular delivery of products and/or services may be terminated with a notice period of no more than one month.
• A fixed-term agreement concerning the regular delivery of products and/or services may be terminated at the end of the agreed term with a notice period of no more than one month.
• The consumer may:
  • terminate the agreement at any time and may not be restricted to a specific time or period;
  • terminate the agreement in the same manner in which it was concluded;
  • terminate the agreement subject to the same notice period as the entrepreneur applies to itself.

Renewal

• A fixed-term agreement concerning the regular delivery of products and/or services may not be tacitly renewed for a fixed term.
• By way of exception, agreements for daily newspapers, news publications, weekly newspapers and magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate the renewed agreement with a notice period of no more than one month.
• Tacit renewal for an indefinite period is permitted only if the consumer may terminate at any time with a notice period of no more than one month, or no more than three months where daily newspapers, news publications, weekly newspapers or magazines are delivered less than once per month.
• A trial or introductory subscription ends automatically and is not tacitly continued.

Duration

• If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 - Payment

• Unless otherwise agreed, amounts payable by the consumer must be paid within seven working days after the cooling-off period begins as referred to in Article 6 paragraph 1. In the case of services, this period begins after the consumer has received confirmation of the agreement.
• The consumer must immediately report any inaccuracies in payment details provided or stated.
• In the event of non-payment, the entrepreneur may, within statutory limits, charge reasonable costs that have been communicated to the consumer in advance.

Article 14 - Complaints procedure

• The entrepreneur has a complaints procedure and handles complaints in accordance with that procedure.
• Complaints regarding performance of the agreement must be submitted fully and clearly within two months after the defects have been identified.
• Complaints will be answered within 14 days of receipt. If processing requires more time, the consumer will receive confirmation of receipt within 14 days together with an indication of when a more detailed response can be expected.
• If a complaint cannot be resolved by mutual agreement, the dispute is subject to the dispute settlement procedure.
• A complaint must first be submitted to the entrepreneur. If the entrepreneur is affiliated with WebwinkelKeur, the consumer may subsequently contact WebwinkelKeur for mediation. If necessary, the dispute may then be submitted to an independent disputes committee whose decision is binding. Costs may be charged to the consumer.
• A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
• If a complaint is found to be justified, the entrepreneur will, at its discretion, repair or replace the product free of charge.

Article 15 - Disputes

• Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
• The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or deviating provisions

• Additional provisions or provisions that deviate 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 medium.