article 1 - Definitions
article 2 - Identity of the entrepreneur
article 3 - Applicability
article 4 - The offer
article 5 - The contract
article 6 - Right of withdrawal
article 7 - Obligations of the consumer during the reflection
article 8 - Exercise of the right of withdrawal by the consumer and costs
article 9 - Obligations of the trader in case of withdrawal
Article 10 - Exclusion of withdrawal right
Article 11 - The price
Article 12 - Compliance and Warranty extension
Article 13 - Delivery and execution
Article 14 - Extended duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different terms
Article 1 - Definitions
In these conditions apply:
- Supplementary Agreement means an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an agreement between the third party and the trader;
- Grace period: The period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content means data which are produced and supplied in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
- Durable medium: any device - including also e-mail - that the consumer or business that enables information to him personally, store in a way that future consultation or use for a period appropriate to the purpose for which it was intended, and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the ability of the consumer to see within the waiting period of the contract;
- Entrepreneur: the natural or legal products, (access) digital content and / or remote services to the consumer;
- Distance contract: an agreement to be concluded within the framework of an organized system for distance selling of goods, digital content and / or services, up to and including the conclusion of the contract made solely or partly use between the trader and the consumer is one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form set out in Appendix I of these conditions. Annex I need not be made available to the consumers in respect of the order has no right of withdrawal;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur have to be together in the same room.
Article 2 - Identity of the entrepreneur
Tin Pan Alley eg, Pluck Amsterdam
Reestraat 19.1016 DM Amsterdam
Email: [email protected]
Commercial Register: 34301575
VAT identification number: NL819401304B01
If the activity of the entrepreneur is subject to a relevant licensing:
- Data on the supervisory authority.
If the entrepreneur a regulated profession:
- the professional association or organization with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is
- a reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules accessible.
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the trader will before the contract is concluded, indicate how to see the general conditions for the entrepreneur and that they be sent free of charge as soon as possible, at the request of the consumer.
- If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
- In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him .
Article 4 - The offer
- If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a truthful representation of the products, services and / or digital content. Obvious mistakes or errors in the offer binding on the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
- The entrepreneur can within the law - inform the consumer's ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- The entrepreneur will look upon delivery of the product, service or digital content to the consumer the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
- The address of the establishment of the business where consumers can lodge complaints;
- The conditions under which and the manner in which the right of withdrawal consumer can use, or a clear statement regarding the
are excluded from the right of withdrawal;
- Information about guarantees and after sales service;
- Prices including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of
payment, delivery or performance of the contract;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- If the consumer has a right of withdrawal and the model withdrawal form.
- In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
1. The consumer may conclude an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving
dissolve reasons. The operator may ask the consumer about the reason for withdrawal, but does not commit to stating his reason (s).
- In paragraph 1 period begins on the day after the consumer, or a pre-designated by the consumer third party other than the carrier,
the product has received, or;
- If the consumer ordered several products in the same order: the day on which the consumer or a third party designated by, the
has received final product. The operator may, provided he has the consumer prior to the ordering process in a clear manner
informed, to refuse an order for multiple products with different delivery time.
- If the supply of a product consisting of multiple lots or pieces:
the day on which the consumer or a third party designated by the final shipment or the last item has been received;
- The contract is for regular delivery of goods during a certain period, the day on which the consumer or by him
designated third party has received the first product.
In services and digital content which is not supplied on a tangible medium:
- The consumer has a service contract and a contract for the supply of digital content which is not supplied on a tangible medium dissolve for at least 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but does not commit to stating his reason (s).
- The waiting period referred to in paragraph 3 shall begin on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:
- If the entrepreneur consumer statutory notice of the withdrawal right or the standard form does not provide for withdrawal, the withdrawal period shall expire twelve months after the end of the original period of reflection determined in accordance with the preceding paragraphs of this article.
- If the trader has provided the consumer information referred to in the preceding paragraph within twelve months after the effective date of the initial grace period, the grace period will expire 14 days from the day the consumer receives that information.
Article 7 - Obligations of the consumer during the reflection
- During this period the consumer will treat the product and packaging. He will only extract the product or use to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for diminished value of the product which is the result of a way of dealing with the product beyond permitted in paragraph 1.
- The consumer is not liable for diminished value of the product as the entrepreneur him not to or at the conclusion of the agreement has provided all information required by law about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs
- If the consumer exercises his right of withdrawal, he shall within the cooling-off period using the model withdrawal form or any other unequivocal manner to the entrepreneur.
- As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, whether he hands it to (a representative of) the entrepreneur. This need not be if the trader has offered to collect the product. The consumer is back transmission period observed in any case like to return the product before the waiting period has expired.
- The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the consumer.
- The consumer must bear the direct cost of returning the product. If the trader has not notified the consumer has to bear them or if the operator indicates to bear the costs themselves, consumers do not bear the return shipping costs.
- If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity which are not put up for sale in a limited volume or certain amount begin during the withdrawal period, the consumer, the entrepreneur amount due proportion to that part of the commitment which is fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
- The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or quantity, or the supply of district heating, provided that:
- The entrepreneur consumer statutory notice of the withdrawal right, the expenses in case of withdrawal or the standard form for
revocation has not been provided, or;
- The consumer does not explicitly the beginning of the implementation of the service or supply of gas, water, electricity or district heating during
cooling-off period requested.
- The consumer shall bear no cost for the total or partial delivery of digital content not supplied on a tangible medium where:
- Before he has expressly consented to its delivery to the beginning of the fulfillment of the contract before the end of the
- He has not acknowledged that he loses his right of withdrawal when giving his consent; whether
- The operator has failed to confirm this consumer statement.
- If the consumer exercises his right of withdrawal, canceled all additional agreements of law.
Article 9 - Obligations of the trader in case of withdrawal
- If the entrepreneur notification of withdrawal by the consumer electronically allows, it sends an acknowledgment immediately upon receipt of this notification.
- The trader shall reimburse all payments the consumer, including any delivery costs incurred by the operator will be charged for returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product itself, he may wait to return until he has received the product or the consumer demonstrates that he has returned the product, whichever is the earlier.
- The entrepreneur uses the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The repayment is free of charge for consumers.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
Article 10 - Exclusion of withdrawal right
The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur clearly in the offer, at least in time for the conclusion of the contract refers.
Article 11 - No online sales
The products of Pluk Amsterdam can only be sold in physical stores, the pluk products can not be sold in online stores.