Terms and conditions

General Terms and Conditions - neutral version

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 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 extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or differing provisions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
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;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows for future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusively one or more techniques for distance communication are used;
Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same room.

Article 2 - Identity of the entrepreneur
De Streng B.V. Wholesaler in Fashion Haberdashery

Fourniturenweb.nl
Jarmuiden 71
1046 AE Amsterdam

Phone number: 020-4487229
Email address: info@fourniturenweb.nl
Chamber of Commerce number: 33260270
VAT identification number: NL807029221B01

If the entrepreneur's activity is subject to a relevant licensing system: the
data about the supervisory authority:

If the entrepreneur practices a regulated profession:
the professional association or organization to which they belong;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.

Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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 to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 data carrier. 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 electronically or otherwise upon request from the consumer.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

Article 4 - The offer
If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.
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 do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This particularly concerns:
the price including taxes;
any delivery costs;
the manner 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 period for accepting the offer, or the period 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 will be archived after conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify it;
any other languages in which, in addition to Dutch, 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
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off 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.
During the cooling-off period, the consumer will handle the product and its 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 exercises his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services:
When providing services, the consumer has the option to dissolve the agreement without stating reasons for at least fourteen days, starting on the day of entering into the agreement.
To exercise 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
If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by them.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for 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.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.

Article 9 - The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, unless there are price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness 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.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Article 11 - Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be 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 and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly 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 for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension
Termination
1. The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of a maximum of one month.
2. The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of a maximum of one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by him;
- always with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of a maximum of one month.
6. An agreement entered into for a definite period and which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of a maximum of one month and a notice period of a maximum of three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of a maximum of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur in a timely manner, fully and clearly described, after the consumer has discovered the defects.
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 an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 16 - Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions must 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.