Terms of service

TERMS AND CONDITIONS


ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

Reflection period: the period during which the consumer can exercise his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business, who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

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

Right of withdrawal: The consumer's option to waive the distance sales agreement within the withdrawal period;

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

Distance sales agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Communication technique: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.

General terms and conditions: the present general terms and conditions of the entrepreneur.

ARTICLE 2 - ENTREPRENEUR'S IDENTITY

Contact details:

Business Address:

Mall-lane by Jensyr

Monseigneur W.M. Bekkerslaan 116, 3141SN, Maassluis, Netherlands

Trade number: 87387336

Business hours:
Monday - Friday
9:00am-7:00pm AEST


ARTICLE 3 - APPLICABILITY

If the distance sales agreement is concluded electronically, the text of these general terms and conditions, regardless of the preceding paragraph and before the distance sales agreement is concluded, can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance sales agreement is concluded where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer can always rely on the provision that is most favorable to him.

If one or more provisions in these general terms and conditions are wholly or partially invalid or annulled at any time, the agreement and these conditions remain in force for the rest, and the relevant provision is replaced by mutual agreement without delay by a provision that approaches the scope of the original as much as possible.

Situations not covered by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these terms and conditions.

ARTICLE 4 - THE OFFER

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

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

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer as possible. If the entrepreneur uses images, these are a true representation of the offered products and/or services. 

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly correspond to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:

the price,

any shipping costs;

The way in which the agreement will be established and what actions are required for this purpose;

Whether the right of withdrawal applies or not;

the method of payment, delivery, and fulfillment of the agreement;

the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;

the amount of the rate of remote communication, if the costs of using the communication technique are calculated on a basis other than the normal basic rate for the communication medium used;

Whether the agreement is archived after its conclusion, and if so, in what way the consumer can access it;

the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data he has provided under the agreement;

any other languages in which the agreement can be concluded in addition to English;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance agreement in the event of a continuous transaction. Optional: available sizes, colors, material type.


ARTICLE 5 - THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - inquire 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 agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request supported by reasons, or to attach special conditions to the execution.

ARTICLE 6 - RIGHT OF WITHDRAWAL

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 30 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.

During the reflection period, the consumer will handle the product and 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 accessories supplied 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.

If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur of this within 30 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

If, after the cooling-off period has expired, the consumer has not indicated 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.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer makes use of his right of withdrawal, the costs of return will be at his responsibility.

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. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided.

Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives his consent to another payment method.

ARTICLE 8 - THE PRICE

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

ARTICLE 9 - CONFORMITY AND GUARANTEE

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 existing on the date of the conclusion of the agreement and/or government regulations.

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

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.

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

The warranty does not apply if:

the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;

the delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

the inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

ARTICLE 10 - DELIVERY AND PERFORMANCE

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

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

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be reported in a clear and understandable manner, at the latest upon delivery, that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

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

Please see our Shipping Policy for more details.

ARTICLE 11 - PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid no later than 7 working days after the start of the cooling-off period. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

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

In the event of non-payment by the consumer, subject to legal restrictions, the entrepreneur is entitled to charge the reasonable costs incurred by the consumer in advance.

Please see our Payment Policy for more details.

Contact details:

Business Address:

Mall-lane by Jensyr

Monseigneur W.M. Bekkerslaan 116, 3141SN, Maassluis, Netherlands

Trade number: 87387336

Business hours:
Monday - Friday
9:00am-7:00pm AEST