General Terms and Conditions
Below you will find general terms and conditions that you can use for your webshop. Please note: no rights can be derived from these general terms and conditions. Consult a lawyer if you have any doubts about their content.
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Article 2 – Identity of the entrepreneur
[Bol & Koeiman]
[De ganskuijl]
[27A]
[3817 EV]
[Amersfoort]
Email address: [info@imperialensemble.com]
Chamber of Commerce number: [93840241]
VAT number: [NL866545712B01]
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, then, contrary to 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically before the distance contract is concluded and that they will be sent free of charge electronically or otherwise at the consumer's request.
In cases where specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in effect, and the void provision will be replaced immediately in mutual consultation by a provision that closely approximates the purpose of the original provision.
Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be
expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change
to change and adapt the offer. The offer contains a complete and accurate description
of the products and/or services offered. The description is sufficiently detailed to
good assessment of the offer by the consumer possible. If the entrepreneur
uses images are a true reflection of the products and / or services offered.
products and / or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
entrepreneur. All images, speci7cations and data in the offer are indicative and may not
not be a reason for compensation or dissolution of the agreement. Images of
products are a true reflection of the products offered. Operator can
not guarantee that the colors shown correspond exactly to the real colors of the
products. Each offer contains such information that the consumer is clear what the rights and obligations
and obligations, which are attached to the acceptance of the offer.This concerns in particular
particular: the price including taxes; any shipping costs; the manner in which the
agreement will be established and what actions are necessary for that; whether or not the right of withdrawal
right of withdrawal; the method of payment, delivery and performance of the
agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price
entrepreneur guarantees the price; the level of the rate of 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 means of communication used; whether the
agreement after conclusion is archived, and if so in what way this for the
consumer to consult; the manner in which the consumer, before concluding the
agreement, the data provided by him in the context of the agreement can check and, if desired, repair
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 is
subject and the way the consumer can consult these codes of conduct electronically
consult; and the minimum duration of the distance contract in the event of an extended transaction.
Optional: available sizes, colors, type of materials.
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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. 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, stating reasons, or to attach special conditions to the execution.
The entrepreneur will include 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 business location 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. the information about guarantees and existing after-sales service; d. the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer receives the product 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 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. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur via written message/email. After the consumer has notified the entrepreneur of his intention to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by means of proof of shipment. If the customer has not notified the entrepreneur of his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products are borne by the consumer. 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 conditional upon the product being received back by the online retailer or upon conclusive evidence of complete return shipment being provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. that have been made to the consumer's specifications by the entrepreneur; b. that are clearly of a personal nature; c. that cannot be returned due to their nature; d. that can quickly perish or age; 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 that the consumer has unsealed; h. for hygienic products that the consumer has unsealed.
Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period; b. for which the delivery has started with the express consent of the consumer before the cooling-off period has expired; c. relating to 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, except for price changes due to changes in VAT rates. In deviation from the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any prices mentioned are indicative prices will be stated 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. they are the result of legal regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with 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 use other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their 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:
Article 11 – Delivery and Execution
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 provided to the company. In accordance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly and in any event within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation for damages. In the event of termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute item. It will be clearly and comprehensibly communicated at the latest upon delivery that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or to a previously designated and notified representative of the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination, and extension
Termination The consumer can terminate an agreement entered into for an indefinite period and which concerns the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month. An agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services can be terminated by the consumer at any time before the end of the specified duration, observing the agreed termination rules and a notice period of up to one month. The consumer can terminate the agreements mentioned in the preceding paragraphs at any time and cannot be restricted to termination at a specific time or during a specific period; the termination must be done in the same manner as the agreement was entered into; the notice period must always be equal to the notice period agreed upon by the entrepreneur.
Extension An agreement entered into for a definite period and which concerns the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified duration. However, a subscription to daily, news, and weekly newspapers and magazines that is entered into for a definite period may be tacitly extended for a maximum duration of three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month. An agreement entered into for a definite period and which concerns the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the agreement concerns the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular introduction to daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end after the trial or introductory period.
Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless fairness and equity 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 7 working 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. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously notified to the consumer.
Article 14 – Complaints Procedure Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days 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 foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
