General terms and Conditions

 

1. Definitions

In these terms and conditions:
 

1. Reflection period: the period within which the Customer can make use of his right of withdrawal;

2. Customer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with OrigiNeeltje;

3. Day: calendar day;

4. Right of withdrawal: the option for the Customer to waive the distance contract within the cooling-off period;

5. Original: the one-man business Originaltje, registered in the Trade Register under number 17259407; 

6. Distance Agreement: an agreement whereby, within the framework of a system organized by Originaltje for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication.

 

2. Identity of OrigiNeeltje
Neeltje Vervoort, trading under the name(s): OrigiNeeltje

Business & postal address:

Boskantseweg 12

5492 BW Sint-Oedenrode

Phone number: 06-19862650

E-mail address: info@origineeltje.nl

Chamber of Commerce number:. 17259407

VAT identification number: NL001738603B07

 

3.Applicability

1. These general terms and conditions apply to every offer from Originaltje and to every distance agreement concluded between Originaltje and the Customer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Originaltje and that they will be sent free of charge as soon as possible at the request of the Customer.

3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the Customer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.

4. Additions to or deviations from these general terms and conditions only apply if they have been expressly accepted in writing by Originaltje. The other provisions of these general terms and conditions remain in full force in that situation.

 

4.The offer

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

2. 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 Customer. If Originaltje uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Originaltje.

3. Each offer contains such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer.

 

5. The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the Customer of the offer and compliance with the corresponding conditions.

2. If the Customer has accepted the offer electronically, Originaltje will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Originaltje, the Customer can dissolve the agreement.

3. If the agreement is concluded electronically, Originaltje will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the Customer can pay electronically, Originaltje will observe appropriate security measures.

4. Originaltje can - within legal frameworks - inform itself whether the Customer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Originaltje has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

5. OrigiNeeltje will send the following information to the Customer with the product or service, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:

   1. the visiting address of the Originaltje branch where the Customer can go with complaints;

   2. the conditions under which and the manner in which the Customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

   3. the information about warranties and existing after-sales service;

   4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract.

6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

 

6. Right of withdrawal

Upon delivery of products:

1. When purchasing products, the Customer has the option of dissolving the agreement without giving reasons during 14 days (with the exception of in any case the products, as described in Article 8 of these general terms and conditions). 

2. This cooling-off period starts on the day after receipt of the product by the Customer or a representative designated in advance by the Customer and made known to Originaltje.

3. During the cooling-off period, the Customer will handle the product and the 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 makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Originaltje, in accordance with the reasonable and clear instructions provided by Originaltje.

 

When providing services:

1. the Customer has the option of dissolving the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement (with the exception of in any case the products, as described in Article 8 of these general terms and conditions).

2. To make use of his right of withdrawal, the Customer will follow the reasonable and clear instructions provided by Originaltje with the offer and/or at the latest upon delivery.

 

7. Costs in case of withdrawal

1. If the Customer makes use of his right of withdrawal, the costs of return will be borne at most.

2. If the Customer has paid an amount, Originaltje will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

 

8.Exclusion right of withdrawal

1. Originaltje can exclude the Customer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Originaltje has clearly stated this in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

   1. which have been created by Originaltje in accordance with the Customer's specifications;

   2. that are clearly personal in nature;

   3. which by their nature cannot be returned.

3. Exclusion of the right of withdrawal is only possible for services for which the delivery has started with the explicit consent of the Customer before the cooling-off period has expired. 

 

9. The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

2. Contrary to the previous paragraph, Originaltje can offer products or services whose prices are subject to fluctuations in the financial market and on which Originaltje has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if Originaltje has stipulated this and:

   1. they are the result of legal regulations or provisions; or

   2. the Customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

 

10. Conformity and Warranty

1. Originaltje 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 provisions existing on the date of the conclusion of the agreement. or government regulations. If agreed, Originaltje also guarantees that the product is suitable for other than normal use.

2. A warranty provided by Originaltje, manufacturer or importer does not affect the legal rights and claims that the Customer can assert against Originaltje under the agreement.

3. The customer declares to be familiar with the production process for the manufacture of the product and is independently responsible for the adequate and correct quality of the required documents, including the image and/or photo to be used

 

11.Delivery and Performance

1. Originaltje will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

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

3. With due observance of what is stated in article 4 of these general terms and conditions, Originaltje will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Customer will be notified of this no later than 30 days after he has placed the order. In that case, the Customer has the right to dissolve the agreement without costs and is entitled to any compensation.

4. In the event of dissolution in accordance with the previous paragraph, Originaltje will refund the amount paid by the Customer as soon as possible, but no later than 30 days after dissolution.

5. If delivery of an ordered product proves to be impossible, the Original will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of Originaltje.

6. The risk of damage and/or loss of products rests with Originaltje until the moment of delivery to the Customer or a pre-designated representative made known to Originaltje, unless expressly agreed otherwise.

 

12. Duration transactions: duration, cancellation and renewal
 

Cancellation

1. The Customer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

2. The Customer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.

3. The Customer may enter into the agreements referred to in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a specific time or in a specific period;

• at least cancel in the same way as they have been entered into by him;

• always cancel with the same notice period as the Original has stipulated for itself.
   

Extension

4. An agreement that has been entered into for a definite period and that extends to the regular delivery of services may not be tacitly extended or renewed for a fixed term.

5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the Customer extends this can terminate the agreement by the end of the extension with a notice period of no more than one month.

6. An agreement that has been entered into for a definite period and that extends to the regular delivery of services may only be tacitly extended for an indefinite period if the Customer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. Agreements with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) are not tacitly continued and end automatically at the end of the trial or introductory period.

Expensive

8. If an agreement has a duration of more than one year, the Customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term. to postpone.

 

13. Payment

1. Unless otherwise agreed, the amounts owed by the Customer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after concluding the agreement. 

2. Original offers the possibility to pay in advance through iDeal. The Customer must pay at least 50% of the amount due in advance. If advance payment has been stipulated or the consumer agrees to full payment in advance, the Customer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

3. The Customer is obliged to immediately report any inaccuracies in payment details provided or stated to Originaltje.

4. If the Customer does not meet its payment obligation in time, Originaltje has the right, subject to legal restrictions, after Originaltje has pointed out the late payment and Originaltje has granted the Customer a period of 14 days to still meet its payment obligations, after to charge the statutory interest and the extrajudicial collection costs if payment is not made within this 14-day period.

 

14. Liability

1. Originaltje is not liable for damage of any nature whatsoever and which arises because Originaltje relies on incorrect information provided by the Customer, unless Originaltje was aware of the incorrectness of this information.

2. Originaltje is not liable for damage of any kind that arises because the products are used improperly after delivery.

3. Originaltje is not liable for damage of any nature whatsoever that arises from the use of the product by the Customer, unless this damage is due to intent or gross negligence on the part of Originaltje.

4. If Originaltje is liable for damage suffered by the Customer as a result of a shortcoming in the implementation of this agreement, Originaltje's liability will be limited to a maximum of the amount of the purchase price.

 

15. Intellectual Property

1. The content of the Originaltje website may only be used for non-commercial private purposes. The user is not permitted to reproduce, forward, distribute or make the content of the site available to third parties for a fee, without the prior written permission of Originaltje.

2. In the event that the Buyer publishes and/or reproduces an image, of which the copyrights belong to Originaltje, without the permission of Originaltje, the Buyer is obliged to pay an immediately due and payable contractual penalty of 300% of the original sales price. Originaltje reserves the right to also claim full compensation in proceedings.

3. The intellectual property rights with regard to the data displayed on the website of The Originaltje and the goods delivered by The Original, including texts, photos, illustrations, graphic material, (trade) names, word and figurative marks, belong to the Original. The intellectual property rights accruing to Originaltje are in no way transferred to persons who access and/or use the website of Originaltje.

 

16. Complaints procedure

1. Complaints about the implementation of the agreement must be submitted to Originaltje within a reasonable time, fully and clearly described, after the Customer has discovered the defects.

2. Complaints submitted to Originaltje will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Originaltje will respond within the period of 14 days with a notice of receipt and an indication when the Customer can expect a more detailed answer. 

 

17. Disputes

Dutch law applies exclusively to all possible disputes arising from and/or relating to these general terms and conditions. All possible disputes will be submitted exclusively to the competent court of the Court of Oost-Brabant, location 's-Hertogenbosch, unless Originaltje chooses to bring a case before the competent court of the place of residence of the Customer or another court in accordance with the law. competent court.