WELCOME BY GOOSECRAFT
TERMS AND CONDITIONS
Algemene voorwaarden
Algemene voorwaarden LABEL FOR BRANDS B.V (GOOSECRAFT)
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 - Obligations of the entrepreneur in case of withdrawal
ARTICLE 9 - Exclusion of the right of withdrawal
ARTICLE 10 - The price
ARTICLE 11 - Conformity and Warranty
ARTICLE 12 - Delivery and execution
ARTICLE 13 - Duration transactions
ARTICLE 14 - Payment
ARTICLE 15 - Complaints procedure
ARTICLE 16 - Additional or different provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
- Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the contract exclusive or additional use is made of one or more techniques for distance communication;
- Technique for distance communication: a means that can be used for concluding a contract without the consumer and the entrepreneur being together in the same room at the same time;
- Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuous performance contract: a contract that aims to deliver goods, services, and/or digital content regularly over a certain period;
- Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information directed to them personally in a way that future consultation or use for a period that is aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
- Right of withdrawal: the ability of the consumer to withdraw from the distance contract within the cooling-off period;
Article 2 – Identity of the entrepreneur
LABEL FOR BRANDS B.V
Trading under the name: Goosecraft
Address: Van Leeuwenhoekweg 16B, 5482 TK Schijndel, The Netherlands
Email: info@goosecraft.com
KvK number: 94446911
VAT number: NL866780622B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in a way that allows the consumer to easily store it on a durable medium before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and the consumer can always rely on the most favorable provision in the event of conflicting conditions.
Article 4 – The offer
- If an offer has a limited validity period or is made subject to conditions, this will be expressly 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can, within the legal framework, inform whether the consumer can meet their 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, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
- At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- The address of the entrepreneur's business location where the consumer can go with complaints;
- 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;
- The information about guarantees and existing after-sales services;
- The price including all taxes of the product, service, or digital content; the delivery costs if applicable; and the method of payment, delivery, or execution of the distance contract;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
- When delivering products:
- During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for the reduction in value of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 2.
- If the consumer exercises his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he will bear no more than the costs of returning the product.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made using the same payment method that the consumer used unless the consumer agrees to a different method.
Article 8 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receiving this notification.
- The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursing until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 9 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract:
Article 10 – The price
- During the validity period mentioned 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.
- The prices mentioned in the offer of products or services include VAT.
Article 11 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract.
- Any additional warranty provided by the entrepreneur, manufacturer, or importer does not limit the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the contract.
Article 12 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products 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 expeditiously but at least within 30 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without cost.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid without delay.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
Article 13 – Duration transactions
- The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- A fixed-term contract has a maximum duration of two years. If it has been agreed that the distance contract will be extended by tacit consent, the contract will be continued as an indefinite contract, and the notice period after continuation of the contract will be a maximum of one month.
Article 14 – Payment
- Unless otherwise provided in the contract or additional terms, the amounts owed by the consumer 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 the conclusion of the contract. In the case of a contract to provide a service, this period commences on the day after the consumer has received confirmation of the contract.
- When selling products to consumers, the general terms and conditions must never obligate the consumer to pay more than 50% in advance. When prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated prepayment has been made.
Article 15 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
- The entrepreneur will respond to complaints submitted to him within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 16 – Additional or different provisions
- Additional or deviating provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
These are the general terms and conditions of LABEL FOR BRANDS B.V., trading under the name Goosecraft. For further information or questions, you can contact us via info@goosecraft.com.