General Terms and Conditions
General conditions wall decoration
Postergirls collaborates with Werk aan de muur/Art heroes.
This means that all designs you order from Postergirls are printed and delivered by Werk aan de muur/Art heroes.
This makes all the rules of Werk aan de muur/Art heroes and thus the general terms and conditions apply.
For all info on the terms and conditions for customers click
HERE
General terms and conditions tiles
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 renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and 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, 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 possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill out when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: 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;
Technology for distance communication: means that can be used for the conclusion of 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.
Product: printed tiles with or without hanging system.
Article 2 – Identity of the entrepreneur
Name owners: Monique and Eddy Batenburg
Company name: Postergirls and The ME academy
Address: Hilvoordestraat 225, 2284 BR Rijswijk ZH
Phone number: 06-23198606, reachable on working days from 10.00 to 15.00 hours
E-mail address: info@postergirls.nl
Chamber of Commerce number: 81576455
Btw-identificatienummer: NL003578686B70
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him/her.
5. If one or more provisions in these general conditions at any time are wholly or partially invalid or annulled, the agreement and these conditions will otherwise remain in force and the provision in question will immediately be replaced in mutual consultation by a provision that approaches the scope of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted “in the spirit” of these terms and conditions.
8. A customer is and remains at all times responsible for his/her own estimation which suspension system to use. If the customer uses a different hanging system outside of our advice, we are not responsible for the consequences and damage that may result.
Article 4 – The offer
1. If an offer has a limited validity period or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. 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 reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the
special:
*the price including taxes;
*The manner in which the agreement will be established and what actions are required for this purpose;
*The applicability or otherwise of the 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;
*the amount of the remote communication tariff if the cost of using the remote communication technique is calculated on a basis other than the regular base rate for the means of communication used;
*Whether the contract is archived after its conclusion, and if so in what way it can be consulted by the consumer;
*The way in which the consumer, before the conclusion of the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
*the other languages, if any, in which the agreement may be concluded in addition to Dutch;
*the codes of conduct to which the trader is subject 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 an enduring transaction.
Article 5 – The agreement
1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of 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 contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can fulfill his 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 reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. 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 way on a durable medium:
a. The postal address and e-mail address of the establishment of the entrepreneur to which the consumer can address complaints;
b. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer prior to 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 of indefinite duration.
*In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery.
*Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the opportunity to dissolve the contract without giving reasons for 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and its intellectual content with care. He will only use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, the consumer sends the product back in the original packaging whereby the return costs to be incurred are for the consumer.
3. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form or by e-mail.
4. If, at the end of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his intention to make use of his right of withdrawal, the purchase is a fact.
When providing services:
1. When providing services, the consumer has the opportunity to dissolve the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.
2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest at delivery.
Article 7 – Costs in case of withdrawal
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. Refunds will be made via the same payment method used by the consumer unless the consumer expressly authorizes another payment method.
Article 8 – Exclusion of right of withdrawal
1. The entrepreneur may 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, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature.
Exclusion of the right of withdrawal is only possible for services:
a. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
Article 9 – The price
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may 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 link to fluctuations and the fact that any prices mentioned are target prices are mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the power to terminate the contract from the day on which the price increase takes effect.
*Prices mentioned in the offer of products or services include VAT.
*All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Compliance and Warranty
1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
3. Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 2 months after delivery.
4. Guarantee: 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.
5. The warranty does not apply if:
*The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
*The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or handled contrary to the instructions of the entrepreneur;
*The warranty, or claim for a new free product, does not apply in case of any color difference between screen (mobile, tablet or pc/laptop) and the final printed product.
Due to light and screen, device, brand of your device, there may be a possible color difference between product and image from the webshop.
Article 11 – Delivery and execution
1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
2. The place of delivery shall be the address which the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after the order was placed. In this case, the consumer has the right to terminate the contract without charge. The consumer is not entitled to compensation.
4. All delivery dates are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a deadline does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
Article 12 – Duration transactions: duration, termination and renewal
Notice
1. The consumer may contract for an indefinite period and that extends to the regular delivery of products or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
*cancel at any time and not be limited to cancellation at a particular time or in a particular period;
*at least terminate in the same manner as they were entered into by him;
*always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
*A contract entered into for a definite period of time and which aims at the regular delivery of products or services may not be tacitly extended or renewed for a definite period of time.
*A contract for a definite period, which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months in case the contract is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
*An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
*If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.
Article 13 – Payment
1. Insofar as not otherwise agreed upon, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In the case of a contract to provide a service, this period shall begin after the consumer receives confirmation of the contract.
2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
3. In case of non-payment on the part of 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
1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute resolution procedure.
5. In case of complaints, a consumer should first of all turn to the entrepreneur. It is also possible to register complaints via the European ODR platform(http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
Article 15 – Disputes
1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention shall not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
