Terms & Conditions
General Terms and Conditions 2nd Culture V.o.F.
Index:
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 - Obligations of the consumer during the reflection period Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Fulfillment of the agreement and additional guarantee
Article 13 - Delivery and implementation
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Actions
Article 1 - Definitions
In these conditions the following terms have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data that is produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
10. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
11. Technology for distance communication: means that it can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 - Identity of the entrepreneur
Name entrepreneur: 2nd Culture V.o.F.
Acting under the name (s): - 2nd Culture
Business address: Rosmarijnsteeg 6a, 1012 RP, Amsterdam, the Netherlands
Accessibility: Monday to Saturday from 12 a.m. to 7 p.m.
Email address: info@2ndculture.nl
Chamber of Commerce number: 74363778
VAT number: NL859869179B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.
2. 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding 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 it is possible to be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. 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 in the event of conflicting conditions the consumer can always invoke the applicable provision that is most appropriate to him. is beneficial.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. 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.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions. 2. If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself 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 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, stating reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. the visiting address of the establishment of the entrepreneur where the consumer can go with 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. information about guarantees and existing after-sales service; d. the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite; f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal With products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s). 2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; c. for contracts for a regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 - Obligations of the consumer during the reflection period
1. 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 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 should in a shop.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
4. The consumer should abide by the detailed information stated on the website concerning the return of a product. The entrepreneur accepts no exceptions on this matter.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the entrepreneur. The consumer has, in any case, observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur reimburses all payments from the consumer, excluding all delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer reports the withdrawal.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. The consumer is responsible for the returned products, also during the time that the product is in the possession of the carrier. The consumer must keep the track & trace at all times until confirmation of receipt.
Article 10 - Exclusion of the right of withdrawal
1. Products ordered or manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
2. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
3. Newspapers, magazines or books.
Article 11 - 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. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Article 12 - Fulfillment of the agreement and additional guarantee
1. 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 statutory requirements existing on the date of the conclusion of the agreement. provisions and / or government regulations.
Article 13 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 14 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid. 5. The entrepreneur is not responsible for any delays of the chosen carrier or the inability of the carrier to deliver the goods to the address made known by the consumer.
Article 14 - Complaints procedure
1. The entrepreneur handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. 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 reply within a period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must, in any case, give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.
Article 15 - Disputes
1. Disputes between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 - Actions
When a free item or gift is included and the ordered item is returned by the consumer, the free item should also be returned and is considered by the entrepreneur as part of the order.