General Terms and Conditions
Article 1 – Definitions
Article 2 Table of Contents: – The Entrepreneur’s identity
Article 3 – Applicability
Article 4 – The offer 1
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal 1
ARTICLE 8 – Exclusion of right of withdrawal 1
ARTICLE 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Implementation
Article 12 – Duration Transactions: duration, termination and renewal Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or varying provisions
Article 1 – Definitions In these conditions:
cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur;
Day: calendar day;
duration transaction: a distance contract concerning a series of products and/or services, of which the delivery and/or purchasing obligation is spread over time;
term data carrier: any means that allow the consumer or operator to provide information that is addressed to him in person, storing it in a way that allows for future consultation and unaltered reproduction of the stored information possible. Right of withdrawal: the ability for consumers within the cooling-off period of the contract, the
model form: the model form for withdrawal that the entrepreneur puts at your disposal a consumer can be completed, if he wants to use his right of withdrawal. Entrepreneur: the natural or legal person who, products and/or services to consumers from a distance;
distance contract: an agreement whereby in 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 of one or more means of distance communication;
Technique for distance communication: medium that can be used for concluding an agreement without the consumer and trader in the same space.
General Terms and Conditions: these terms and conditions of the entrepreneur.
Article 2 – The Entrepreneur’s identity
Company: Kastriot clothing
Address: Schoenerweg 1B
Postal code 8042 PJ
Living City Zwolle
Telephone Number 0629918773
Accessibility Working days from 09:00 till 17:00 E-mail address Kastriotclothing@gmail.com chamber of commerce number: 64568830
VAT identification number: NL212 42812 3B03 Article 3 – Applicability
These general terms and conditions apply to any offer from the entrepreneur and any agreement reached at a distance and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions available to the consumer. If this is not reasonably possible, before the distance contract, indicate that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge.
If the distance contract is electronically closed, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before concluding the distance contract, will indicate where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions at any time, in whole or in part, be null and void or declared null and void, the agreement and these terms and conditions in force and the provision by mutual agreement shall, without delay, be replaced by a provision that the purpose of the original as much as possible. Situations which are not in these general terms and conditions are governed, should be assessed ‘in the spirit’ of these general terms and conditions.
Lack of clarity about the interpretation or content of one or more provisions of our terms and conditions, must be interpreted as meaning to be ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer is a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
The offer is without obligation. The entrepreneur is entitled to modify and adapt the offer.
2. The offer contains a complete and accurate description of the products and/or services. The description is sufficiently detailed to make a proper assessment of the offer by the consumer as possible. If the Entrepreneur makes use of images, these will be a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding for the entrepreneur.
All images, specifications data in the offer are indicative and may not lead to damages or rescission of the contract.
Pictures of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly with the true colors of the products.
Each offer contains such information that the consumer is clear what the rights and obligations, to the acceptance of the offer are attached. This concerns in particular: the price including taxes;
any costs of delivery;
the way in which the agreement will become and what actions are required;
whether or not the right of withdrawal;
the method of payment, delivery and execution of the agreement;
the time limit for acceptance of the offer, or the period within which the entrepreneur the price guarantees;
the height of the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate for the means of communication used;
or the agreement after the conclusion is archived, and if so in what way this for the consumer To consult;
the way in which the consumer is, for the conclusion of the agreement, the information provided by him in the framework of the agreement can check and repair if required;
any other languages in which, in addition to Dutch, the contract can be concluded; the codes of conduct to which the Entrepreneur has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means, and the minimum duration of the distance contract in the event of a transaction.
Article 5 – The agreement
The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.
If the agreement is created electronically, the trader will take appropriate technical and organizational security measures for the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The entrepreneur can – within the law – to inform consumers of its payment obligations, as well as of all those facts and factors that are important for the responsible conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to refuse an order or request or special conditions to the implementation.
The entrepreneur will with the product or service to the consumer the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, most Hours:
The visiting address of the place of business of the operator to which the consumer may address any complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear message on the excluded from the right of withdrawal;
the information on guarantees and existing service after purchase;
in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
the requirements for termination of The contract if the contract has a duration of more than one year or for an indefinite period of time.
In the event of a transaction, the stipulation in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of adequate availability of the products.
Article 6 – Right of withdrawal
upon delivery of products: 1.
When purchasing products, the consumer has the option to repudiate the contract without specifying any reasons for a period of 14 days. This period commences on the day following receipt of the product by the consumer or a pre-designated by the consumer and the trader published representative.
During this period the consumer will treat the product and packaging. He will be the product only to unpack or use the product to the extent necessary to judge whether or not he or she wishes to keep the product. If he exercises his right of withdrawal, he will be the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to information provided by the operator reasonable and clear instructions.
If the consumer wishes to make use of his right of withdrawal, he shall be obliged, within 14 days after receipt of the product, known to the entrepreneur. The opportunity to do the consumer by means of the model form. After the consumer has
made known to make use of his right of withdrawal, the customer shall return the product within 14 days. The consumer must prove that the goods are returned in a timely manner, for example by means of a proof of dispatch.
If the customer after the expiry of the periods referred to in paragraph 2 and 3 not to make use of his right of withdrawal or the product is not returned to the trader, the sale is a fact.
In the case of the supply of services:
In the case of the supply of services, the consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days, starting on the day of entering into the Agreement.
To use his right of withdrawal, the consumer by the entrepreneur in this context during the offer and/or at the latest at the time of delivery, the reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, will not exceed the cost of returning the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but not later than 14 days after the withdrawal. This is the condition that the product has already received by the webshop or conclusive evidence of complete return will be.
Article 8 – Exclusion of the right of withdrawal,
the Entrepreneur can exclude the right of revocation of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal shall apply only if the Entrepreneur has submitted clearly in the offer, at least in time for the conclusion of the agreement, stated.
Exclusion of the right of withdrawal is only possible for products:
which have been set up by the trader in accordance with the consumer’s specifications;
which are clearly of a personal nature;
that cannot be returned due to their nature;
which are liable to deteriorate or expire rapidly,
the price of which is dependent on fluctuations in the financial market where the trader has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
the supply with the express consent of the consumer, before the waiting period has expired;
on betting and lotteries.
Article 9 – The price
During the period of validity indicated in the offer, the prices of the products and/or services have not increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the operator has no control, with variable prices. These fluctuations and the fact that any price targets, are on the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader stipulated as much and:
they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The supply of products or services mentioned prices include VAT.
All prices are subject to pressure and typographical errors. For the impact of printing and typographical no liability accepted. In the event of a pressure – and the entrepreneur is not obliged to deliver the product in accordance with the incorrect price.
Article 10 – Conformity and Guarantee
The trader guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, the reasonable requirements of reliability and/or usefulness and the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other use than the normal use.
2. By the trader, manufacturer or importer warranty provided does not affect the legal rights and claims that consumers on the basis of the agreement, the employer may assert against the employer.
Any defective or incorrectly supplied products within 4 weeks after delivery to the entrepreneur to be notified in writing. The return of the products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur 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 opinions regarding the use or application of the products.
The warranty does not apply if:
the consumer the products itself has repaired and/or modified or repaired and/or edit by third parties;
the products are exposed to abnormal conditions or careless treatment or otherwise be contrary to the instructions of the entrepreneur and/or on the packaging processed;
The imperfections are entirely or partly a result of regulations which the government has or will be in relation to the nature or quality of the applied materials.
Article 11 – Delivery and Implementation
The entrepreneur will take the greatest possible care when receiving and
implementing 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.
Subject to what is stated in paragraph 4 of this article stated, the Company accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer period of delivery. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. In this case, the consumer has the right to terminate the contract without penalty. The consumer shall not be entitled to any compensation.
All delivery times are indicative. The consumer may not derive any rights to the said time limits. Exceeding of a term, the consumer is not entitled to compensation.
In the case of dissolution in accordance with the paragraph 3 of this Article, the operator the amount that consumers paid as soon as possible, but not later than 14 days after termination, repay.
If delivery of an ordered product turns out to be impossible, the trader will attempt to provide a replacement article. At the latest at the time of delivery will be a clear and comprehensible manner that a replacement item is delivered. With replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are to be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer and the entrepreneur or a pre-designated representative published, unless otherwise expressly agreed.
Article 12 – Duration Transactions: duration, termination and renewal Notice
The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
The consumer may contract for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the certain duration denounce the applicable termination rules and a notice of up to one month.
Consumers can the agreements mentioned in the preceding paragraphs:
cancel at any time and not be limited to termination at a particular time or in a given period;
at least cancel the same way as they are entered into by the consumer;
cancel at the same notice as the company has negotiated for itself.
a contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be extended or renewed for a fixed period. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of trial days, news and weekly newspapers and magazines tacitly renewed for a limited period of up to three months, if extended, the consumer can terminate at the end of the extension with a notice of up to one month. A contract for a definite period, which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may
cancel at any time with a notice of up to one month and a notice of up to three months in the case the agreement extends to the regular, but less than once a month, delivery of trial days, news and weekly newspapers and magazines.
An agreement with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is terminated automatically and not tacitly continued after the trial or introductory period. Expensive
As a contract has a duration of more than one year, the consumer after a year the agreement at all times with a period of notice of not more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts to be paid by the consumer are to be settled within 7 working days after the beginning of the period referred to in Article 6 paragraph 1. In the case of a contract to provide a service, captures this period after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of default by the consumer, the operator subject to statutory limitations, the right to advance to the consumer reasonable costs to charge.
Article 14 – Complaints 1.
The entrepreneur has a well-publicized complaints procedure and will treat any complaint under this complaints procedure.
Complaints about the performance of the contract must be done within 7 days to be fully and clearly described and submitted to the entrepreneur after the consumer has discovered the defects.
Complaints submitted to the trader will be provided within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 14 days responded with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.
In the event of complaints, a consumer is, first of all, to refer the matter to the entrepreneur. In the event of complaints that can be solved by mutual agreement, the consumer to apply to Stichting Webshop (online store-label.nl), this will be free of charge. If there is not yet a solution, the consumer has the option to his complaint to be dealt with by the independent disputes committee appointed by the Stichting Webshop label, the ruling is binding and agrees with this Decision shall be binding on both entrepreneurs as a consumer. To submitting a dispute has been referred to the disputes committee to charge by the consumer pays should be on the Commission. It is also possible to register complaints via the European ODR platform (HTTP:// ec.europa.eu/odr).
A complaint does not suspend the obligations of the employer unless the Entrepreneur indicates otherwise in writing.
If a complaint is considered well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the products delivered or free of charge.
Article 15 – Disputes
on agreements between the entrepreneur and the consumer, to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer is resident abroad.
The International Sale of Goods (CISG) shall not apply.
Article 16 – Additional or different terms
Additional or different provisions of these terms should not disadvantage the consumer and should be recorded in writing, or in such a way that the consumer in an accessible manner can be stored on a durable medium.