General Conditions 9straatjesonline website
Article 1 – Definitions
In these conditions the following is meant by:
- Shop: The natural or legal body whom is offering products and/or services to consumers from a distance;
- 9straatjesonline: The company 9straatjesonline that as agent/broker for the account and risk of the Shop enters into the Sales agreement with the Consumer.
- Consumer: The natural body that has the ability to do business and make decisions and who is not dealing in the execution of profession or company and who, from a distance, is engaging in an agreement with the Shop;
- Sales agreement: A sales agreement by which, with regards to a by the Shop and 9straatjesonline organized system for sales of products and/or services from a distance, until the signing of the agreement between the Shop and the Consumer, it is only possible to use one or more technologies for communication from a distance;
- Technologies for communication from a distance: A device that can be used to enter into an agreement, without the requirement of the Consumer and Shop to be in the same room at the same time;
- Dispatch confirmation: The statement from 9straatjesonline to the Consumer that the Agreement between the Shop and the Consumer is established, this statement will be published by dispatching an invoice;
- Day: Calendar day;
Article 2 – Identity of 9straatjesonline
9Straatjesonline with domicile at: Keizersgracht 237, 1016 EA Amsterdam Telephone: +31 (0)20-260 00 14 (Mon till Fri from 9:00 till 17:00) E-mail address: firstname.lastname@example.org.
Chamber of Commerce no.: 51643820, VAT-identification number: NL167023032B01
Article 3 – Applicability
These general conditions apply to the use of this website, every offer from the Shop and to every Sales agreement established between the Shop and the Consumer.
Article 4 – Use of this website
These conditions apply to the use of this website, every offer and every Sales agreement. Unless specifically stated otherwise, the application of any other general conditions are excluded.
Article 5 – How to establish a Sales agreement
The information presented in the general conditions and the information on this website do not form a sales offer, but they are an invitation to negotiate.
To place an order, the Consumer needs to follow the online shopping process and press the button "Place order" to send the order. Hereafter the Consumer will receive a confirmation email from 9straatjesonline (the "Order confirmation"). This does not mean that the order is accepted, because the order is an offer from the Consumer to 9straatjesonline to buy one or more products from the Shop. All orders are subject to acceptance by de Shop. 9straatjesonline confirms such an acceptance to the Consumer by sending an email with a Dispatch confirmation in which it is confirmed that the product has been dispatched. Only then is the Sales agreement established in which the Shop sells products to the Consumer and the Consumer buys the products from the Shop by paying the purchase price. The Sales agreement refers only to those products of which the dispatch has been confirmed in the Dispatch confirmation. The Shop nor 9straatjesonline are not bound to supply any other products that are possibly part of your order, until the dispatch of such products has been confirmed in a separate Dispatch confirmation.
If the Shop does not accept the offer and money has already been transferred from the bank account, there will be no Sales agreement and the money will be completely refunded.
Delivery of the products is executed by dispatching the products to the Consumer or by a drop off on a place and time determined by 9straatjesonline.
Article 6 – Availability of the service
The Shop and 9straatjesonline are striving to deliver the products purchased through the website worldwide. However they reserve the right to decline or postpone the delivery to certain countries or regions.
Article 7 – Availability of products
All orders are subject to the availability of the products and in regards to this Shop and 9straatjesoline will reserve the right to inform the Consumer and return money that might have been paid in their account in case of delivery problems or when the product is not in stock.
Article 8 – Rejection of an order by Shop and 9straatjesonline
The Shop and 9straatjesonline reserve the right to remove any and all products from the website and/or remove or alter the content of this website at any time. Although we strive to always process all orders, it is possible that exceptional situations occur which result in a rejection of the order after the Consumer has received his Order confirmation. The Shop and 9straatjesonline reserve at all times the right to deal with it at their own discretion. The Shop and 9straatjesonline are not liable toward the Consumer or any other third party for the fact that a product is removed from the website, regardless of it being sold or not, nor for the removal or changing of materials or content of this website.
Article 9 – Complaints and returned goods
All product descriptions, information and materials mentioned on this website, will be delivered “as such”, without any explicit or implicit guaranties or guaranties otherwise.
In case the Consumer for whatever reason does not wish to purchase a product, he/she has the right to return the product to 9straatjesonline within 14 days after delivery.
The right to annulment of the Sales agreement only applies to those products that are returned in the same condition as in which the Consumer has received them.
In this case returned goods will only be accepted when the packing of the product is intact. The costs of the return are at one’s own expense.
9straatjesonline will as soon as possible, but not later than 30 days after the return of a product in good condition, transfer the paid amount directly into the bank account of the Consumer (in case of payment through iDEAL) or order the credit card company to transfer the amount to the account of the Consumer; in both cases with reduction of the invoiced postage costs.
The Consumer also needs to return all instructions, documents and packing materials. Ever product that is damaged or not returned in the same state as the Consumer received it will not be reimbursed. Therefore the Consumer needs to take reasonable care of the product(s) when it/they is/are in his possession. The Consumer does not have the right to annul the Sales agreement in case of a delivery of one of the following products:
• Items which are not in the original state and/or packing
• Items that no longer have the return tag attached with the original rip tie
• Items that have been worn/used.
• Underpants (for hygienic reasons)
Article 10 – Delivery
9straatjesonline is striving to dispatch the order of the product(s) that is/are mentioned in the Dispatch confirmation within 2 working days.
Reasons for delay can be:
- Altering the size of the products
- Adjusted items
- Unforeseen circumstances
- Delivery area.
Shop and 9straatjesonline are not liable for delays caused by customs or clearance processes.
Shop and 9straatjesonline would like to notify you that some transporters do not deliver on Saturdays and that on Sundays there is no delivery. With the application of these general conditions the “delivery” is deemed to have taken place, or the products are deemed to “have been delivered”, after the signing for receiving the products at the agreed delivery address.
Depending on the chosen transporter, the products will be stored at a safe location after two delivery attempts. The transporter will leave a notification behind in which is stated where the package is and how the Consumer can collect the package. If the Consumer cannot be on the agreed time at the delivery location, he needs to contact the transporter to schedule a new appointment for the delivery on a day that is suitable for both parties.
Article 11 – Risk and transfer of ownership
The risk for the products transfers at the time of delivery. The ownership will only be transferred to the Consumer when total payment is received of all outstanding amounts concerning the products, including the delivery costs.
Article 12 – Price and payment
The price of the products is the price which is mentioned on the website, except in case of an obvious mistake. Although 9straatjesonline is doing her utmost best to make sure that all prices on the website are correct, there is always the possibility of a mistake. If a mistake is discovered in the price of one or more products that the Consumer has ordered, 9straatjesonline will inform the Consumer as soon as possible and will give him/her the possibility to confirm the order against the correct price or to annul the order. The Shop nor 9straatjesonline are not obliged to sell the product(s) to the Consumer for the incorrect (lower) price (even not when the Order confirmation has been send) when it is clear and unmistakable that the price is wrong and that the Consumer in all fairness could have known this. The prices on the website are inclusive of VAT, but exclusive of delivery costs. The delivery costs are added tot the total amount that is due as seen on the statement on the Checkout page. Prices can change at any time, but these changes do not apply to orders for which an Order confirmation has been send (except in situations as stated above).
Payment is possible by credit card, iDEAL and PayPal. Credit cards will be subject to validity checks and authorization of the provider of the credit card. If 9straatjesonline does not receive the required permission, they will not be liable for possible delay or non-delivery and no Sales agreement will be made.
Article 13 – Liability and disclaimers
9straatjesonline and the Shop are hereby waiving all liability for any kind of damage, direct and/or indirect originated in any way, including but not restricted to damage resulting from the Sales agreement and the use of the website, unless in case of intent or knowing recklessness of 9straatjesonline and/or the Shop. More especially they will not except liability for any kind of damage that is originated in any way by and/or resulting from:
- the impossibility to use the website (completely);
- the fact that the information on the website is incorrect, incomplete or not current;
- errors in the software;
- the unlawful use of the systems, under which the website by a third party, and
- Actions from Shop after the Consumer has engaged in a Sales agreement with Shop.
The liability with regards to any product that has been bought through the website is limited to the purchase price of that product or to the amount that the insurance pays out.
As far as lawfully permitted, but without excluding anything that according to the law can not be excluded in case of consumers, Shop and 9straatjesonline will repudiate all guaranties of any kind.
The regulations in this article leave all lawful rights to the Consumer or the rights to annul the Sales agreement unaffected.
Article 14 – Intellectual ownership
Every copyright, all (trade) names – and brands and all other rights to intellectual ownership relevant to every material or the content (as part) of the website are deposited with 9straatjesonline or those who give her its licences. The Consumer can only use this material when explicit permission is given. The Consumer is allowed, if necessary, to make a copy of the order or the contact details, as mentioned on this website.
Article 15 – Communications
All Communication from the Consumer to 9straatjesonline or Shop needs to be done through the contact form. 9straatjesonline can send announcements to the Consumer by the email address or postal address that the Consumer supplies when an order is placed. Announcements are deemed to have been received and properly carried out immediately after these are placed on the website, 24 hours after sending an email, or three days after the sending a letter. To proof that notice has been given, it is sufficient to prove, in case of a letter, that this letter has been correctly addressed, stamped and posted and, in case of an email, the email is send to the email address supplied by the addressee.
Article 16 – Transfer of rights and obligations
The Sales agreement between Consumer and Shop is binding to Shop, 9straatjesonline and Consumer as well as the respective legal successors and legal representatives of the Shop or 9straatjesonline. Consumer is not authorized to transfer, assign, charge, sub-contract or otherwise dispose a Sales agreement or any of the rights or obligations arising under it, without any prior written consent. The Shop and 9straatjesonline may at any time transfer, assign, charge, sub-contract or otherwise dispose of a Sales agreement or the rights or obligations arising under it during the term of the agreement. Any such a transfer, assignment, charge or other disposition will not affect the statutory rights of the consumer or cancel, reduce or otherwise limit any waaranty or guarantee which may have been provided to Consumer, whether express or implied.
Article 17 – Force majeure
The Shop and 9straatjesonline will not be liable or responsible for any failure to perform or delay in performance of any of our obligations in the capacity of a Sales agreement that is caused by events outside our reasonable control (“Force majeure”).
A Force Majeure Event shall include any act, event, an event failing to occur, omission or accident beyond the reasonable control of the Shop and 9straatjesonline and shall include in particular (without limitation) the following:
- Strikes, lockout of employees or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of a terrorist attack, war (whether or not declared) or threat thereof or preparation for a war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or other natural calamities.
- Impossibility to use transport by train, boat, airplane, road vehicle or any other public or private mode of transport.
- Impossibility to use the public or private telecommunication networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents..
The performances in the capacity of the Sales agreement will be suspended during the period in which the Force majeure is taking place and for this period we will have an extension of the time in which we have to deliver these performances. We will use our reasonable endeavors to end or resolve the Force majeure and to carry out our obligations according to the Sales agreement in spite of the Force majeure.
Article 18 – Waiver
If we fail, at any time during the term of the Sales agreement to insist upon strict performance of any of your obligations under the Sales agreement or any of these general conditions, or if we fail to exercise any of the rights or remedies to which we are entitled according to the Sales agreement, this will not constitute as a waiver of such rights or legal remedies and shall not relieve Consumer from compliance with such obligations. A waiver by the Shop or 9straatjesonline from demanding fulfilment does not implicate a waiver of any subsequent default. A waiver from these general conditions by the Shop or 9straatjesonline, is not legitimate, unless it is expressly stated to be a waiver and that this has been communicated to the Consumer in writing and in accordance with the provisions in the article above about Communications.
Article 19 – Severability
If any of these Terms or any provisions of a Sales Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Article 20 – Entire agreement
These general conditions and every document to which specifically is referred in these general conditions embody the entire Sales agreement between the Consumer and Shop in relation to the subject of the Sales agreement and replace any previous agreement, engagement or arrangement between Consumer and Shop, whether verbal or written.
In case of differences between translations of these general conditions and the Dutch text of these general conditions, the Dutch text always prevails.
Article 21 – Our right to vary these terms
The Shop and 9straatjesonline reserve the right to revise and amend these general conditions from time to time. The Consumer is bound to the policy and the general conditions that are valid at the time when ordering the products, unless a change in policy, these general conditions or the Privacy Statement is required by law or by a public body, in which case the change also applies to the previous orders placed by the Consumer.
Article 22 – Law and jurisdiction
To all rights, obligations, offers, orders and agreements to which these conditions apply, as to these conditions, only the Dutch right applies. The Vienna Purchase treaty is not applicable.
All disputes between the parties will only be presented to a qualified judge in The Netherlands.
These General Sales conditions of 9straatjesonline are registered at the trade register at Amsterdam, under C.O.C-number 51643820.