Terms and conditions
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
- 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 cooling-off period
- Article 8 – Exercise of the right of withdrawal by the consumer and the cost
- Article 9 – Obligations of the entrepreneur in the case of withdrawals
- Article 10 – The price
- Article 11 – Performance agreement and additional guarantee
- Article 12 – Delivery and execution
- Article 13 – Payment
- Article 14 – Complaints procedure
- Article 15 – Disputes
- Article 16 – Additional or different terms
Article 1 - Definitions
In these conditions, the following definitions shall apply:
- Additional agreement means an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these matters, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader;
- Cooling-off period: the period during which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day
- Digital content: data that are produced and supplied in digital form;
- Expensive agreement: an agreement that aims at the regular delivery of goods, services and/or digital content over a certain period of time;
- Durable medium: any device, including email, that enables the consumer or business owner to store information that is addressed to him personally, stored in a way that future consultation or using it over a period of time is adequate for the purpose for which it is intended, and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the ability of the consumer to opt out of the contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of the Dutch thuiswinkel organization and products, (access to) digital content and/or services to consumers;
- Distance contract: an agreement between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and/or services until the conclusion of the agreement exclusively or shared use is made of one or more means of distance communication;
- Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur having to be in the same room;
Article 2 – Identity of the Entrepreneur
Books and Cardamom
www.booksandcardamom.nl | www.booksandcardamom.com
Chamber of Commerce number: 73731706
Netherlands VAT identification number: NL124513426B01
Article 3 – Applicability
1. These general conditions apply to all offers of the entrepreneur and on any distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will make the general conditions available to the consumer before the distance contract is concluded, as quickly as possible and sent free of charge.
3. If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the consumer electronically in such a way that the consumer can easily store the information on a durable medium. If this is not reasonably possible, the entrepreneur will. before the distance contract is concluded, indicate where the General conditions by electronic means can be found and that they are available at the consumer’s request, by electronic means or otherwise will be sent free of charge.
4. In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting conditions always rely on the applicable provision that is most favourable to him.
Article 4 – The offer
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses pictures, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
- Every offer will contain such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 – The agreement
- The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
- The economic operator may, within statutory frameworks, research the consumer’s ability to fulfil his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to enter into agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
Article 6 – Right of withdrawal
- The consumer may opt out of a contract for the purchase of a product during a cooling-off period of 30 days without giving any reason. The entrepreneur may ask the consumer to the reason of withdrawal, but the consumer is not obliged to give his reason (s).
- The cooling-off period starts on the day after the consumer, or on behalf of third party other than the carrier, has received the product, or:
- If the consumer has multiple products ordered in the same order: the day on which the consumer, or a third party designated by him, has received the final product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order of several products with different delivery time.
- If the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or piece;
Article 7 – Obligations of the consumer during the cooling-off period
- During this period the consumer shall handle the product and its packaging with care. He will extract or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product. The consumer should only handle and inspect the product as he would in a store.
- The consumer shall only be liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
- The consumer shall not be liable for any depreciation of the product if the entrepreneur has not sent him all mandatory information about the right of withdrawal before or at the conclusion of the agreement
Article 8 – Exercise of the right of withdrawal by the consumer and the cost
- If the consumer exercises his right of withdrawal, he reports this within the cooling-off period using the standard withdrawal form or on other unambiguously to the entrepreneur.
- As fast as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or he hands this over to (a representative of) the entrepreneur. This need not be the product itself if the entrepreneur has offered to take it away. The consumer has to take into account the return term in each case if he returns the product before the withdrawal period has expired.
- The consumer shall send back the product with accessories, if reasonably possible all delivered in original condition and packaging, and in accordance with the reasonable and clear instructions by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct cost of returning the product. If the entrepreneur has reported to wear the costs itself, the consumer does not have to wear the costs.
- If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 9 – Obligations of the entrepreneur in the case of withdrawals
- If the entrepreneur allows the notification of withdrawal by the consumer electronically, it sends an acknowledgement of receipt of this notification without delay.
- The trader shall reimburse all payments by the consumer, including any delivery charges charged by the company for the returned product without delay, but within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers itself to take away the product, he may hold off to refund until he has received the product or until the consumer shows that he has returned the product, depending on which of these times is earlier.
- The entrepreneur uses the same method of payment that the consumer has used for refund, unless the consumer consents to another method. The repayment 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 additional costs for the more expensive method are non-refundable.
Article 10 – The price
- During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and are outside the entrepreneur’s control, with variable prices. These fluctuations and the fact that the price is variable are mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
- they are the result of statutory regulations or provisions; or
- the consumer has the power to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services mentioned include VAT.
Article 11 – Performance agreement and additional guarantee
- The trader guarantees that the products and/or services fulfil 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 guarantees that the product is suitable for other than normal use.
- A by the entrepreneur, his supplier, manufacturer or importer extra warranty never limits the legal rights and claims which apply under the agreement between the consumer and the entrepreneur, when the entrepreneur has been guilty of serious misconduct in the performance of his part of the agreement.
- Under Tools guaranteed shall mean any undertaking by the entrepreneur, his supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond than those required by law in case he is guilty of serious misconduct in the performance of his part of the agreement.
Article 12 – Delivery and execution
- The trader will take the greatest possible care when receiving and processing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made available to the entrepreneur.
- Subject to article 4 of these general conditions, the entrepreneur accepts orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer is informed of this no later than 30 days after the order was placed. The consumer in this case has the right to terminate the contract without penalty and the right to possible compensation.
- After dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid without delay.
- The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer, unless otherwise expressly agreed.
Article 13 – Payment
- Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer have to be paid within 14 days after the beginning of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the closing of the agreement. In the case of a contract for the provision of a service, this term applies on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, consumers in general conditions can never be obliged to advance payment in excess of 50%. When such a payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has been made.
- If the consumer does not fulfil his payment obligation (s), after being reminded by the entrepreneur of the late payment and the entrepreneur has awarded the consumer a period of 14 days to fulfil his payment obligations, after failing payment within this 14-day-term, the entrepreneur is entitled to the statutory interest on the outstanding amount and the extrajudicial collection costs. These collection costs shall not exceed the following levels: 15% on outstanding amounts to €2,500, 10% over the subsequent €2,500, 5% on the following €5,000 with a minimum of €40. The entrepreneur can, for the benefit of consumer, differ from the mentioned amounts and percentages.
Article 14 – Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the performance of the contract, or defects found by the consumer should be fully and clearly described and submitted to the entrepreneur within a period of 14 days after the date of receipt. If a complaint needs longer processing time, the entrepreneur shall reply within a period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
- A complaint about a product, a service or the service of the entrepreneur can also be submitted via a consumer complaint form on the page of the website of the Dutch thuiswinkel organization www.thuiswinkel.org. The complaint is then submitted to both the entrepreneur in question as to the Dutch thuiswinkel organization.
- The consumer should allow the entrepreneur at least 4 weeks’ time to resolve the complaint by mutual agreement. After this term, a dispute is subject to dispute resolution.
Article 15 – Disputes
- On agreements between the entrepreneur and the consumer to which these general conditions relate, exclusively Dutch law is applicable.
Article 16 – Additional or different terms
Additional or different terms to these terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that these can be accesses and stored by the consumer in an accessible manner on a durable medium.