AGB

Terms and Conditions

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 the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Consumer: the natural person who does not act for purposes relating to trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.
Day: a calendar day.
Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Model withdrawal form: the model form for withdrawal provided by the entrepreneur which a consumer can complete if he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of a system for the distance selling of products and/or services, whereby exclusive use is made of one or more techniques of distance communication.
Technique of distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time.
Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Fiastra Design
Martinus Houttuynhof 33
2341PP Oegstgeest
The Netherlands

Phone number: +31 6 19938114
E-mail address: snellennicholas@gmail.com
Chamber of Commerce (KvK) number: 82791902
VAT identification number: NL003729391B76

Article 3 – Applicability

These Terms and Conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the Terms and Conditions are available for inspection at the entrepreneur’s premises and they shall be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph, the text of these Terms and Conditions may be supplied to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the Terms and Conditions can be consulted electronically and that they will be sent at the consumer’s request by electronic or other means free of charge.
In the event that specific product or service conditions apply in addition to these Terms and Conditions, paragraphs 2 and 3 apply correspondingly, and in case of conflicting terms and conditions, the consumer may rely on the applicable provision most favorable to him.
If one or more provisions of these Terms and Conditions are at any time wholly or partially null and void or annulled, the agreement and these Terms and Conditions shall otherwise remain in force, and the relevant provision shall be replaced in mutual consultation as soon as possible with a provision that approximates the purpose of the original as closely as possible.
Situations not covered by these Terms and Conditions shall be assessed ‘in the spirit’ of these Terms and Conditions.
Uncertainties about the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted ‘in the spirit’ of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this shall be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and amend the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, in particular:
- the price including taxes;
- any shipping costs;
- the way in which the contract will be concluded and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
- whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check and, if necessary, correct the information provided by him;
- the possible other languages in which the contract can be concluded besides Dutch;
- the codes of conduct to which the entrepreneur has subscribed 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 a duration transaction.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the performance.
With the product or service, the entrepreneur shall provide the consumer with 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 data carrier:
- the visiting address of the entrepreneur’s business establishment where the consumer may address complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales services;
- the information included in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products:

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, has received the product.
During the reflection period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receiving the product. The consumer must make this notification using the model form or another unequivocal statement (e.g., by e-mail). After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.
If, after the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

For delivery of services:

When services are supplied, the consumer has the right to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

The consumer shall bear the direct costs of returning the product.
If the consumer has already paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return can be presented. Repayment will be made using the same payment method used by the consumer unless the consumer explicitly agrees to another method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion is only possible if the entrepreneur clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been made by the entrepreneur in accordance with the consumer’s specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market that the entrepreneur cannot influence;
- newspapers and magazines supplied individually;
- audio and video recordings and computer software if the consumer has broken the seal;
- hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
- the supply of which has started with the consumer’s express consent before the reflection period has expired;
- relating to bets and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that the entrepreneur cannot influence, at variable prices. The dependence on fluctuations and the fact that any prices mentioned are target prices shall be stated in the offer.
Price increases within 3 months after concluding the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors. In case of printing and typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur based on the agreement.
All products are subject to the statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or instructions on the packaging;
- the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving orders and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders promptly but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to contractual damages.
All delivery times are indicative. The consumer cannot derive any rights from any stated delivery periods. Exceeding a delivery period does not entitle the consumer to contractual damages.
In case of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement article. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract entered into for an indefinite period, which extends to the regular supply of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract entered into for a fixed period, which extends to the regular supply of products (including electricity) or services, at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:
- terminate the agreements mentioned above at any time and not be limited to termination at a specific time or during a specific period;
- terminate them at least in the same way as they were entered into by him;
- always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Renewal

A contract entered into for a fixed period and which extends to the regular supply of products or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a contract entered into for a fixed period and which extends to the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract entered into for a fixed period and which extends to the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract extends to the regular, but less than once a month, supply of daily or weekly newspapers and magazines.
A contract with a limited duration for the regular supply of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, and subject to statutory limitations, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Consumers must first submit their complaint to the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. Costs are associated with submitting a dispute to this disputes committee, which the consumer must pay to the relevant committee.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these Terms and Conditions may not be to the consumer’s disadvantage and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.