Article 1 – Definitions In these conditions the following terms have the following meanings:
1. Hollandse Sier: the Hollandse Sier company;
2. Buyer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with Hollandse Sier;
3. Distance contract: an agreement whereby, in the context of a system organized by Hollandse Sier for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for communication are used. distance;
4. Right of withdrawal: the option for the Buyer to cancel the distance contract within the cooling-off period;
5. Durable data carrier: any means that enables the Buyer or Hollandse Sier to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Article 2 – Data Hollandse Sier
4357 EB Domburg
Chamber of Commerce number: 71316166
VAT identification number: NL8586.66.613
Article 3 – Applicability
1. These general terms and conditions apply to every offer from Hollandse Sier and to every distance contract concluded between Hollandse Sier and the Buyer. Hollandse Sier explicitly excludes the applicability of (delivery) conditions of the Buyer, unless explicitly agreed otherwise in writing.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Buyer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Hollandse Sier and that they will be sent free of charge as soon as possible at the request of the Buyer.
3. Additions to or deviations from these general terms and conditions only apply if they have been explicitly accepted in writing by Hollandse Sier. The other provisions of these general terms and conditions remain in full force in that situation.
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 products and / or services offered. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the offer. If Hollandse Sier uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind Hollandse Sier.
3. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the Buyer of the offer and compliance with the corresponding conditions.
2. If the Buyer has accepted the offer electronically, Hollandse Sier will immediately confirm receipt of the acceptance of the offer electronically.
3. If the agreement is concluded electronically, Hollandse Sier will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the Buyer can pay electronically, Hollandse Sier will observe appropriate security measures.
4. Hollandse Sier can – within legal frameworks – inform itself whether the Buyer 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, Hollandse Sier has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. Hollandse Sier will send the following information with the product or service to the Buyer, in writing or in such a way that it can be stored by the Buyer in an accessible manner on a Durable medium: a) the email address of Hollandse Sier where the Buyer can go with complaints; b) the conditions under which and the way in which the Buyer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c) information about existing after-sales service and guarantees; d) the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract; Terms and Conditions
6. If Hollandse Sier has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal upon delivery of products
1. When purchasing the products from Hollandse Sier, the Buyer has 30 days to dissolve the purchase agreement, without giving any reason.
2. If the product is received damaged, the Buyer has the option to dissolve the agreement within the set period of 14 days. This period starts after the Buyer has received the product.
3. During the reflection period, the Buyer 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 operation of the product. The basic principle here is that the Buyer may only handle and inspect the product as he would be allowed to do in a store.
The Buyer is not liable for the 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.
5. If the Buyer makes use of his right of withdrawal, he must report this to Hollandse Sier within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
6. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 5, the Buyer will return the product or hand it over to Hollandse Sier. The Buyer will in any case have complied with the return period if he returns the product before the cooling-off period has expired.
7. The Buyer will return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Hollandse Sier.
8. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
9. The Buyer bears the direct costs of returning the product, unless Hollandse Sier has not reported that the Buyer must bear these costs or
10. If the Buyer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 7 – Costs in case of withdrawal
1. If the Buyer makes use of his right of withdrawal, the direct costs of return will be for his account unless the product has been delivered damaged.
2. Hollandse Sier uses the same payment method that the Buyer has used for reimbursement, unless the Buyer agrees to a different method. The reimbursement is free of charge for the Buyer.
Article 8 – Exclusion of right of withdrawal
1. If the Buyer does not have a right of withdrawal, this will be excluded by Hollandse Sier if Hollandse Sier has stated this in the offer, at least in time for the conclusion of the agreement.
2. The right of withdrawal never applies to products: a) that have been created by Hollandse Sier in accordance with the Buyer’s specifications; b) that are clearly personal in nature; c) that cannot be returned due to their nature;
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates or other government levies.
2. Contrary to the previous paragraph, Hollandse Sier can offer products or services whose prices are subject to fluctuations in the financial market and over which Hollandse Sier has no influence, at variable prices.
3. Price increases 30 days after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Hollandse Sier: a) they are the result of statutory regulations or provisions; or b) the Buyer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT, unless stated otherwise.
Article 10 – Conformity
1. Hollandse Sier 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 legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. The buyer accepts that the production method of Hollandse Sier may change the properties of the supplied image (s), such as color, contrast, brightness, sharpness, graphics and gold leaf.
2. The buyer declares that he is familiar with the production process for the manufacture of the product and is independently responsible for the adequate and correct delivery of the necessary documents, including the image and / or photo to be used.
Article 11 – Intellectual property rights
1. The performance of the assignment by Hollandse Sier may entail that works of third parties within the meaning of the Copyright Act or any other work protected by an intellectual property right will be reproduced and / or made public. Publication, reproduction and / or use of such works (for example photos, paintings, drawings and logos) by the Buyer may only take place with the consent of the owner.
2. The buyer guarantees that (i) he is authorized to order Hollandse Sier to use an image, photo, drawing or logo in the production and delivery process and (ii) that no infringement of the rights of third parties. The Buyer indemnifies Hollandse Sier against all possible claims from third parties with regard to any (intellectual property) right with regard to products ordered by the Buyer.
3. The intellectual property rights with regard to the data displayed on the website of Hollandse Sier, including texts, photos, illustrations, graphic material, (trade) names, word and figurative marks, belong to Hollandse Sier. The intellectual property rights accruing to Hollandse Sier are in no way transferred to persons who gain access to and / or use the Hollandse Sier website.
4. The content of the Hollandse Sier website may only be used for non-commercial private purposes. The user is not permitted to reproduce, forward, distribute or make available to third parties for a fee, without the prior written consent of Hollandse Sier.
5. In the event that the Buyer publishes and / or reproduces an image, the copyrights of which accrue to Hollandse Sier, without permission from Hollandse Sier, the Buyer is obliged to pay an immediately due and payable contractual penalty of 300% of the original sales price. Hollandse Sier reserves the right to also claim full compensation in legal proceedings.
Article 12 – Delivery and implementation
1. Hollandse Sier will take the greatest possible care when receiving and executing orders for products.
2. If Hollandse Sier cannot deliver in accordance with the agreement due to force majeure, Hollandse Sier will inform the Buyer of this as soon as possible, without being obliged to pay any compensation.
3. In case of force majeure, I can terminate the agreement, after consultation with the Buyer, or suspend the delivery until the moment when the force majeure situation ceases to exist.
4. Shortcomings of Hollandse Sier in the fulfillment of the agreement with the Buyer cannot be attributed to Hollandse Sier if they are not due to its fault, nor are it for its account under the law, the agreement or generally accepted views.
5. The place of delivery is the address that the Buyer has made known to Hollandse Sier. Hollandse Sier is not liable for any damage that the Buyer may suffer as a result of the late delivery by Hollandse Sier.
6. The risk of damage and / or loss of products rests with Hollandse Sier until the moment of delivery to the Buyer, unless expressly agreed otherwise. If the product is damaged during transport, the liability of Hollandse Sier is limited to a maximum of the amount that is reimbursed by the carrier and / or its insurer.
Article 13 – Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the Buyer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the Buyer has received confirmation of the agreement.
2. Hollandse Sier offers the possibility to pay in advance by means of iDEAL and credit card. The Buyer must pay at least 50% of the amount due in advance. If advance payment has been stipulated or the consumer agrees to full payment in advance, the Buyer cannot assert any rights with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
3. The Buyer is obliged to immediately report inaccuracies in provided or stated payment details to Hollandse Sier.
4. If the Buyer does not fulfill his payment obligation (s) on time, after he has been informed by Hollandse Sier of the late payment and Hollandse Sier has given the Buyer a period of 14 days to still fulfill his payment obligations, after non-payment within this 14-day period, the statutory interest is due on the amount owed and Hollandse Sier is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40.
5. Hollandse Sier gift card with which products can be purchased is valid for 1 year after purchase and can only be returned in the Hollandse Sier webshop (www.hollandsesier.com).
Article 14 – Guarantee
1. Hollandse Sier does not guarantee that the delivered product will be resistant to UV radiation and other environmental factors.
2. If the product shows a design, material or manufacturing defect, the Buyer is entitled to repair or replacement of the product. The Buyer is only entitled to replacement if repair of the product is not possible.
3. No warranty applies to damage caused by incorrect use or application of the delivered products.
4. The proof of purchase (order confirmation after payment) serves as proof of guarantee.
5. If repair or replacement is impossible, Hollandse Sier has the right to dissolve the agreement and to credit the Buyer in full.
Article 15 – Complaints procedure
1. Complaints about the implementation of the agreement must be submitted to Hollandse Sier promptly, fully and clearly described, after the Buyer has discovered the defects.
2. Complaints submitted to Hollandse Sier will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, Hollandse Sier will reply within 14 days with a confirmation of receipt and an indication when the Buyer can expect a more detailed answer.
Article 16 – Liability
1. Hollandse Sier is not liable for damage of any kind whatsoever and which arises because Hollandse Sier relies on incorrect information provided by the Buyer, unless Hollandse Sier was aware of the inaccuracy of this information.
2. Hollandse Sier is not liable for damage of any nature whatsoever that arises because the products are used improperly after delivery.
3. Hollandse Sier is not liable for damage of any nature whatsoever arising from the use of the product by the Buyer, unless this damage is due to intent or gross negligence on the part of Hollandse Sier.
4. If Hollandse Sier is liable for damage to the Buyer as a result of a shortcoming in the performance of this agreement, Hollandse Sier’s liability will be limited to a maximum of the amount of the purchase price.
Article 17 – Applicable law and competent court
All possible disputes arising from and / or relating to these general terms and conditions are exclusively governed by Dutch law. All possible disputes will be submitted exclusively to the competent court of the Amsterdam District Court, location Amsterdam, unless Hollandse Sier chooses to bring a case to the competent court of the Buyer’s residence or another court competent by law.