Algemene voorwaarden

General Terms and Conditions

Table of Contents:
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 guarantee
Article 11 - Delivery and execution
Article 12 - Continuing performance transactions: duration, termination and extension
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 definitions shall apply:

Withdrawal 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 who enters into a distance agreement with the entrepreneur;
Day: calendar day;
Continuing performance transaction: a distance agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance agreement within the withdrawal period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in 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 agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Caland/Schoen bv;

Registered and visiting address:
Nieuwe Binnenweg 14
3015 BA Rotterdam
The Netherlands
Telephone number: +31 10 4366317

Accessibility:
Monday: 12:00 PM to 6:00 PM
Tuesday to Thursday: 9:30 AM to 6:00 PM
Friday: 9:30 AM to 7:00 PM
Saturday: 9:30 AM to 5:00 PM
E-mail address: info@calandschoen.nl
Chamber of Commerce (KvK) number: 24011653
VAT identification number: NL8160.79.511.B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded and orders placed between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the scope of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any costs of shipping;
- the way in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate;
- whether the agreement is archived after its conclusion, and if so, how it can be consulted;
- the way in which the consumer can check and restore data before concluding the agreement;
- any other languages in which the agreement can be concluded;
- codes of conduct and how to consult them;
- the minimum duration of the distance agreement in case of a continuing performance transaction;
- available sizes, colors, and types of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet his payment obligations. If the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored on a durable medium:
- the visiting address of the entrepreneur;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal;
- information on guarantees and existing after-sales service;
- the price including taxes and delivery costs;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer.
During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or another unambiguous statement. After the consumer has made it known that he wishes to make use of his right of withdrawal, he must return the product within 14 days.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the products are for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal, provided the product has already been received back.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for certain products, provided this is clearly stated in the offer and before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- established by the entrepreneur according to the consumer's specifications (customization);
- that are clearly personal in nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations on the financial market.

Article 9 - The price

During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and/or usability.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
The entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, the consumer has the right to dissolve the agreement free of charge.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Continuing performance transactions: duration, termination and extension

The consumer may terminate an agreement entered into for an indefinite period at any time, subject to agreed termination rules and a notice period of no more than one month.
An agreement entered into for a definite period has a maximum duration of two years.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period.
The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur immediately.

Article 14 - Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored on a durable medium.

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