General terms and conditions

Foreword: Good will and common sense make general conditions superfluous.

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 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Fulfilment and additional guarantee

Article 13 - Delivery and execution

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
8. Distance contract: a contract between the trader and the consumer concluded as part of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the moment at which the contract is concluded, sole or joint use is made of one or more techniques for distance communication;
9. Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal with regard to his order;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Dimitri Baldé (h.o.n. Diem Metalstyling);

Business address: Hollandweg 26;

Phone number: 06-40 79 27 61 (Mon. to Fri. 9:00 - 17:00)

E-mail address: contact@dimitribalde.nl

KvK number: 30197484

Btw-identificatienummer: NL001960975B60

Article 3 - Applicability

1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, the way in which the general conditions can be viewed at the trader's premises and that they will be sent free of charge to the consumer as quickly as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available 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, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

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 offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products offered. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within the limits of the law - to inform the consumer of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to its implementation.
5. No later than at the time of delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:
6. the visiting address of the trader's business establishment where the consumer can lodge complaints;
7. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
8. information on warranties and existing after-sales service;
9. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
11. if the consumer has a right of withdrawal, the model form for withdrawal.
12. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal

In products:

1. The consumer can terminate an agreement related to the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

1. in case of contracts for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him has received the first product.

Article 7 - Obligations of the consumer during the reflection period

1. During the reflection period, the consumer 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 functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer uses his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model form for withdrawal or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the period has expired.
3. The consumer sends the product back with all accessories, if reasonably possible in original condition and packaging, and according to the trader provided reasonable and clear instructions.
4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the return costs.

Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the trader makes it possible for the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt of this notification without delay.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to repay the product until he has received it or until the consumer can demonstrate that he has returned it, whichever comes first.
3. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
2. Contracts which are concluded during a public auction. A public auction is a method of sale whereby products, digital content and/or services are offered by the operator to the consumer who is present in person or has the possibility to be present in person at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
4. the execution has started with the explicit prior consent of the consumer; and
5. the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
6. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
7. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
8. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
9. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
10. Products that spoil quickly or have a limited shelf life;
11. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
12. Products that, after delivery, are irrevocably mixed with other products due to their nature;
13. Alcoholic beverages of which the price was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
14. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
15. Newspapers, journals or magazines with the exception of subscriptions to these;
16. The delivery of digital content other than on a tangible medium, but only if:
17. the execution has started with the explicit prior consent of the consumer; and
18. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
5. they are the result of statutory regulations or provisions; or
6. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.

Article 12 - Fulfilment of agreement and additional guarantee

1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can enforce against the trader if the trader has failed to fulfill his part of the agreement.
3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in Article 4 of these terms and conditions, the operator accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be replied to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
4. The consumer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual agreement. After this period a dispute arises that is susceptible to the dispute.

Article 15 - Disputes

1. Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law.

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.