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Terms of service

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 warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination, and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

Article 1 - Definitions

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

Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when they want to make use of their right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

44 Originals.

Waddenring 245

2993 VD Barendrecht

T (062) 492-9869

E [info@44originals.com](mailto:info@44originals.com)

KVK KvK 52737446

VAT number NL001770372B42

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.

Before the distance contract 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 contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically 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 before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

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 the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the purport of the original as closely as possible.

Situations that are 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 conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is made 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 offered products and/or services. 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 offered products and/or services. Obvious mistakes or obvious 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 offered products. 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 rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes;
  • any costs of delivery;
  • the manner 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 period for accepting the offer, or the period 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 for the used means of communication;
  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by them in the context of the agreement;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of a duration transaction.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will 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 can 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about guarantees and existing after-sales service;
  • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution 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 only applies to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all delivered accessories 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 make use of their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make this known using the model form or by another means of communication such as by email. After the consumer has indicated that they wish to make use of their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If the customer has not made it known after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to make use of their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.

To make use of their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of their right of withdrawal, at most the costs of return shipment will be for their account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.

In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.

The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;

Article 9 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated 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 provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they are the result of 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 mentioned in the offer of products or services include VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to 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, the reasonable requirements of reliability and/or usability, and the 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 other than normal use.

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 under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed 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 the packaging;
  • the defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer has no right to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur's account.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a specific period;
  • at least terminate in the same way as they were entered into by them;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid at the time of purchase, after payment the sale is final. In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, 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 execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months 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. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication 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.

In the first instance, a consumer must turn to the entrepreneur with complaints. If the web store is affiliated with WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer