Terms and conditions
THE BRAES IN OUR WEBSHOP ARE PROFESSIONALLY AND SKILLED BY OUR PARTNER IN AN ORTHODONTIC LABARATORY. THE BRACKETS ARE ALL TIME INTENDED TO WEAR FOR FUN. AND WILL NEVER BE A REPLACEMENT FOR AN ORTHODONTIC TREATMENT. OUR PRODUCTS ARE WORN TEMPORARILY AND FOR PLEASURE. 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 – Compliance and extra guarantee Article 13 – Delivery and implementation Article 14 – Duration transactions: duration, cancellation and extension Article 15 – Payment Article 16 – Complaints procedure Article 17 – Disputes Article 18 – Additional or deviating provisions.
Article 1 – Definitions In these conditions the following terms have the following meanings: 1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur; 2. Reflection period: the period within which the consumer can make use of his right of withdrawal; 3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity; 4. Day: calendar day; 5. Digital content: data that is produced and delivered in digital form; 6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a specific period; 7. Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that will facilitate future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information; 8. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period; 9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers from a distance; 10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby until the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication; 11. Model form for withdrawal: the European model form for withdrawal included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order; 12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 – Identity of the entrepreneur DG ARTWORK Marterhoeve 31., 3831TC Leusden
Email address: firstname.lastname@example.org
Chamber of Commerce number: 51542447
VAT identification number: NL172503930B02
If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority. If the entrepreneur practices a regulated profession: – the professional association or organization with which he is affiliated; – the professional title, the place in the EU or the European Economic Area where it is awarded; – a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules are accessible.
Article 3 – Applicability 1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. 2. 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer. 3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. 4. 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 conditions, the consumer can always invoke the applicable provision that is most relevant to him. is favorable. 5. The buyer is responsible for making a correct impression / or have this done by a specialist!
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, digital content and / or services being 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 representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for 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. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions. 2. 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. 3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur can – inform himself whether the consumer 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, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation. 5. At the latest upon 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 it can be stored by the consumer in an accessible manner on a durable medium: a.the visiting address of the business location of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing after-sales service; 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; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite; f. if the consumer has a right of withdrawal, the model withdrawal form. 6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal For products:
1. Because the delivered products are personally and custom-made, it is not possible to change, adjust or cancel the order after sending the print set or producing the order.
2. b. 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, received the last shipment or the last part; c. in the 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. For services and digital content that is not supplied on a tangible medium: 3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s). 4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal: 5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article. 6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information. 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 operation 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 store. 2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1. 3. The consumer is not liable for a decrease in value 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.