Conditions of use

Terms and conditions Vermeer Centrum Delft

 

 

Table of contents:

Article   1 - Definitions

Article   2 - Identity of the business operator

Article   3 – Applicability

Article   4 – The offer

Article   5 – The agreement

Article   6 – Right of return

Article   7 - Costs in case of return

Article   8 – Exclusion of the right of return

Article   9 – The price

Article 10 - Accordance and guarantee

Article 11 - Delivery and implementation

Article 12 - Payment

Article 13 - Complaints

Article 14 - Disputes

Article 15 - Additional or differing conditions

 

Article 1 - Definitions

In the following conditions the terms mean:

  1. Time to consider: the term during which the customer may use his right to return goods;
  2. Customer: the natural person who is not involved in the job or business and enters an agreement with the business operator;
  3. Day: calendar day;
  4. Duration transaction: an agreement concerning a series of products and/or services, of which the delivery and/or purchasing obligation is spread over a certain period in time;
  5. Durable data storage: every means that enables the customer or business operator to save information that is addressed to him personally, in a way that enables future consultation of the stored information and its unaltered reproduction.
  6. 6.     Right of return: the customer’s possibility to renounce the agreement within the consideration time;
  7. Business operator: the natural or rightful person who offers products and/or services to customers;
  8. Agreement at a distance: an agreement whereby a business operator organised system for sales of products and/or services, up to the time that the agreement is sealed one can only make use of one or more means of communication;
  9. Means of communicating at a distance: a means by which an agreement can be sealed without the customer and the business operator being together in the same place.

 

Article 2 – Identity of the business operator

Stichting Vermeer Centrum Delft;

Voldersgracht 21, 2611 EV Delft

 

Telephone number: 015-2138588 (Monday to Friday from 10.00 AM to 5.00 PM)

E-mail address: gifts@vermeerdelft.nl

Chamber of commerce number: 27305887

VAT-identification number: 8185.02.046.O.01

 

Article 3 - Applicability

  1. These terms and conditions apply to every offer from the business operator and to every external agreement between the business operator and the customer.
  2. Before the external agreement is concluded, the terms and conditions are made available to the customer. In case this is not reasonably possible, it will be made known beforehand that the terms and conditions may be consulted at the business operator and if required may be sent to the customer as soon as possible and without charges.
  3. In the case of the agreement taking place digitally from a distance and before the agreement is sealed, in contradiction to the previous item, these terms and conditions may be made available to the customer digitally in such a way that it can be easily stored on a reliable data base. In case this is  not reasonably possible, before the agreement is sealed from a distance, it will be made known where the terms and conditions can be consulted digitally and if required by the customer may digitally or in any other way be sent without charge.
  4. In the case that besides these terms and conditions specific product or service conditions apply, the second and third items apply and the customer may in case of contradictory conditions appeal to the condition that is most beneficial for him.

 

Article 4 – The offer

  1. In the case of an offer with a limited validity or other conditions attached, this will be emphatically made clear in the offer.
  2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to make it possible for the customer to make a well-considered judgement concerning the offer. If the business operator uses images, these are a true representation of the offered products and/or services. Obvious mistakes or faults in the offer do not commit the business operator.
  3. Every offer contains such information that it is clear to the customer what his rights and obligations are in accordance with acceptance of the offer. This in particular concerns:
  • the price including taxes;
  • any delivery costs;
  • the manner in which the agreement will be  carried out and what actions are necessary for this;
  • application of the right of return;
  • the manner of payment, delivery and implementation of the agreement;
  • the period for accepting the offer, or the period in which the business operator guarantees the price;
  • the costs for communication from a distance if the costs for using technology for communication differ from the regular basic charges;
  • if the agreement is stored and if so, in what manner it can be consulted by the customer;
  • the manner in which the customer, before sealing the agreement, can check or if necessary rectify any details he provided for the agreement;
  • any other languages in which, besides Dutch, the agreement may be sealed;
  • the behavioural codes to which the business operator has submitted and the manner in which the customer may electronically consult these behavioural codes; and
  • the minimal duration of the agreement over a distance in case of a long-term transaction.

 

Article 5 - The agreement

  1. The agreement is sealed, under the condition of tat which is stated in item 4, when the customer accepts the offer and meets the hereby specified conditions.
  2. If the customer has accepted the offer digitally, the business operator confirms receiving the acceptance of the offer digitally as soon as possible. As long as the business operator has not confirmed receiving the acceptance, the customer may annul the agreement.
  3. If the agreement has been sealed digitally, the business operator ensures to take fitting technical and organizational precautions to protect the electronic transfer of data and provides safe web circumstances. If the customer pays electronically, the business operator complies with the necessary safety precautions.
  4. The business operator may – within legal limits – gather information as to whether the customer is able to fulfil his financial obligations, as well as all the factors that are of importance when entering into a reliable agreement. On the grounds of this information if the business operator then has good reason not to enter into an agreement, he has the right, after explanation, to reject an order or request or to apply specific conditions.
  5. The business operator will add the following information to the product or service and send it, in writing or in such a manner that the customer may store it on a durable data storage base:

a. the address of the business operator’s branch where the customer can make any complaints;

b. the conditions and manner in which the customer may use his right of return, or a clear notification concerning the exclusion of the right to return;

c. the information about guarantees and existing service after purchase;

d. the data acquired in article 4 item 3 of these conditions, unless the business operator has already provided this data to the customer before sealing the agreement.

 

Article 6 – Right of return

 

  1. When purchasing products the customer has the possibility to annul the agreement without reason within 14 days. This term of consideration starts on the day after the customer, or a representative appointed by the customer and made known to the business operator, has acquired the product.
  2. During the consideration term the customer will take care of the product and the packing. He will only unpack or use the product to the extent that he can judge if he wants to keep the product. If he uses his right of return, he will return the product with all the accompanying accessories – and if possible – in the original state and packing to the business operator, in accordance with the reasonable and clear instructions provided by the business operator.

 

Article 7 – Costs in case of return

  1. If the customer uses his right of return, he is responsible for the cost of the return only.
  2. If the customer has made a payment, the business operator will refund it as soon as possible, within 30 days after returning or resending the product.

 

Article 8 – Exclusion of the right of return

  1. The business operator may exclude the right of return to the customer as stated in item 2 and 3. The exclusion of the right of return applies only if the business operator has clearly stated this in his offer, or at least before sealing the agreement.
  2. Exclusion of the right of return is only possible for products that:

a. have been put forward according to the customer’s specifications;

b. are obviously of a personal nature;

c. because of their nature cannot be sent back;

d. may quickly spoil or go out of date;

e. are linked to fluctuation on the financial market over which the business operator has no influence;

f. are separate newspapers and magazines;

g. are audio and video recordings and computer software of which the customer has broken the seal.

 

Article 9 - The price

  1. During the in the offer mentioned term of validity, the prices of the offered products and/or services will not be increased, except for price increases resulting from changes in taxes.
  2. In contrast to the above item the business operator may offer variable prices on products or services that are linked to fluctuations in the financial market and over which the business operator has no influence. The offer will state that these prices are only a guideline and are subject to fluctuation.
  3. Increases in price within 3 months after the conclusion of the agreement are only permitted if they are the result of legal terms or conditions.
  4. Increases in price after 3 months of conclusion of the agreement are only permitted if the business operator has insisted on this and:

a. they are the result of legal terms or conditions; or

b. the customer has the authority to annul the agreement from the day of the price increase.

  1. The prices of products and services stated in the offer include VAT.

 

Article 10 – Accordance and Guarantee

  1. The business operator guarantees that the products and/or services comply with the agreement, the stated specifications, fair requirements of reliability and/or usability and on the existing legal terms and/or government rules on the date of the conclusion of the agreement. If the business operator agreed to the product being used for other than normal use, it is the business operator’s responsibility.
  2. A guarantee by the business operator, manufacturer or importer does not affect the legal rights and claims that the customer can assert concerning the agreement.

 

Article 11 – Delivery and implementation

  1. The business operator will take the utmost care when receiving and carrying out product orders and assessing service requests.
  2. The place of delivery is the address that the customer has made known to the company.
  3. With regard to article 4 of these terms and conditions, the company will carry out accepted orders as soon as possible, within 30 days unless a longer delivery term has been agreed to. If the delivery is delayed, or if an order cannot or can only partially be carried out, the customer will be contacted at the latest 30 days after he has placed the order. In this case the customer has the right to annul the agreement without any charges and he has the right to possible compensation.
  4. In the case of an annulment according to the above item the business operator will refund the customer as soon as possible, within 30 days of annulment.
  5. If a delivery proves to be impossible, the business operator will strive to offer a replacement. At the latest at the time of  delivery it will clearly be explained that a replacement has been delivered. In respect of replacements the right of return cannot be excluded. The costs of sending back a product are then the responsibility of the business operator.
  6. The risk of damages and/or loss of products lies entirely by the business operator up to the moment of delivery to the customer or an appointed representative, unless specifically otherwise agreed upon.

 

Article 12 - Payment

  1. The customer has the obligation to immediately report inaccuracies in provided or stated payment details to the business operator.
  2. In the case of non-payment by the customer the business operator has the right, within legal restrictions, to charge the customer for any reasonably costs incurred.

 

Article 13 - Complaints

  1. The business operator has a sufficiently known procedure for complaints and deals with the complaint in accordance with this procedure.
  2. Complaints about the manner in which the agreement is carried out should be submitted to the business operator within a reasonable period, completely and clearly described, after the customer has detected the defects.
  3. The complaints submitted to the business operator will be answered within 14 days of receipt. If the complaint is expected to take longer to process, the business operator will reply to the complaint within 14 days with a message of receipt and an indication of when the customer may expect a more extensive answer.
  4. If the complaint cannot be solved by mutual consent, it will become a dispute for the dispute settlement committee.

 

Article 14 - Disputes

  1. In agreements between the business operator and customer to which these terms and conditions apply, only Dutch law applies.
  2. In case of a dispute the customer can apply to Stichting WebwinkelKeur, they will mediate free of charge. If the complaint still has not been solved, the customer’s complaint can be dealt with by Stichting GeschilOnline. Their verdict is binding and both the business operator and the Customer must agree to this verdict.

 

Article 15 – Additional or differing conditions

Additional or differing conditions should not be disadvantageous to the customer and should be put down  in writing or in any other way whereby the customer can easily store them onto a long term data base.

 

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