Terms of service

General Terms and Conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the trader

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 terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise his right of withdrawal.
  • Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader.
  • Day: calendar day.
  • Duration transaction: a distance contract relating 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 trader to store information addressed to him personally in a way that allows future consultation and unchanged 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 withdrawal form that the trader makes available to a consumer who wishes to exercise his right of withdrawal.
  • Trader: the natural or legal person who offers products and/or services to consumers at a distance.
  • Distance contract: an agreement whereby, within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
  • Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being simultaneously present in the same room.

Article 2 - Identity of the trader

SCB Graphics, trading as Farrier Blanche;

Pretorialaan 74B, 3072 ER Rotterdam;

Phone number: [times at which the trader can be reached by phone]

Email address: info@farrierblanche.nl

Chamber of Commerce number: 60071818

VAT identification number: NL002420445B37

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply by analogy and the consumer may 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 null and void or are annulled at any time, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be replaced by a provision that comes as close as possible to the meaning of the original. Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Ambiguities 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 validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot lead to compensation or the dissolution of the agreement. Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes, in particular:

  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and the actions required for it;
  • 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 amount of the fee for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base 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;
  • how the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding it;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in the case of a durable transaction. Optional: available sizes, colors, types of materials.

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 out therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose. Within the legal framework, the entrepreneur can inquire 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 agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons 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 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 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;
  • information about warranties and existing after-sales service;
  • the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance 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 durable transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is concluded under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur in advance. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, he will return the product with all accessories supplied 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 his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days, after receipt of the product, by means of the model withdrawal form or by means of another communication method such as email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of dispatch. If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, respectively, has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the maximum cost of returning the goods shall be borne by him. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional on the product having already been received by the web retailer or conclusive proof of complete return can be provided. The refund shall be made using the same payment method used by the consumer unless the consumer expressly agrees to another payment method. In the event of damage to the product due to careless handling by the consumer, the consumer shall be liable for any decrease in value of the product. The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal 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 mentioned this in the offer, at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

  • that have been produced by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly of a personal nature;
  • that, by their nature, cannot be returned;
  • that can spoil or age quickly;
  • whose price is tied to fluctuations in the financial market that the entrepreneur has no control over;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software where the consumer has broken the seal.
  • for hygienic products where the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:
  • related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  • related to betting and lotteries.

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 may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be 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 right to terminate the agreement on the day the price increase takes effect. The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at 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 soundness and/or usability, and the legal provisions and/or government regulations that existed on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in their original packaging and in new condition. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, 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 or modified the delivered products himself or has had them repaired or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or the packaging instructions;
  • The defect is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving orders for products and when assessing applications for the provision of services. The consumer's address as provided to the company shall be the place of delivery. Subject to the provisions in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer shall be notified of this no later than 30 days after the order was placed. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer shall not be entitled to any compensation. All delivery times are indicative. The consumer cannot derive any rights from any specified terms. Exceeding a term does not entitle the consumer to damages. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur shall make an effort to provide a replacement item. It will be clearly and comprehensibly stated upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer or to a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-Term Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that pertains to the regular delivery of products (including electricity) or services at any time, taking into account the agreed-upon termination rules and a notice period of at most one month. The consumer may terminate an agreement that has been entered into for a definite period and that pertains to the regular delivery of products (including electricity) or services at any time, upon the end of the definite term, taking into account the agreed-upon termination rules and a notice period of at most one month. The consumer may terminate the agreements referred to in the previous paragraphs:

  • at any time and is not limited to termination at a specific time or during a specific period;
  • at least in the same manner as they were entered into by him;
  • at all times with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement that has been entered into for a definite period and that pertains to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that pertains to the regular delivery of day newspapers, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months if the consumer is able to terminate this extended agreement by the end of the extension with a notice period of at most one month. An agreement that has been entered into for a definite period and that pertains to the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer is at all times entitled to terminate it with a notice period of at most one month and a notice period of at most three months in the event the agreement pertains to regular, but less than once per month, deliveries of day, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon the expiry of the trial or introductory period. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in the provided or stated payment details to the entrepreneur without delay. In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously disclosed to the consumer.

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 in a complete and clearly described manner 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 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure. In the case of complaints, the consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad. The Vienna Sales Convention does not apply.