Terms and Conditions

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Contents

Article 1  – Definitions
Article 2  – The Entrepreneur’s identity
Article 3  – Applicability
Article 4  – The offer
Article 5  – The agreement
Article 6  – Right of withdrawal
Article 7  – Consumer’s obligations during the reflection period
Article 8  – Exercising the Consumer’s right of withdrawal and the costs
Article 9  – Entrepreneur’s obligation in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and warranty
Article 13 – Delivery and execution
Article 14 – Continuing performance contract: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or varying provisions 

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
  8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  9. Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
  10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
  11. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

Article 2 – The Entrepreneur’s identity

Aarts Photography

Oude Tiendweg 37
2921AM Krimpen aan den IJssel
The Netherlands

E info@twanaarts.photography

KVK 86655299
VAT ID NL004287961B68

Article 3 – Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested.
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer’s request free of charge, either via electronic means or otherwise;
  4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
  5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that purports to of the original as closely as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offer is without obligation. The Entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
  6. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the term for acceptance of the offer, or the term within which the Entrepreneur guarantees the price;
    • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
    • whether the agreement will be archived after its conclusion, and if so, on which details 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 him in the context of the agreement;
    • any other languages ​​in which, in addition to English, the agreement can be concluded;
    • the codes of conduct to which the Entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The contract

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
  5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
      1. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
      2. the information corresponding to existing after-sales services and guarantees;
      3. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
      4. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
  6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

In case of products:

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
      1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
      2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
      3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.

In case of services:

  1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least 14 days, commencing on the day of entering into the agreement.
  2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the Entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Consumer’s obligations during the time of reflection

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product.
  2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product.
  3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

  1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously at info@twanaarts.photography within the period of reflection.
  2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the Entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
  3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the costs of returning the product.

Article 9 – Entrepreneur’s obligations in case of withdrawal

  1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
  3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
  4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
  2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
  3. Services agreements, after full performance of the service, but only if
      1. the performance started with the Consumer’s explicit prior consent; and
      2. the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.
  4. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
  5. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
  6. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
  7. Perishable products or products with a limited durability.
  8. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
  9. Products which for their nature are irreversibly mixed with other products;
  10. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
  11. Sealed audio and  video recordings and computer programs of which the seals were broken after delivery;
  12. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
  13. The delivery of digital content other than on a physical carrier, but only if:
      1. the performance was started with the Consumer’s explicit prior consent;
      2. the Consumer stated that he will lose his right of withdrawal by doing so.

Article 11 – The price

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
  2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
      1. they are the result of legal regulations or stipulations, or
      2. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
  5. All prices indicated in the provision of products or services are including VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the Entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 12 – Performance of an agreement and warranty

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
  3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
  4. The warranty does not apply if:
    • the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
    • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the Entrepreneur and/or have been treated on the packaging;
    • the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 13 – Delivery and execution

  1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
  4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
  5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
  6. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  7. If delivery of an ordered product proves to be impossible, the Entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the Entrepreneur.

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination

  1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
  2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
  3. The Consumer can cancel the agreements mentioned in the preceding paragraphs:
    • at any time and not be limited to termination at a particular time or in a given period;
    • at least in the same way as they were concluded by him;
    • at all times with the same notice as the Entrepreneur stipulated for himself.

Extension

  1. An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
  2. Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
  3. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
  4. An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.

Duration

  1. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
  2. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
  3. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs.

Article 16 – Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. 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 notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

Article 18 – Additional or different provisions

Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.