General Terms and Conditions Pink Faun B.V
Table of contents
Article 1 – Definitions
Article 2 – Identity of the seller
Article 3 – Applicability
Article 4 – Offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of het consumer during the cooling off period
Article 8 – Exercise of the right of withdrawal by the consumer, and costs thereof
Article 9 – Obligations of the seller in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Delivery
Article 12 – Payment
Article 13 – Compliance and additional guarantee
Article 14 – Trade in goods
Article 15 – Additional or different terms
Appendix I: Model withdrawal form
Article 1 definitions
1. Seller: Pink Faun B.V. and any authorized representative(s) acting in the exercise of the business of Pink Faun B.V.;
2. Cooling off period: the period within which the consumer can make use of their right of withdrawal;
3. Consumer: a natural person not acting in the exercise of a professional or a commercial capacity, to whom seller listed to deliver one or more products or rendering of service(s);
4. Contract: A contract made between seller and consumer to purchase concluded orally, in writing or at a distance or a commission contract of a service, and all consquent obligations;
5. Distance contract: a contract that is entered into between the seller and the consumer in het context of an organised system for sales at a distance of products, digital content and/or services whereby, until the contract is entered into, exclusive or partial use is made of one or more techniques for communication at a distance.
6. Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling off period;
7. Guarantee: each commitment made by seller to consumer at no extra costs to replace the purchased movables or restore, or to care for, if the goods do not correspond to the description in the guarantee certificate.
8. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of their order or in case the usual residence of the consumer lies outside the European union
Article 2 Identity seller
Pink Faun B.V. trades under the name: Pink Faun B.V.
Business addres: Van Deventerstraat 10, 3911 KH Rhenen(NL)
Telephone number: +31 085 112 43 75
Chamber of Commerce number: 73557854
Article 3 Applicability
1. These terms and conditions are applicable to every offer, assignment and contract between seller and consumer, unless by written contract with the consumer terms and conditions are agreed otherwise.
2. To all contracts between seller and consumer the Dutch Law is applicable, this choice of law does not affect the protection arising from the mandatory law of the country of your residence. If and to the extent that one of the following conditions are contrary to mandatory provisions in the Dutch Law or contrary with mandatory provisions within the country of your residence, the remaining terms and conditions fully apply.
3. The text of these terms and conditions will be made available to the consumer before the distance contract is entered into. If this is not reasonably possible, the seller will state before the distance contract is entered into, the manner in which the terms and conditions can be consulted at the seller.
4. If the distance contract is entered into electronically, it may be that, in divergence from the foregoing paragraph and before the distance contract is entered into, the text of these terms and conditions can be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible then, before the distance contract is entered into, it will be stated where the terms and conditions can be consulted by electronic means and that they will be sent electronically or in another way, free of charge, at the consumer's request.
Article 4 Offer
1. All offers, quotations and quotes related to moveable property or a service to deliver, made by the seller are non-binding. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The information provided in writing by the seller or in digital form about product specifications, pictures, price lists, brochures, printed matter and so on are subject to change or may contain inaccuracies and are therefore not valid as offer or quotation. Any offer of the seller is no longer valid than the period of being at the time of to the offer applied pricelist.
3. The prices of the products and/or services offered cannot be increased during the validity period stated in the offer, except for price changes as a result of changes in VAT rates or changes within 3 months after the contract have come into being and the seller has stipulated this and:
a. These are the result of regulations or statutory provisions; or
b. The consumer as the authority to terminate the contract with effect from the day on which the price increase takes effect.
4. Unless otherwise noted, all prices in the offers of the seller are listed in euros, excluding VAT and excluding shipping and handling, delivery, and installation in consumers home. Used goods are no subject to VAT (margin scheme), unless seller states otherwise. All offers of the seller are based on the current offers, (dealer) prices, the material costs, exchange rates, wages and taxes. In case of increase of one or more of the cost factors, the seller is entitled to increase the prices accordingly, regardless of whether the change was or was not foreseeable at the time of the conclusion of the agreement.
Article 5 The Contract
1. Contracts between seller and consumer to deliver one or more movables and/or services are made by seller after oral or written acceptance of the offer or quotation made by the seller. Seller seeks to confirm every contract with consumers in writing as soon as possible. If the consumer has accepted the offer by electronic means, the seller commits as soon as possible to confirm by electronic means the receipt of the acceptance of the offer.
2. Seller reserves the right to refuse accepting one or more deals by consumer without giving any reason, to demand payment in advance or security, or to connect certain special conditions to the contract.
Article 6 Right of withdrawal
1. The consumer, who resides within the European Union, can terminate a contract in connection with the purchase of a product during a cooling off period of a minimum of 14 days without stating reasons, with the exception of all the showroom models. The seller may ask the consumer about the reason for withdrawal, but not oblige the consumer to state their reason(s). If you are acting as business customer you are excluded from right of withdrawal.
2. The cooling off period stated in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the transporter, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The seller may, provided that they have informed the consumer of this in a clear manner prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of different consignments or components: the day on which the consumer, or a third party designated by them, has received the last consignment or the last component;
c. in the case of contracts for regular delivery of products during a particular period: the day on which the consumer, or a third party designated by them, has received the first product.
Article 7 Obligations of het consumer during the cooling off period
1. During the cooling off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent that is necessary to establish the nature, the characteristics and the operation of the product. The basic principle in this is that the consumer may only utilize and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
3. The consumer is not liable for depreciation of the product if the seller has not provided the consumer with all legally required information on the right of withdrawal before or at the time of the contract being entered into.
Article 8 Exercise of the right of withdrawal by the consumer, and costs thereof
1. If the consumer makes use of their right of withdrawal, they will notify the seller of this within the cooling off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the seller. This is not necessary if the seller has offered to collect the product themselves. The consumer is deemed to have adhered to the cooling off period if he returns the product before the cooling off period has expired.
3. The consumer will return the product with all supplied accessories, if possible in the original condition and packaging, and in accordance with the reasonable and clear instructions issued by the seller.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer will bear the direct costs of the return of the product. If the seller has not stated that the consumer must bear these costs, or if the seller indicates that it will bear the costs, the consumer does not have to bear the costs of return.
6. If the consumer makes use of their right of withdrawal, all ancillary contracts are terminated by operation of law.
Article 9 Obligations of the seller in the event of withdrawal
1. If the seller enables the notification of withdrawal by the consumer by electronic means, they will send a confirmation of receipt without delay after receipt of this notification.
2. The seller will reimburse all payments made by the consumer, including any delivery costs charged by the seller for the returned product unless the product is manufactured according to the specifications of the customer, without delay but in any event within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the seller offers to collect the product themselves, they may delay the repayment until they have received the product or until the consumer shows that they have returned the product, according to what time is earlier.
3. The seller will use the same payment method for repayment that the consumer has used, unless the consumer agrees to another method. The repayment is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the seller does not have to repay the additional costs of the more expensive method.
Article 10 Exclusion of the right of withdrawal
The seller can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, or in a timely manner before the contract is entered into:
1. Products or services whose price is linked to fluctuations on the financial market upon which the seller has no influence and that can arise within the withdrawal period.
2. Contracts that are entered into during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the seller to the consumer who is present in person or is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services.
3. Service contracts, after full performance of the service, but only if:
a. the performance was begun with the express prior consent of the consumer;
and b. the consumer has declared that they lose their right of withdrawal once the seller has fully implemented the contract;
4. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, transport of goods, vehicle hire services, and catering;
5. Contracts in connection with leisure activities, if a specific date or period of performance is provided for in the contract;
6. Products manufactured according to specifications of the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
7. Products that quickly perish or have a limited storage life;
8. Sealed products that for reasons of health protection or hygiene are not suitable to be returned and the seal of which is broken after delivery;
9. Products that after delivery, by their nature, are irreversibly mixed with other products;
10. Alcoholic drinks whose price is agreed on entering into the contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations of the market upon which the entrepreneur has no influence;
11. Sealed audio recordings, video recordings and computer software of which the seal is broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
13. After delivery of digital content other than on a material carrier, but only if:
a. the performance was begun with the express prior consent of the consumer; and
b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully implemented the contract;
Article 11 Delivery
1. Deadlines and dates of delivery are approximate and are determined on the basis of the facts and circumstances known at the precise moment of conclusion of the agreement between seller and consumer. Exceeding the delivery time specified by the seller (s), for any reason whatsoever, never gives consumers the right to:
a. compensation or any breach of any obligation under the agreement;
b. termination of the contract, without prejudice to the rights of consumers under Title 5 Book 6 Civil Code.
2. The address stated by the consumer to the seller is deemed the place of delivery.
3. The seller will carry out accepted orders with appropriate rapidity, but in any event within 30 days unless another delivery period is agreed. If the delivery is delayed due to conditions beyond the control of the seller, he can request an extended delivery period.
4. Consumer is obliged to purchase specific movable property which is not default to seller in stock and what so exclusive to consumer are purchased or ordered, or movable property which is specifically commissioned for consumer to be custom manufactured or modified. When consumer is in default he is obliged to compensate seller with at least 50% of the agreed net selling price of these not decreased movables.
5. Seller retains full ownership of the movable property supplied to consumers, until the moment the entire payment has been received by seller. Up to this moment consumer is not entitled to lend, sell, lease, encumber with a right in rem or in any other way to exploit the received goods or display the management. Consumer is obliged to inform seller immediately about any alleged claim of third parties on the movables as long as this is property of the seller.
6. If the consumer fails to timely perform under the contract obligations concluded with seller, seller keeps the full right to:
a. fully suspend its obligations under any (other) contracts concluded with consumers (with due observance of the statutory provisions in title 1, section 7 and title 5, section 5, book 6 of the Dutch Civil Code);
b. return its obligation by the seller to the consumer to suspend issued movables (lien, subject to the statutory provisions of Title 10, Section 4, Book 3 Dutch Civil Code);
c. close partially or completely terminate the agreement with consumer (with due observance of the statutory provisions of title 5, section 5 book 6 of the Dutch Civil Code);
d. recover the movable property supplied to consumers from sale (right of reclaim, with due observance of the statutory provisions of title 1, section 8 book 7 of the Dutch Civil Code).
7. If and to the extent that seller claims the right to suspend, to reclaim its attributable, to terminate the agreement or recover the movable properties, seller shall communicate to the consumer as soon as possible on what grounds the suspension, dissolution and/or recovery takes place, whether or not to specify the conditions under which consumer can meet to his/her obligations.
8. The risk of damage to and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise. In case the consumer choses to collect the order at the place of the seller the risk of damage and/or loss of products rests with the consumer from that time the seller is keeping the product for the consumer. Unless the seller is liable for the loss or damage of the product to the extent that it is attributable to the seller.
Article 12 Payment
1. Payment for goods delivered or services rendered (including repairs, modifications and work on location) shall be made simultaneously on delivery to consumer CQ immediately after termination of the service provided.
2. In the case of the sale of products to consumers, the consumer can never be obliged in the terms and conditions to prepayment of more than 50%. If prepayment is agreed upon, the consumer cannot assert any right whatsoever concerning the implementation of the order or service(s) in question before the stipulated prepayment has taken place.
3. By way of derogation from paragraph 1 and 2 seller may establish other payment terms with consumer by written agreement.
4. If the amounts due to seller have not been paid or not in full within by seller prescribed payment period, consumer will be (without any notice of default being required) in default by operation of law. Consumer is from then on to pay statutory interest on the outstanding amount to the seller. If no payment term has been established by contract, seller has the right within a reasonable period of time (namely 30 days after conclusion of the contract) to comply consumer with the payment term in default and legally to impose consumer to set simultaneously, and notwithstanding the legal provisions of section 9 of book 6 Dutch civil code. If the consumer after notice fails to pay the claim, the claim for collecting may be passed to a third party, in which case consumers will have to pay in full judicial and extrajudicial collection costs, the amount of which shall be at least 15% of the first €2.500,- euros, 10% minimum of the next € 2.500,- and a minimum of 5% of the next € 5.000,- with a minimum of € 50.00. Payments are first deducted from the already due (extra) judicial and legal collection costs, then to the principal of the oldest outstanding claim.
Article 13 Compliance and additional guarantee
1. Seller guarantees that the goods and services supplied meet the agreement with consumer and the reasonable requirements of reliability and/or usability and at the time of conclusion of the contract existing legal provisions and/or Government regulations.
2. All unused and in new condition movable property seller offers are shipped with the standard of the supplier and / or manufacturer of these movables provided by (factory) guarantee (s). Moveable property and parts used in moveable property which have not been produced/fabricated by the seller himself but are produced/fabricated by a third party have the warranty provided by the third party.
3. Movable property used (second hand) in accordance with the warranty conditions laid down by the seller on used products beholds a warranty period of six months, unless otherwise agreed with consumer in writing.
4. The services provided by the seller on repairs and modifications to movable property beholds a warranty period of six months, unless otherwise agreed with consumer in writing.
Article 14 Trade in goods
1. Consumer declares by signing that he has no sales tax charged. Regarding the traded goods to him in the whole deduction.
Article 15 Additional or different terms
1. Additional derogations from these general terms and conditions must not be in disadvantage for the consumer, must be presented adequately to consumer and properly documented.
Appendix I: Model withdrawal form
Model withdrawal form
(only fill in this form and send it back to us when you want to withdraw the contract).
1. To: [name seller]
[ geographical address seller]
[ fax number seller, if available]
[ e-mailaddress or electronic address seller]
2. I/We* hereby inform You that I/we want our contract concerning
a. the sale of the following product: [indication product]*
b. the supply of the following digital content: [Indication digital content]*
c. The supply of the following service: [indication service]*,
te be withdrawn*
3. Ordered at */received at* [Date of order in case of services or date of receival in case of products]
4. [Name consumer(s)]
5. [Address consumer(s)]
6. [Signature consumer(s)] (only required if this form is submitted in writing)
* Delete as appropriate or fill in as appropriate.