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Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Articele 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the withdrawal period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the trader in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional warranty

Article 13 - Delivery and execution

Article 14 - Payment

Article 15 - Complaint Procedure

Article 16 - Disputes

Article 17 - Additional or different provisions

 

Article 1 - Definitions

In these general terms and conditions, the following terms are used in the following sense unless expressly stated otherwise.

Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

Grace period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Long-term contract: a contract for the regular supply of goods, services and/or digital content for a specified period;

Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;

Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and / or services, where up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Name of the entrepreneur: Entrepôt Holland

Business address: Prinsengracht 64-H, 1015 DX Amsterdam

Phone number: 0625054878

Email: [email protected] 

Opening hours 

Monday      Closed 

Tuesday      Closed 

Wednesday By Appointment

Thursday    By Appointment

Friday     11hr - 6hr

Saturday 11hr - 6hr

Sunday   12hr - 17hr

Chamber of Commerce number: 68352174

Btw-identificatienummer: NL857406437B01

 

Article 3 - Applicability

These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply by analogy and in case of conflicting conditions the consumer can always rely on the applicable provision that is most favorable to him.


Article 4 - The offer

Some products sold at Entrepôt Holland are second-hand, this means they are used but still in good condition unless otherwise stated.
If an offer has a limited period of validity or is made subject to conditions, this is explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.

Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

1. If the entrepreneur uses images these are a true representation of similar products and / or                services offered, but with possible different user traces.
2. Each offer contains such information that it is clear to the consumer what rights and obligations are      attached to the acceptance of the offer.
3. The webshop is as up to date as possible, but it is a snapshot: this is also a physical store so it will      inevitably be that goods are sometimes sold while still on the website. The full purchase amount          will then be returned by Entrepôt Holland.

 

Article 5 - The agreement

The contract, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur may within legal frameworks - 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
The trader will send the consumer 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 data carrier, at the latest when the product, service or digital content is delivered:
the visiting address of the branch of the entrepreneur 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;
the information on guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content;
where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal.

For products:

The consumer may dissolve a contract relating to the purchase of a product during a reflection period of up to 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The withdrawal period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
in case of agreements 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.

 

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation 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.

 


Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he shall notify this within the withdrawal period by submitting the purchase receipt.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not notified the consumer that the consumer must bear these costs or if the trader indicates that the consumer will bear the costs himself, the consumer does not have to bear the costs of return shipment.
If the consumer exercises his right of withdrawal, all additional contracts are dissolved by operation of law.

 


Article 9 - Obligations of the entrepreneur in case of withdrawal

If the trader enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
The entrepreneur reimburses all payments of the consumer, excluding any delivery costs, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.

 

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, at least in time for the conclusion of the agreement:

Service contracts, after full performance of the service, but only if:
the performance has started with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
Products that after delivery are by their nature irrevocably mixed with other products;
Sealed audio, video recordings and computer software, of which the seal is broken after delivery;


Article 11 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
The prices mentioned in the offer of products include 21% VAT, unless otherwise stated (Some articles fall within the margin scheme for second-hand goods). Prices are in euros and per item, unless otherwise stated.

 

Article 12 - Compliance with the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability taking into account the nature of the goods, being 'second-hand and used' and the existing legal provisions and/or government regulations on the date of conclusion of the agreement.
An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement may assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
The warranty cannot be claimed if the defect is caused by:
if changes have been made to or on the item by you or third parties,
by defects caused by improper use or any other use for which the article is intended,
damage caused by intent or gross negligence,
by external calamity such as lightning strike, lightning induction etc,
overheating due to use of a high wattage incandescent or halogen lamp,
exposure to humidity, extreme heat or sunlight or extreme cold,
indirect costs, caused by the inoperability of the defective item or having to remove and reinstall it by yourself or third parties, cannot be considered for reimbursement.

 


Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
If delivery/transport is agreed upon, Entrepôt Holland will only deliver to the door or first floor of the given address.
The risk of damage in or to the delivery address rests with the buyer
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the door or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

 


Article 14 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid before delivery. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
If the consumer does not timely fulfill his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the non-payment within this 14-day period, on the amount still owed, the consumer owes the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.
Non or late payment of invoices entitles Entrepôt Holland to suspend further performance of the contract and/or to require security before proceeding with further performance of the contract.
Entrepôt Holland is entitled, in the event that you are in a state of suspension of payment or in a state of bankruptcy, to fully or partially dissolve the contract without notice of default or judicial procedure.

Article 15 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer should in any case give the entrepreneur 4 weeks to solve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.

 


Article 16 - Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.

 


Article 17 - Additional or different provisions

Additional or different provisions of these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.