ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following terms have the following meanings:
- 10DAYS: the legal entity offering products and/or services to the customer remotely (i.e. through distance selling); for the purpose of these terms and conditions, this is the party specified in article 2;
- Customer:the natural person who is not acting in the exercise of an occupation or the exercise of an occupation or business and who is entering into a contract with 10DAYS;
- Contract:a contract under which, as part of a system for distance selling of products and/or services organised by 10DAYS, up to and including the signing of the contract, solely one or more methods are used for remote communication;
- Method for remote communication:resource which can be used for entering into a contract without the customer and 10DAYS having gathered in the same physical space at the same time;
- Cooling-off period: the period within which the customer can exercise their right of withdrawal;
- Right of withdrawal:the option for the customer to decide not to enter into the contract within the cooling-off period;
- Day:every working day, with the exception of Saturdays, Sundays and official national public holidays in the Netherlands;
- Durable medium:any device allowing the customer or 10DAYS to store information directed to them personally in a manner which facilitates future consultation and unchanged reproduction of the stored information.
ARTICLE 2 – SELLER’S IDENTITY
1033 MZ Amsterdam
online store: www.10dayslifestyle.com
email address: firstname.lastname@example.org
chamber of commerce registration number: 50231855
vat registration number: nl822626664b01
ARTICLE 3 – APPLICABILITY
- These general terms and conditions apply to any and all offers made by 10DAYS and to any and all contracts signed between 10DAYS and the customer.
- Before the contract is signed by the parties, a copy of the contents of these general terms and conditions will be provided to the customer. If this is not reasonably possible, before the contract is signed between the parties, it will be specified that the general terms and conditions can be consulted at 10DAYS’ premises and will be sent to the customer at the latter’s request free of charge as soon as possible.
- If the contract is entered into by the parties electronically, the contents of the contract may be provided to the customer electronically, in derogation of the foregoing paragraph and before the contract is signed, such that the customer can easily store it on a durable medium. If this is not reasonably possible, before the contract is signed between the parties, it will be specified where the general terms and conditions can be consulted electronically and that they can be sent to the customer free of charge electronically or in another format.
- In the event that these general terms and conditions are also subject to specific terms and conditions, the second and third paragraphs will apply mutatis mutandis, and in the event of conflicting terms and conditions, the customer will be able to invoke the applicable provision most advantageous to the customer.
ARTICLE 4 - THE OFFER
- If an offer has a limited period of validity or is subject to terms and conditions, this must be specified in the offer.
- The offer will contain a comprehensive and accurate description of the products and/or services offered. The description will be sufficiently detailed in order to enable the customer to make a careful assessment of the offer. In those cases where 10DAYS uses images, these images shall constitute as fair and accurate a representation as possible of the products and/or services provided. Any obvious mistakes or errors in the products and/or services provided will not be binding on 10DAYS. Each offer shall contain the information required to make clear to the customer his/her rights and obligations as a consequence of accepting the offer. This includes, in particular:
- the price including taxes;
- any delivery charges;
- the manner in which the contract will be negotiated and what actions will be necessary for this purpose;
- the applicability or non-applicability of the right of withdrawal;
- the method of payment, delivery or performance of the contract;
- the period granted for acceptance of the offer, or the period for maintaining the price;
- the amount of the rate payable for distance communication if the charges for the use of technology for remote communications are calculated based on principles other than the basic rate;
- if the contract is filed after it has been effectuated, how this is to be reviewed by the customer;
- the manner in which the customer, prior to entering into the contract, can become aware of actions to which he/she is opposed, as well as the way in which he/she can remedy this prior to the negotiation of the contract;
- any languages in which the contract may be entered into, in addition to Dutch;
- the codes of conduct to which 10DAYS has subjected itself and the manner in which the customer can consult these codes of conduct electronically;
ARTICLE 5 - THE CONTRACT
- The contract will be deemed to have been effectuated, subject to the provisions of paragraph 4, as soon as the customer has accepted the offer and the applicable terms have been satisfied.
- If the customer has accepted the offer using an electronic medium, 10DAYS will immediately confirm, likewise using an electronic medium, this acceptance of the offer. The customer will be entitled to terminate the contract as long as the receipt of the acceptance has not been confirmed.
- If the contract is entered into by the parties using an electronic medium, 10DAYS will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the customer can pay electronically, 10DAYS will comply with the appropriate security measures.
- 10DAYS can – within the applicable statutory parameters – verify whether the customer is able to satisfy its payment obligations, as well as verify all the facts and factors relevant to entering into the contract responsibly. If 10DAYS, subject to this investigation, has compelling reasons not to enter into the contract, it will be authorised to reject an order to application, stating reasons, or to attach special terms and conditions to the performance of the contract.
- 10DAYS will enclose the following information for the customer, in writing or in such a way as to enable the customer to store it on a durable medium in a user-friendly manner:
- The address of the 10DAYS office where customers can direct their complaints;
- The terms and conditions under which, and the manner in which, customers can exercise the right of withdrawal, or a clear notification regarding the non-applicability/exclusion of the right of withdrawal;
- Information regarding existing service following purchase and warranties;
- The data contained in article 4, paragraph 3 of these terms and conditions, unless 10DAYS already provided this data to the customer prior to the performance of the contract;
- Any personal data provided by the customer to 10DAYS under the contract will be used by 10DAYS exclusively for the performance of the contract and for making any future offers of products of potential interest to the customer, unless the customer has explicitly indicated, using the button beneath his/her online store account, that he/she does not appreciate such offers. 10DAYS will not share any personal data relating to the customer with any third parties.
ARTICLE 6A - RIGHT OF WITHDRAWAL ON THE DELIVERY OF PRODUCTS
- When purchasing products, the customer can rescind the contract within 14 days without being required to state reasons. This period will commence following the date of receipt of the product by the consumer or a representative designated by the customer.
- During this period, the customer will handle the product and the packaging with care. The customer will only unpack or use the product if this is necessary in order to assess whether to keep it. Upon exercising the right to withdrawal, the customer will return to 10DAYS the product, along with all the accessories, and - if reasonably possible - in its original condition and packaging, in accordance with the clear and reasonable instructions provided by 10DAYS.
ARTICLE 6B - RIGHT OF WITHDRAWAL ON THE PROVISION OF SERVICES
- On the provision of services, the customer will be entitled to rescind the contract within 14 days without being required to state reasons, commencing on the date when the contract was entered into.
- In order to exercise his/her right of withdrawal, the customer will comply with the clear and reasonable instructions provided by 10DAYS with the offer and/or no later than upon delivery.
ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL
- If the customer chooses to exercise the right of withdrawal, he/she will be charged no more than the cost of returning the item. The customer will be liable for any damage or loss of the products as a result of the return shipment.
- If the customer has paid an amount for the delivery of the products, 10DAYS will repay this amount as soon as possible, and in any event within 14 days following the date on which the customer invokes the right of withdrawal relating to the order.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is excluded in all cases where the customer has expressly requested 10DAYS to provide the service in question. Under these terms and conditions, the placement of an order is regarded as an express request for delivery by the customer.
ARTICLE 9 - PRICES
- The prices of the products and/or services provided will not be increased during the validity period specified in the offer, except in the event of price changes as a result of changes in vat rates.
- Contrary to the foregoing paragraph, 10DAYS will be authorised to offer products or services the prices of which are subject to market fluctuations and over which 10DAYS has no control, at variable prices. This dependence on fluctuations and the fact that any prices listed are target prices are stated in the offer.
- With the exception of the provisions of article 9.1, any price increases effected following the signing of the contract will only be permitted if this has been stipulated by 10DAYS, and:
- These are the consequence of statutory regulations or provisions; or
- The customer will be entitled to terminate the contract on the day on which
- The price increase commences.
- The prices of products and services stated in the offer are inclusive of vat.
ARTICLE 10 - CONFORMITY AND WARRANTY
- 10DAYS warrants that the products and/or services comply with the provisions of the contract, the specifications stated in the offer, the reasonable offers of soundness and/or usefulness, and with the statutory provisions and/or government regulations applicable on the date when the contract was agreed between the parties. In the event that the products supplied by 10DAYS do not comply with the above-mentioned warranty, the customer will be entitled to a substitute product (provided this is available) or a refund of the amount paid by the customer.
- Any facility offered as a warranty by 10DAYS, the manufacturer or the importer will not affect any of the customer’s rights and claims relating to any failure to comply with 10DAYS’ obligations which it might enforce against 10DAYS under the law and/or the contract.
ARTICLE 11 - DELIVERY AND PERFORMANCE
- 10DAYS will act with the greatest possible care when receiving and fulfilling orders for products and assessing requests for the provision of services.
- The delivery address will be the address provided by the customer to 10DAYS.
- In compliance with the relevant provisions of article 4 of these general terms and conditions, 10DAYS will fulfil any accepted orders without delay, and in any event within 30 days, unless a longer delivery time has been agreed between the parties. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the customer will be notified accordingly no later than one month after placing the order. In such an event, the customer will be entitled to rescind the contract without incurring any charges and without being entitled to compensation for damages.
- In the event of rescission in accordance with the foregoing paragraph, 10DAYS will refund the amount paid by the customer as soon as possible, and in any event within 14 days following rescission.
- If the delivery of a specific product turns out to be impossible, 10DAYS will endeavour to make a substitute item available in its place. No later than at the time of delivery, it will be clearly and comprehensibly stated that a substitute item will be delivered. The right of withdrawal cannot be excluded for substitute items. If a substitute item delivered by 10DAYS is returned, the return shipping charges will be payable by 10DAYS.
- The risk of damage to and/or loss of products will be borne by 10DAYS until the time of delivery to the customer, unless expressly otherwise agreed by the parties.
ARTICLE 12 – PAYMENT
- Unless a later date has been agreed by the parties, the amounts payable by the customer will be paid within 14 days of delivery of the item or, if a contract for service delivery has been signed by the parties, within 14 days following the issue of a confirmation of this contract, where, if the contract is entered into electronically, this 14-day period will commence at the time the customer places their order.
- Payment will be made by means of an ideal payment module (available in the Netherlands only) and/or through a payment provider using a secure payment module. If advance payment has been stipulated, the customer will not be entitled to enforce any rights regarding the fulfilment of the order or the provision of (a) service(s), before the stipulated prepayment has been made.
- The customer will be required to report to 10DAYS any inaccuracies related to payment details provided or listed to 10DAYS without delay.
- In the event of default of payment on the part of the customer, 10DAYS, unless restricted under the law, will be authorised to charge the customer a reasonable fee as reported to the customer in advance.
ARTICLE 13 - COMPLAINTS PROCEDURE
- 10DAYS will handle any complaints in accordance with the provisions of this article (article 13).
- Any complaints regarding the performance of the contract must be submitted without delay and submitted to 10DAYS in full and clearly specified, after the customer has detected the defects or inadequate performance.
- Any complaints submitted to 10DAYS will be answered within a period of 14 days, counting from the date of receipt. If a customer requests a foreseeably longer processing time, 10DAYS will respond within a period of 14 days by sending a confirmation of delivery and an indication as to when the customer can receive a more detailed response.
ARTICLE 14 - ADDITIONAL OR DEVIATING PROVISIONS
- Any additional or deviating provisions departing from these general terms and conditions must not be disadvantageous to the customer and must be set out in writing or recorded in such a way as to enable the customer to store it on a durable medium.
- Any amendments to these general terms and conditions will only apply after they have been published in the appropriate format, with the proviso that, if appropriate amendments are made during the period of an offer, the most favourable terms for the customer will prevail.
ARTICLE 15 - DISPUTES
Any contracts signed between 10DAYS and the customer to which these general terms and conditions relate are subject exclusively to Dutch law.