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Terms and Conditions; Phoenix Atlantic BV
Article 1 - Definitions
In these terms and conditions these phrases shall imply:
- Entrepreneur: the natural or legal entity who offers products and/or remote services to legal entities and individuals; Phoenix Atlantic BV (Ltd);
- Customer: the natural or legal entity having a distance contract with the entrepreneur;
- Distance contract: an agreement made in the context of a system organized by the Entrepreneur for distance sales of products and/or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude a contract, without the customer and trader (entrepreneur) being in the same room;
- Grace period: The period within which the buyer may make use of his right of repeal;
- Right of withdrawal: the ability for the customer to revoce the distance contract within the cooling-off period;
- Day: calendar day;
- Transaction Duration: a distance contract concerning a range of products and/or services, of which the supply and/or purchase is spread over time;
- Durable data carrier: any means that enables the customer or entrepreneur to store information that is directed to him professionally or privately, in a way that makes future consultation and unaltered reproduction of the stored information possible.
Article 2 - Identity of the trader
Phoenix Atlantic BV
Van Dijklaan 17-F, 5581WG Waalre
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 60700963
VAT number: NL854022478B01
IBAN: NL64 ABNA 0424 3419 13
Article 3 - Applicability
- These general conditions apply to every offer and order at Phoenix Atlantic BV and any agreement reached at a distance between entrepreneur and customer.
- The text of these terms and conditions is available to the buyer on the website of the Phoenix Atlantic BV (www.hairfeathers.info) and is digitally sent free of charge upon request from the customer.
- Accepting an offer or placing an order implies that the buyer accepts the applicability of these conditions.
- Provisions of these conditions can only be waived in writing, in which case the other provisions shall remain in force.
- All rights and claims, as in these conditions and any further agreements with Phoenix Atlantic BV (Ltd), are also stipulated for by Phoenix Atlantic BV engaged intermediaries and other third parties.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All offers from Phoenix Atlantic BV are without engagement and Phoenix Atlantic BV expressly reserves the right to change prices, especially when this is necessary due to (legal) regulations.
Article 5 - The contract
- The agreement, with reservations to the provisions of paragraph 4, is established at the moment of acceptance of the offer by the customer by placing an order and meeting the corresponding conditions.
- If the customer has accepted the offer electronically, the trader will confirm receipt of acceptance of the offer via electronical means.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the customer can pay electronically, the trader will take suitable security measures.
- The entrepreneur can - within statutory provisions - acquaint oneself if the buyer can meet his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur as a result of this investigation has justified grounds not to conclude the contract, he is entitled to refuse an order or application or implement special conditions to the agreement.
- If the entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
- When purchasing products, the buyer can cancel the contract without giving any reason within fourteen days. This period starts on the day following receipt of the product by or on behalf of the buyer. However, if this period expires on a non-working day, your deadline is extended till the next working day.
- During this period the customer will treat the product and packaging with outmost care. He will only unpack the product to the extend necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and in original condition and packaging to the entrepreneur, according to instructions provided by the entrepreneur.
- When the right of withdrawal is exercised by the buyer within the period specified in Article 6a paragraph 1, the (undamaged) product with (undamaged) packaging must be returned in the same period.
Article 6b - Right of withdrawal upon delivery of services
- In service delivery, the buyer can cancel the contract without giving any reason within fourteen days, starting on the day of entering into the agreement.
- To exercise his right of withdrawal, the customer shall focus on the relevant information provided by the operator with reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
- If the buyer exercises his right of withdrawal, buyer will be held accountable but not exceeding the cost of return and a maximum of twenty percent of the invoice value for handling on his behalf, provided that the product is undamaged.
- If the customer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
- If the customer does not have a right of withdrawal, the excluding must have been clearly stated in the offer, before or latest at the moment of entering into the agreement by/with the buyer.
- Exclusion of the right of withdrawal is only possible for products
a) which are established in accordance with specifications of the customer by the trader;
b) that are clearly personal in nature;
c) that are obtained by the customer on the basis of a special offer and/or discount.
- Exclusion of the right of withdrawal is only possible for services:
a) the supply with the explicit consent of the customer has started, before the waiting period has expired.
Article 9 - The price
- During the period mentioned in the offer prices of the products and/or services shall not be increased, except for price changes resulting from changes in tax rates.
- The prices for the products and services are in Euros, excluding VAT and excluding handling and shipping, taxes or other charges, unless otherwise stated or agreed.
Article 10 - Conformity and Warranty
- The trader guarantees that the products and/or services meet the specifications as stated in the offer, the reasonable requirements of reliability and/or usability, and on the date of the conclusion of the agreement existing legal provisions and/or government regulations.
- An arrangement offered by the entrepreneur or manufacturer does not affect the rights and claims of the customer in case of failure to fulfil the obligations by the entrepreneur, acting on grounds of the law and/or the distance contract.
- Warranty period is one week from the date of the conclusion of the agreement; on the basis of the normal use of the product and the characteristics thereof.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery address is that which the customer has made known to the company.
- Subject to what is stated in Article 4 of these terms and conditions, the company will implement accepted orders expeditiously but not later than 30 days unless a longer period has been agreed. If the delivery is delayed, or if an order can not be carried out in full or partially, the purchaser will receive an notification no later than one month after placing the order.
- If delivery of an ordered product proves impossible, the trader will endeavour to provide a replacement item if available. Latest at the delivery-moment the customer will be notified that a replacement item is delivered on a clear and comprehensible manner. For replacement items right of withdrawal can not be excluded. The cost of return shipment are for the entrepreneur.
- The risk of damage and/or loss of products until the moment of delivery to the customer lies with the entrepreneur, unless otherwise agreed. If the customer opts for the free shipping option, the risk of damage and/or loss of products lies with the customer.
Article 12 - Duration Transactions
- The customer may terminate a contract that has been concluded for an indefinite period at all times in compliance with the applicable termination rules and a notice of one month.
- A contract for a definite period has a duration of up to two years. If it is agreed that the distance contract by silence of the customer will be automatically renewed, the contract will be continued as a contract for an indefinite period and term of notice for termination of the agreement will be up to one month.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the buyer must be paid when ordering or delivery of the goods or in the case of a contract to provide a service, within 14 days after issuance of the documents relating to this.
- When selling products to customer, he has the option to pay at the moment of ordering if using the free shipping option, or to pay on receipt of the goods when chosen for 'paying on arrival'. If pre-payment is agreed, the buyer may not assert any rights regarding the execution of the order or service(s) before the advance payment has been received by the entrepreneur.
- The buyer has the duty to report inaccuracies, in supplied data or payment, immediately to the entrepreneur.
- In case of payment-default by the customer, the entrepreneur, subject to statutory limitations, has the right to charge the customer prior agreed reasonable costs that have been incurred.
- If the buyer fails to make any payment, Phoenix Atlantic BV is entitled to suspend or dissolve (the performance of) the agreement and related agreements.
Article 14 - Complaints
- Complaints may be submitted in writing to the entrepreneur; preferably via the email address listed on the website, or by registered post to the address of the business listed on the website.
- Complaints about the execution of the agreement must be submitted to the operator immediately after the customer has discovered the defects. Fully and clearly described
- Complaints submitted to the trader will be answered within 30 days from the date of receipt. If a complaint takes a foreseeable longer time to process, the entrepreneur will respond within the period of 30 days with an acknowledgment of the receipt and indicating when the consumer can expect a more detailed answer.
Article 15 - Retention of title
- The ownership of goods is transferred only if the customer has met all that is obliged under any agreement with Phoenix Atlantic BV. The risk in respect of the products is passed to the customer at the time of delivery.
Article 16 - Intellectual and industrial property
- Buyer must unconditionally respect all intellectual and industrial property rights related to the products supplied by Phoenix Atlantic BV.
- Phoenix Atlantic BV does not guarantee that the delivered products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 17 - Orders / communication
- For misunderstanding, delays or transmission of orders and messages resulting from the use of the internet or other communication traffic between client and Phoenix Atlantic BV or between Phoenix Atlantic BV and others, as it relates to the relationship between buyer and Phoenix Atlantic Ltd, Phoenix Atlantic BV is not liable unless it is a case of intent or gross negligence by Phoenix Atlantic BV.
Article 18 - Force Majeure
- Without prejudice to its other rights, Phoenix Atlantic BV case of force majeure, has the right, at its discretion, to suspend the execution of customers order or the agreement without judicial intervention, by informing the customer in writing to communicate and without Phoenix Atlantic BV being liable for any damages, unless this would be unacceptable under the circumstances to standards of reasonableness and fairness.
- Force majeure shall mean any failure that can not be allocated to Phoenix Atlantic BV because it is not due to her fault, and is neither under the law, legal act or generally accepted opinion for its account.
Article 19 - Miscellaneous
- When by Phoenix Atlantic BV, in writing or silently, it has tolerated to deviate from these terms and conditions for a short or longer period of time, this shall not affect its right to demand immediate and strict compliance with these terms and conditions. The customer can not claim any right in case Phoenix Atlantic BV has applied these terms and condition with elasticity.
- If one or more provisions of these terms and conditions or any other agreement with Phoenix Atlantic BV is contrary or in violation to any applicable rule of law, the provision will lapse and be replaced by a new legally comparable provision by Phoenix Atlantic BV.
- Phoenix Atlantic BV is entitled to make use of third parties when executing customers order(s).
Article 20 - Applicable law and competent court
- All rights, obligations, offers, orders and agreements to which these terms and conditions apply, including this condition, only Dutch law is applicable.
- All disputes between parties will solely be submitted to the competent court in The Netherlands.