TERMS & CONDITIONS
Art. 1 - General
This terms and condition are applicable – and are an integral part of – every offer and/or agreement with Agatha Amsterdam, registrated at the Chamber of Commerce Amsterdam with the number 71881220. Any other terms and conditions of a other party will be hereby rejected and are formal not applicable.
Art. 2 - Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
The natural person who does not act for purposes related to his/her commercial or professional activities;
2. Reflection period:
The by Dutch law arranged period during which the consumer may use his right of withdrawal;
3. Right of withdrawal:
The by Dutch law arranged consumer option not to proceed with the distance agreement;
4. Distance contract:
A contract concluded between Agatha Amsterdam and the consumer whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
5. 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;
6. Standard form for withdrawal:
The European standard form for withdrawal included in Appendix 1.
Art. 3 – Applicability
1. These General Terms and Conditions apply to any offer from Agatha Amsterdam and to any distance contract concluded by Agatha Amsterdam and the consumer.
2. Before concluding a distance contract, Agatha Amsterdam shall make the text of these terms and conditions available free of charge and as soon as possible.
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 with a storable PDF-document.
4. In the event that specific product 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 the consumer.
Art. 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated by Agatha Amsterdam in the offer.
2. The offer contains a most accurate as possible description of the product offered. The description is suitably detailed to enable the consumer to assess the products adequately. If Agatha Amsterdam makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes or light color deflection in pictures do not bind Agatha Amsterdam.
3. All offers contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Art. 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. Agatha Amsterdam can not be bind to a contract without the consumer accepted this terms and conditions also presented before the consumer place the order.
2. If the consumer accepted the offer via electronic means, Agatha Amsterdam 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, Agatha Amsterdam will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment with for example encryption via SSL. If the Consumer can pay electronically (for example iDeal or Creditcard the the third that delivers this services to Agatha Amsterdam shall observe appropriate security measures.
4. Agatha Amsterdam may in a case the consumer wants to pay after delivery with for example Afterpay, but also 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, Agatha Amsterdam or a third party 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, Agatha Amsterdam 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:
a. the contact address of Agatha Amsterdam where the consumer may get into contact with any complaints;
b. 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;
c. the information corresponding to existing after-sales services and guarantees;
d. 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;
e. the requirements for cancelling the contract;
f. the standard form for withdrawal if the consumer has the right of withdrawal.
Art. 6 – Right of withdrawal
1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days by law.
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 or her in advance and who is not the carrier, or
a. 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. Agatha Amsterdam may refuse an order of several products with different delivery dates provided that he clearly informs the consumer prior to the order process.
b. 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.
c. 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.
Art. 7 – Consumer’s obligations during the time of reflection
1. During the time of refection the consumer shall handle the product and the packaging with care.
2. The consumer is liable for any decrease in value of the product as a result a way of handling the product that causes this decrease in value, but the Consumer is not liable for any decrease in value of the product if Agatha Amsterdam has not provided him with legal information about the right of withdrawal before concluding the agreement.
Art. 8 – Exercising the Consumer’s right of withdrawal and the costs
1. If the consumer exercises his right of withdrawal he shall notify Agatha Amsterdam unambiguously with the standard form for withdrawal within the period of reflection.
2. The consumer shall return the product to Agatha Amsterdam as soon as possible but always between fourteen days counting from the day of delivery and with all delivered accessories and in the original state and packing.
3. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall always on the consumer.
4. The consumer shall bear the direct costs of returning the product.
5. If the consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Art. 9 - Exclusion of the right of withdrawal
Agatha Amsterdam can exclude the right of withdrawal but only if Agatha Amsterdam notified this clearly when making the offer or at any rate in good time before concluding the agreement for 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 and/or when the performance was started with the consumer’s explicit prior consent and/or if the consumer stated that he will lose his right of withdrawal by doing so.
Art. 10 - The price
1. The prices of the products provided on the website of Agatha Amsterdam shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. A increase of price within three months after concluding the contract is permitted if they are the result of new legislation.
3. All prices indicated in the provision of products or services are including VAT.
Art. 11 – Limited guarantee of 6 months
1. Agatha Amsterdam guarantees that her products comply with the contract (for normal use) 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.
2. This limited guarantee counts for 6 months after the product(s) is c.q. are delivered to the consumer.
Art. 12 – Delivery
1. Agatha Amsterdam 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 and provided to Agatha Amsterdam.
3. The risk of loss and/or damage to products will be borne by Agatha Amsterdam until the time of delivery to the consumer or a representative appointed in advance and made known to the consumer.
Art. 13 – Payment
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the consumer done in advance via Paypal, Applepay, iDeal, Creditcard or Sofort.
2. The consumer can not assert any right regarding the execution of the order before making the agreed advance payment.
Art. 14 – Disputes
1. Contracts between Agatha Amsterdam and the consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Art.15 - Copyright
The information on this website is protected by Dutch law. Copying, selling or reproducing text, images and/or other content from this website is forbidden.