General Terms and Conditions – Resilient Amsterdam

https://www.resilientamsterdam.com/
General terms and conditions based on the model conditions of the WebwinkelKeur.

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions:

  1. Cooling-off period: the period during which the consumer can make use of the right of withdrawal.
  2. Consumer: the natural person not acting in the course of a profession or business who enters into a distance agreement with the entrepreneur.
  3. Day: calendar day.
  4. Duration transaction: a distance agreement relating to a series of products and/or services, where delivery and/or purchase obligations are spread over time.
  5. Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
  6. Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period.
  7. Model form: the withdrawal form made available by the entrepreneur.
  8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.
  9. Distance agreement: an agreement concluded using distance communication techniques only.
  10. Distance communication technique: means used to conclude an agreement without both parties being physically present.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Resilient Amsterdam
Rozengracht 189
1016 LZ Amsterdam
Netherlands

Phone: (061) 906-2721
Email: dionirysb@gmail.com
Chamber of Commerce: 80408230
VAT number: NL003433906B01

Article 3 – Applicability

  1. These general terms apply to every offer and agreement between entrepreneur and consumer.
  2. Before concluding the agreement, these terms are made available to the consumer.
  3. If concluded electronically, the terms are provided digitally in a storable format.
  4. If additional conditions apply, the consumer may rely on the most favorable provision.
  5. If provisions become invalid, the remainder remains in force.
  6. Situations not covered shall be interpreted according to the spirit of these terms.
  7. Ambiguities are interpreted according to the spirit of these terms.

Article 4 – The Offer

  1. Limited validity or conditions are clearly stated.
  2. Offers are non-binding.
  3. Descriptions are complete and accurate.
  4. Images are indicative only.
  5. Colors may differ from actual product colors.
  6. The offer includes information about:
  • Price including taxes
  • Shipping costs
  • Method of agreement formation
  • Right of withdrawal
  • Payment and delivery methods
  • Acceptance period
  • Communication costs
  • Archiving of agreement
  • Data correction options
  • Available languages
  • Codes of conduct
  • Minimum duration (if applicable)

Article 5 – The Agreement

  1. Agreement is concluded upon acceptance by the consumer.
  2. Electronic acceptance is confirmed immediately.
  3. Secure data transmission is ensured.
  4. Entrepreneur may assess consumer creditworthiness.
  5. Consumer receives:
  • Complaint address
  • Withdrawal conditions
  • Warranty information
  • Agreement details
  • Termination requirements
  1. Duration transactions apply only to first delivery.
  2. Agreements depend on product availability.

Article 6 – Right of Withdrawal

For Products

  1. Consumers may withdraw within 14 days without reason.
  2. Product must be handled carefully.
  3. Consumer must notify withdrawal within 14 days.
  4. If not returned in time, purchase becomes final.

For Services

  1. Withdrawal possible within 14 days after agreement.
  2. Consumer follows provided instructions.

Article 7 – Costs in Case of Withdrawal

  1. Return shipping costs paid by consumer.
  2. Refund within 14 days after withdrawal.
  3. Consumer liable for damage from improper handling.
  4. Consumer not liable if legal information was not provided.

Article 8 – Exclusion of Right of Withdrawal

Withdrawal may be excluded for:

  • Custom-made products
  • Personal items
  • Perishable goods
  • Financial market dependent goods
  • Newspapers/magazines
  • Opened software/media
  • Hygiene products

Also excluded for services:

  • Accommodation, travel, events
  • Services started with consent
  • Betting/lotteries

Article 9 – Price

  1. Prices remain fixed during offer validity.
  2. Variable pricing allowed for market-dependent goods.
  3. Price increases within 3 months only if legally required.
  4. After 3 months only under stated conditions.
  5. Prices include VAT.
  6. Printing errors reserved.

Article 10 – Conformity and Warranty

  1. Products conform to agreement and legal standards.
  2. Warranty does not affect statutory rights.
  3. Defects must be reported within 2 months.
  4. Warranty equals manufacturer warranty.
  5. Warranty excluded if:
  • Consumer modified product
  • Improper use
  • Government regulations affected materials

Article 11 – Delivery and Execution

  1. Orders handled with care.
  2. Delivery to provided address.
  3. Delivery within 30 days unless agreed otherwise.
  4. Delivery times indicative.
  5. Refund within 14 days if cancelled.
  6. Replacement items possible.
  7. Risk remains with entrepreneur until delivery.

Article 12 – Duration Transactions

Termination

Consumers may terminate:

  • Indefinite contracts anytime (1 month notice)
  • Fixed-term contracts at end (1 month notice)

Renewal

  • No automatic renewal for fixed-term contracts
  • Exceptions for magazines/newspapers
  • Trial subscriptions end automatically

Duration

Contracts longer than one year may be cancelled after one year.

Article 13 – Payment

  1. Payment within 7 working days.
  2. Consumer must report payment errors.
  3. Entrepreneur may charge reasonable costs for non-payment.

Article 14 – Complaints Procedure

  1. Complaints handled via procedure.
  2. Complaints submitted within 2 months.
  3. Response within 14 days.
  4. Disputes may arise if unresolved.
  5. EU ODR platform available
    http://ec.europa.eu/odr
  6. Complaint does not suspend obligations.
  7. Valid complaints lead to repair/replacement.

Article 15 – Disputes

  1. Dutch law applies.
  2. Vienna Sales Convention excluded.

Article 16 – Additional or Deviating Provisions

Additional provisions must:

  • Not disadvantage consumer
  • Be recorded in writing
  • Be stored on a durable medium

In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved through mutual agreement, the consumer must contact WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/ . If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee.

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