Terms and Conditions
General Terms and Conditions Simeon Vintage
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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
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Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
- **Supplementary agreement:** an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.
- **Cooling-off period:** the period within which the consumer can make use of his right of withdrawal.
- **Consumer:** the natural person who is not acting for purposes relating to his trade, business, craft or profession.
- **Day:** calendar day.
- **Digital content:** data produced and supplied in digital form.
- **Continuing agreement:** an agreement that provides for the regular delivery of goods, services and/or digital content over a specific period.
- **Durable medium:** any instrument that enables the consumer or entrepreneur to store information addressed personally to him for future use and which allows for unchanged reproduction.
- **Right of withdrawal:** the option for the consumer to cancel the distance contract within the cooling-off period.
- **Entrepreneur:** the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.
- **Distance contract:** an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling.
- **Model withdrawal form:** the European model withdrawal form.
- **Distance communication technology:** a means that can be used to conclude an agreement without the consumer and entrepreneur having to be in the same room at the same time.
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Article 2 - Identity of the entrepreneur
Simeon Vintage BV
Email address: info@simeonvintage.nl
Chamber of Commerce number: 77715233
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Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically, so that it can be easily stored on a durable data carrier.
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Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. If the entrepreneur uses images, these are a true representation of the products offered.
3. Obvious errors or mistakes in the offer do not bind the entrepreneur.
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Article 5 - The Agreement
1. The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically.
3. The entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment.
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Article 6 - Right of withdrawal
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason.
2. The cooling-off period commences on the day after the consumer, or a third party designated by the consumer, has received the product.
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Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product.
2. The consumer is liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted.
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Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period using the model withdrawal form or in another unambiguous manner.
2. The consumer shall return the product as soon as possible, but within 14 days from the day of cancellation.
3. The costs for returning the product are for the account of the consumer, unless the entrepreneur indicates that he will bear these costs.
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Article 9 - Obligations of the entrepreneur in case of withdrawal
1. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs, without delay but within 14 days after the day on which the consumer reports the withdrawal. Unless the entrepreneur collects the product himself, he may wait with reimbursement until he has received the product or the consumer proves that the product has been returned.
2. The entrepreneur will use the same payment method for reimbursement as the consumer used for the original transaction.
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Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude products and services from the right of withdrawal if:
1. Products manufactured according to consumer specifications.
2. Sealed products which are not suitable for return for hygiene reasons and were unsealed.
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Article 11 - The price
1. During the period of validity 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.
2. The prices stated in the offer of products or services include VAT.
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Article 12 - Compliance with the agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement and with reasonable requirements of soundness and/or usability.
2. Additional warranty may not go beyond the legal obligations of the entrepreneur.
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Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when executing orders for products.
2. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.
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Article 14 - Duration transactions: duration, termination and extension
1. The consumer can terminate an agreement for an indefinite period at any time with a notice period of up to one month.
2. An agreement entered into for a fixed period may not be tacitly extended or renewed for a fixed period.
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Article 15 - Payment
1. Unless otherwise specified in the agreement, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period.
2. If the consumer does not meet his payment obligation on time, the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him.
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Article 16 - Complaints procedure
1. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described.
2. Complaints will be answered within 14 days.
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Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer are exclusively governed by Dutch law.
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Article 18 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or stored in an accessible manner.