General conditions

v1.0 January 27, 2020

Article 1: Definitions.

In these terms and conditions, the following definitions apply:

• Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
• Grace period: the period within which the consumer can exercise his right of withdrawal;
• Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
• Day: calendar day;
• Digital content: data produced and delivered in digital form;
• Long-term contract: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
• Durable data carrier: every tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
• Right of withdrawal: the consumer’s option to waive the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
• Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and / or services, where up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2: Identity of the entrepreneur

The Room Consultancy

Acting under the name: Teddy & Beer

Bayershoffweg 50

1852 BC Heiloo

The Netherlands

NL KvK: 75232510 

BTW Nummer: NL002216184B42 

Article 3: Applicability

• These general terms and conditions apply to every offer of Teddy & Bear and to every remote agreement reached between entrepreneur and consumer.
• Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
• If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
• In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general conditions, the consumer can always invoke the applicable provision that is most favorable to him.

 Article 4: The agreement

• The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
• If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
• If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
• The entrepreneur may within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

Article 5: Obligation of withdrawal

• When purchasing all non-personalized products, the consumer has the option of dissolving the contract for 14 days. This withdrawal period starts on the day of receipt of the product by the consumer.
• The consumer is responsible for checking that the personalized order is entered correctly, this applies to spelling, font and embroidery thread color. Should the consumer want to make a change in this afterwards, an email can be sent, if the product has already been taken into production, this can be adjusted at extra cost.
• We try to display color and design specifications as accurately as possible on the screen,
  However, they may vary for the following reasons:
  • Light. Monitors can be calibrated as well as possible but unfortunately reality cannot be calibrated. Light has a major influence on color and its perception.
  • Screen settings. Designs in our web store can also differ in color e from the original due to your screen and or printer settings, such as contrast, brightness, saturation, type of screen, automatic color filter against fatigue, etc.
• You are obligated to check if the delivered items comply with the order. If this is not the case, you can report this within 14 days by e-mail to Teddy & Beer mentioning the invoice number in the subject of the e-mail and a reason why the item does not comply. Teddy & Beer will replace the article or cancel the payment if it is proven that you do not accept the article on valid reasons. Teddy & Beer asks to add pictures in the email.
• During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
• The product offered must be able to be resold. Teddy & Beer will not credit products that have become unsalable due to damaged packaging, stains, or other defects/damage.
• The customer is responsible for loss and/or damage during shipping from the customer to Teddy & Beer. We therefore advise to pack the package well and send it insured if necessary. Damaged returns will not be credited by Teddy & Beer.

Article 6: Costs in case of withdrawal

• The consumer bears the direct costs of returning the product. If the entrepreneur has not notified the consumer that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment.
• If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal, if the return conditions have been met.

Article 7: The price

• During the validity period 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.
• Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
• they are the result of statutory regulations or provisions; or
• the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
• The prices mentioned in the offer of products or services include VAT.
• The entrepreneur cannot be held to price indications that are incorrect, for example as a result of input, typographical or printing errors. No rights can be derived from unlawful price information.

Article 8: Warranty

• The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.

Delivery

• Under normal circumstances, if a product is in stock, products will be shipped via PostNL or DHL within 2 business days after receipt (confirmation) of payment.
• The shipping costs are indicated during checkout of the product. These amounts are composed of several components: postage, packaging costs, administration costs and VAT.
• You are responsible for completion of the correct address where Teddy & Beer sends the order to.

Article 9: Personal data

Personal data is stored in Teddy & Bear’s customer system to process the order. In addition, Teddy & Bear can use your data for internal marketing purposes, such as sending a newsletter (note: you must have given permission for this). Your details will not be passed on to third parties. You can always unsubscribe at any time. Further information on personal data can be found in our Privacy Policy.

Article 10: Liability

Teddy & Beer is not liable for (technical) advice provided by it, printing and typesetting errors on the website, technical data provided by suppliers or producers and unforeseeable and reasonably uncontrollable poor quality of the products.

Article 11: Disputes

Contracts between the entrepreneur and the consumer to which these general conditions relate are exclusively governed by Dutch law.

Disputes are resolved in mutual consultation as much as possible. If that proves impossible, the Dutch court has jurisdiction.

Article 13: Right to change

Teddy & Beer reserves the right to change the terms and conditions and the content of its website in the interim.

All rights reserved.

Please contact us at [email protected] for any further information.