Terms and Conditions

Article 1 – Definitions

In these terms and conditions:

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 delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period : the period within which the consumer can make use of his right of withdrawal;
Consumer : the natural person who does not act for purposes related to his trade, business, craft or profession;
Day : calendar day;
Digital content : data produced and delivered in digital form;
Duration contract : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal : the option of the consumer 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 : an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. becomes of one or more distance communication techniques;
Model withdrawal form : the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal with regard to his order;
Technique for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time.

Article 2 - Company data

Trade name: Stone by Stone diamond painting
Chamber of Commerce number: 81928610
VAT number: NL003627118B03
Email: info@dutsj.nl

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored 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 they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. .

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – Services and product prices

The Consumer can turn to the entrepreneur with regard to all legal rights he has against the Supplier, provided that this is in accordance with the provisions of these General Terms and Conditions.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
A composite quotation does not oblige the entrepreneur to deliver part of the goods included in the offer or quotation against a corresponding part of the quoted price.

Article 6 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Within legal frameworks, the entrepreneur can 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about warranties and existing after-sales service;
- If the consumer has a right of withdrawal, the model form for withdrawal.

Article 7 – Right of withdrawal

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period, determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 8 - Obligations of the consumer during the reflection period

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 9 - Exercising the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 10 - Costs in case of withdrawal

If the Consumer makes use of his Right of Withdrawal, the costs of returning will be borne by him.
If the Consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the entrepreneur or the Supplier or that conclusive proof of complete return can be submitted. Reimbursement will preferably be made using the same payment method used by the Consumer, unless the Consumer or entrepreneur gives permission for a different payment method.
In the event of damage to the product due to careless handling by the Consumer himself, the Consumer is liable for any reduction in value of the product.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 11 - Exclusion Right of Withdrawal

The following products are excluded from the Right of Withdrawal:

products that cannot be returned due to their nature;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
Products that can spoil or age quickly;
Products whose price is subject to fluctuations in the financial market on which Steen voor Steen diamond painting has no influence;
Audio and video recordings and computer software of which the Buyer has broken the seal;
Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products manufactured at Buyer's request, in accordance with Buyer's specifications;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.

Article 12 - Compliance with the agreement and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or provisions existing on the date of the conclusion of the agreement. or government regulations.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

Article 13 - Delivery and performance

The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the Buyer has made known to the entrepreneur.
Entrepreneur will execute accepted orders expeditiously. However, all delivery times are indicative, for the delivery of products originating from outside the Netherlands, longer delivery times apply than indicated on the website as an indication. This term depends on the delivery time of the Supplier. The Buyer can never derive any rights from any stated terms. If an order cannot or only partially be executed, the Buyer will be notified of this no later than 30 days after he has placed the order. In that case, the buyer who is a Consumer has the right to dissolve the agreement free of charge with regard to the products that cannot be delivered or cannot be delivered within a reasonable period of time. The entrepreneur is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. the entrepreneur is entitled to invoice the delivered goods separately. Exceeding a term does not entitle the Buyer to compensation.
In the event of dissolution in accordance with the provisions of paragraph 3 of this article, the entrepreneur will refund the amount paid by the Buyer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, Steen for the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are then borne by the entrepreneur and bears the risk of damage and/or loss of products until the moment of delivery to the Buyer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise. Accepting goods without comments on the consignment note/invoice is proof that the packaging was in good condition at the time of delivery.
Delivery times on the website of the entrepreneur are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.

Article 14 - Payment

Unless otherwise agreed, the amounts owed by the Buyer must be paid immediately after placing the order (or entering into the agreement).
The Buyer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
If the Consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the Consumer a period of 14 days to still meet his payment obligations, after the failure to payment within this 14-day term, the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500. = and 5% on the next € 5,000. = with a minimum of € 40.00. The entrepreneur can deviate from the stated amounts and percentages to the benefit of the Consumer.

Article 15 – Provisions regarding website and products

Entrepreneur is not responsible for errors and/or irregularities in the functionality of its website and is not liable for malfunctions or the unavailability of the website for any reason.
The entrepreneur does not guarantee a correct and complete transfer of the content of e-mail sent by / on behalf of the entrepreneur, nor for the timely receipt thereof.
All claims of the Buyer due to shortcomings on the part of the entrepreneur lapse if they have not been reported in writing and with reasons to the entrepreneur within one year after the Buyer became aware or could reasonably have been aware of the facts on which he bases his claims.
Entrepreneur expressly rejects - insofar as permitted by law - all liabilities and claims of Buyers and third parties who have suffered (physical) damage due to careless, incorrect or unnecessary use of the products. The products must only be used in accordance with the instructions for use. In the event of medication use, the Buyer must always consult his general practitioner.
Any advice given by the entrepreneur about the use of the products is only general and non-binding in nature. Each Buyer must assess on his own responsibility whether the product is suitable for him. In case of doubt, the Buyer's doctor or general practitioner should be contacted for an assessment of the use in the specific case.
The personal care products as well as electrical appliances must be kept out of the reach of young children. In addition, the products must be stored in accordance with the instructions for use determined for each product. entrepreneur recommends consulting an expert before using the external care products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients.

Article 16 – Force majeure

The Entrepreneur is not liable towards the Buyer if it is unable to fulfill its obligations under the agreement as a result of a force majeure situation. Force majeure is in any case understood, in addition to what is understood in this regard by law and jurisprudence: (i) force majeure of suppliers of the entrepreneur, (ii) government measures, (iii) electricity failure, (iv) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (v) natural disasters, (vi) war and terrorist attacks, (vii) general transport problems, (viii) strikes in the company of the entrepreneur and (ix) other situations that fall outside the sphere of influence of the entrepreneur that temporarily or permanently prevent the fulfillment of its obligations.
Parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
Insofar as the entrepreneur has already partially fulfilled his obligations under the agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, the entrepreneur is entitled to to be invoiced separately. The buyer is obliged to pay this invoice as if it were a separate agreement.

Article 17 – Complaints

In the event of complaints, a Buyer must first turn to A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
Complaints about the implementation of the agreement must be submitted fully and clearly described within 10 days after the Buyer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
The Buyer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
If a complaint is found to be justified by the entrepreneur, the delivered products will be replaced or repaired free of charge. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
For complaints, a consumer can also turn to a disputes committee via the European ODR Platform (https://ec.europa.eu/consumers/odr/).

Article 18 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the Buyer to which these General Terms and Conditions apply, even if the Buyer lives abroad. All disputes arising from or as a result of the agreement between the entrepreneur and the Buyer will be settled by a competent court in the Netherlands, unless this is not reasonably possible.
The Vienna Sales Convention does not apply.

Annex I: Model withdrawal form

Model withdrawal form

(only fill in and return this form if you want to cancel the contract)

To: Brick by Brick diamond painting ( stating return )

Tjalk23 16

steenvoorsteen@dutsj.nl

I/We* share(s)* hereby informing you that I/We* concerning our agreement

the sale of the following products: [description of product]*

revoked/revoked*

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address consumer(s)]

[Signature consumer(s)] (only if this form is submitted on paper)

[Date]

* Strike out what is not applicable or fill in what is applicable

Terms and Conditions

Sign up for our newsletter