Terms and Conditions
Introduction
Below you will find our General Terms and Conditions. These are always applicable when you use or place an order via our Website and contains important information for you as a buyer. Therefore, read the General Terms and Conditions carefully. We also recommend that you save or print these conditions so that you can read them back at a later date.
Definitions
1 De Barnsteen Specialist: established in Halsteren NL and registered with the Chamber of Commerce under registration number 56741944, trading under the name De Barnsteen Specialist.
2 Website: the website of De Barnsteen Specialist, which can be consulted via www.debarnsteenspecialist.nl, www.meteoriet.eu and all subdomains associated with it.
3 Customer: the natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an Agreement with De Barnsteen Specialist and/or has registered on the Website.
4 Agreement: every agreement or agreement between De Barnsteen Specialist and Customer, of which the General Terms and Conditions form an integral part.
5 General Terms and Conditions: these General Terms and Conditions.
Applicability of the General Terms and Conditions
1 All offers, agreements and deliveries of De Barnsteen Specialist are subject to the General Terms and Conditions, unless explicitly agreed otherwise in writing.
2 If the Customer includes in its order, confirmation or communication provisions or conditions deviating from or not appearing in the General Terms and Conditions, these are binding on De Barnsteen Specialist only if and insofar as they have been explicitly accepted in writing by De Barnsteen Specialist.
3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, these conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favourable to him.
Prices and information
1 All prices mentioned on the website and in other materials from De Barnsteen Specialist are inclusive of VAT and, unless otherwise stated on the website, other government-imposed levies. If you use a VPN or otherwise conceal your origin, prices may be displayed incorrectly. For this, De Barnsteen Specialist is not liable.
2 If shipping costs are charged, this will be clearly stated in good time before the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3 The content of the Website has been compiled with the utmost care. However, the Barnsteen Specialist cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other of The Barnsteen Specialist Materials are therefore subject to obvious programming and typing errors.
4 The Barnsteen Specialist cannot be held responsible for (colour) deviations as a result of screen quality.
5 If you, as a foreign entrepreneur, wish to make use of the VAT reverse charge mechanism, you can do so by creating an account in our webshop. After ordering, we will check your VAT number and the name on the order. If these do not match we will cancel the order. This may take longer than 24 hours before your order is dispatched. The VAT reverse charge mechanism is not available when you place an order as a guest. It is also not possible to credit once paid VAT in order to still make use of the arrangement.
Realisation of an Agreement
1 The Agreement is concluded at the moment of acceptance by the Customer of the offer of De Barnsteen Specialist and compliance with the conditions set by De Barnsteen Specialist.
2 If the Client has accepted the offer by electronic means, De Barnsteen Specialiston immediately confirms receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the Customer has the possibility to dissolve the Agreement.
3 If it appears that incorrect information was provided by the Customer when accepting the Agreement or entering into it in any other way, De Barnsteen Specialist is entitled to fulfil its obligation only after the correct information has been received.
4 The Barnsteen Specialist can inform himself within the framework of the law whether the Customer can fulfil his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If De Barnsteen Specialist has good reason not to enter into the Agreement on the basis of this investigation, he is entitled to refuse an order or request or to attach special conditions to the execution, such as advance payment.
Registration
1 In order to make optimal use of the Website, the Customer can register via the registration form/account registration option on the Website.
2 During the registration procedure, the Customer chooses a user name and password with which it can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
3 Customer must keep his login details strictly confidential with regard to his username and password. The Barnsteen Specialist is not liable for misuse of the login data and may always assume that a Customer who logs on to the Website is actually that Customer. Anything that happens via the Customer's account is the responsibility and risk of the Customer.
4 If the Customer knows or suspects that his login details have come into the hands of unauthorised persons, he must change his password as soon as possible and/or notify De Barnsteen Specialist accordingly, so that De Barnsteen Specialist can take appropriate measures.
Execution Agreement
1 As soon as the order has been received by De Barnsteen Specialist, De Barnsteen Specialist sends the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
2 The Barnsteen Specialist is entitled to engage third parties in the performance of the obligations arising from the Agreement.
3 The Website shall clearly describe, in good time before the conclusion of the Agreement, the manner in when shipping will take place and the period within the products will be shipped. If no delivery time has been agreed or stated, products will in any case be shipped out within 7 days.
4 If De Barnsteen Specialist is unable to ship the products within the agreed period of time, it will inform the Customer accordingly. In that case, the Customer can agree to a new shipping date or will be given the opportunity to dissolve the Agreement free of charge.
5 The Barnsteen Specialist advises the Customer to inspect the delivered products and to report any defects found within 24 hours, preferably in writing or by e-mail. See in more detail the Article concerning guarantee and conformity.
6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to Customer. If expressly agreed otherwise, the risk will be transferred to the Customer earlier. If the Customer decides to collect the products, the risk passes when the products are transferred.
7 The Barnsteen Specialist is entitled to deliver a similar product of similar quality to the product ordered, if the product ordered is no longer available. Customer is then entitled to dissolve the agreement free of charge.
8 When De Barnsteen Specialist ships outside the European Union there is the possibility that taxes and import duties apply on our shipments. Import duties, customs, import formalities and handling, etc. Are at all times the responsibility of the buyer/recipient as also the costs coming from this.
Right of return
1 This article shall apply only if the customer is a natural person resident in the EU who is not acting in the exercise of his profession or business. Business Customers therefore do not have a right of return. The Customer has the right to dissolve the Remote Agreement with De Barnsteen Specialist free of charge within 14 calendar days after receipt of the product, without giving reasons. The right of return does not apply to products specially tailored to the customer such as handwritten certificates of authenticity and for products that cannot be returned due to hygienic reasons such as massage pencils or worn baby products. The period commences on the day after the Customer or a third party, other than the carrier and designated in advance by the Customer, has received the product, or:
- if the Customer has ordered more than one product in the same order: the day on which the Customer, or a third party designated by the Customer, received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which Customer, or a third party designated by it, received the last shipment or part;
- in the case of agreements for regular delivery of products during a certain period of time: the day on which the Customer, or a third party designated by him, has received the first product.
2 Only the direct costs for the return shipment are for the account of Customer. The Customer must therefore bear the return costs himself. If these costs are higher than the standard postal rate, De Barnsteen Specialist will provide an estimate of these costs.
Any costs paid by Customer for shipment and payment of the product to Customer will be refunded upon return of the entire order. If the order is returned because of non-acceptance, non-pick-up at a pick-up location or an incorrectly communicated address, the products will be refunded minus the return costs.
3 Within the withdrawal period referred to in paragraph 1, the Customer shall handle the product and its packaging with due care. Customer shall only open the packaging and use the product to the extent necessary to verify the nature, characteristics and operation of products. The basic principle here is that this inspection may not go beyond what Customer could do in a physical shop.
4 Customer is only liable for depreciation of the product resulting from a way of dealing with the product that goes beyond what is permitted in the previous paragraph.
5 The Customer may terminate the Agreement in accordance with paragraph 1 of the term stipulated in this Article by sending the model withdrawal form (digitally) to De Barnsteen Specialist, or by notifying De Barnsteen Specialist in another unequivocal manner that he renounces the purchase. In the event of a digital report, the Barnsteen Specialist will confirm receipt of the report. After termination, Customer still has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set out in paragraph 1 of this Article, provided that the model withdrawal form or other unequivocal statement for withdrawal is enclosed.
Products can be returned to:
The Barnsteen Specialist
Hoge Braak 12
4661 HW Halsteren
the Netherlands
6 Any amounts already paid (in advance) by the Customer shall be refunded to the Customer as soon as possible, but no later than 14 days after the dissolution of the Agreement, in the same way as the Customer has paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, De Barnsteen Specialist does not have to reimburse the additional costs for the more expensive method. Customer must at all times provide the track and trace code of the returned package via the email address: [email protected]
Unless De Barnsteen Specialist offers to collect the product itself, De Barnsteen Specialist may wait until De Barnsteen Specialist has received the product or until Customer demonstrates that he has returned the product, whichever time is earlier.
7 Information about the applicability of the right of withdrawal and any desired procedure shall be clearly stated on the Website in good time before the conclusion of the Agreement.
Payment
1 The Customer must make payments to De Barnsteen Specialist in accordance with the payment methods specified in the order procedure and, if applicable, on the Website. The Barnsteen Specialist is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, Customer has a payment term of 14 days starting on the day after delivery.
Warranty and Conformity
1 This article only applies if it concerns a Customer who is not acting in the exercise of his profession or business. If De Barnsteen Specialiste provides a separate guarantee for the products, this applies to all types of Customers, without prejudice to what has just been stated.
2 De Barnsteen Specialist guarantees that the products comply with the Agreement, with the specifications stated in the offer, with the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the date on which the Agreement was concluded. If specifically agreed, De Barnsteen Specialist also guarantees that the product is suitable for use other than normal.
3 A guarantee provided by De Barnsteen Specialist, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke on the basis of the Agreement.
4 If the delivered product does not comply with the Agreement, the Customer must inform De Barnsteen Specialist of this within a reasonable period of time after he has discovered the defect.
5 If De Barnsteen Specialist considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. With due observance of the Article concerning liability, the maximum compensation is equal to the price paid by the Customer for the product.
Complaint Procedure
1 If the Customer has a complaint about a product (in accordance with Article 4 regarding guarantee and conformity) and/or about other aspects of the services of De Barnsteen Specialist, he can submit a complaint to De Barnsteen Specialist by telephone, e-mail or mail. See the contact details at the bottom of the General Terms and Conditions.
2 De Barnsteen Specialist will give the Customer a reaction to his complaint as soon as possible, but in any case within 3 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, De Barnsteen Specialist will confirm this within 3 days after receipt of the complaint and give an indication of the period within which it expects to give a substantive or definitive response to the Customer's complaint.
Liability
1 This Article shall only apply if the Customer is a natural person or legal entity acting in the exercise of its profession or business.
2 The total liability of De Barnsteen Specialist towards the Customer on account of an attributable shortcoming in the performance of the Agreement is limited to compensation of up to the amount of the price stipulated for that Agreement (including VAT).
3 Liability of De Barnsteen Specialist towards the Customer for indirect damage, including in any case - but explicitly not limited to - consequential damage, loss of profit, lost savings, loss of data and damage due to business interruption, is excluded.
4 Except for the cases mentioned in the previous two paragraphs of this Article, De Barnsteen Specialist has no liability towards the Customer for damages, regardless of the ground on which an action for damages would be based. However, the restrictions referred to in this Article will cease to apply if and insofar as damage is the result of intent or gross negligence on the part of De Barnsteen Specialist.
5 The liability of De Barnsteen Specialist towards the Customer due to an imputable failure to perform an agreement only arises if the Customer immediately and properly issues a written notice of default to De Barnsteen Specialist, setting a reasonable term to remedy the failure, and De Barnsteen Specialist continues to fail to perform its obligations after that term. The notice of default must contain as detailed a description as possible of the shortcoming, so that De Barnsteen Specialist is able to respond adequately.
6 The condition for any right to compensation is always that the Customer reports the damage to De Barnsteen Specialist in writing as soon as possible, but no later than 30 days after it occurs.
7 In the event of force majeure, De Barnsteen Specialist is not obliged to compensate any damage incurred by the Customer as a result.
Retention of title
1 As long as the Customer has not made full payment for the entire agreed amount, all goods delivered will remain the property of De Barnsteen Specialist.
Personal Data
1 The Barnsteen Specialist processes the Customer's personal data in accordance with the privacy statement published on the Website.
Final provisions
1 The Agreement shall be governed by the laws of the Netherlands.
2 Insofar as not otherwise prescribed by mandatory rules of law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where De Barnsteen Specialist is established.
3 If any provision in these General Terms and Conditions proves to be null and void, this shall not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) as a replacement, whereby the intention of the original provision will be given shape as much as is legally possible.
4 In these General Terms and Conditions, "in writing" also means communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us by e-mail.
De Barnsteen Specialist
Hoge Braak 12
4661 HW HALSTEREN
tel 0636561877
e [email protected]
Chamber of Commerce 56741944
