General Terms and Conditions

 

Kaartenverzamelen.nl

Trade name of Ashvice B.V.

 

Table of Contents:
Article 1 – Definitions
Article 2 – Identity of Kaartenverzamelen.nl
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 – Long-term Transactions: Duration, Termination, and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Kaartenverzamelen.nl;
3. Day: calendar day;
4. Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or Kaartenverzamelen.nl to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that Kaartenverzamelen.nl makes available for a consumer to complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance contract: an agreement whereby, within the framework of a system organized by Kaartenverzamelen.nl for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
10. Means of distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously in the same room.
11. General Terms and Conditions: these General Terms and Conditions of Kaartenverzamelen.nl.

 

Article 2 – Identity of Kaartenverzamelen.nl
Kaartenverzamelen.nl
Boeijerstraat 116

1483 TL De Rijp

Phone number: +31610936675
Email address: info@kaartenverzamelen.nl

Chamber of Commerce number: 92872956
VAT identification number: NL866200599B01

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer from Kaartenverzamelen.nl and to every distance contract concluded and orders placed between Kaartenverzamelen.nl 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected at Kaartenverzamelen.nl and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them 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 consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. 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 the consumer can always invoke the most favorable applicable provision in case of conflicting general terms and conditions.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the scope of the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

 

Article 4 – The Offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. Kaartenverzamelen.nl is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Kaartenverzamelen.nl uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Kaartenverzamelen.nl.
4. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are not a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. However, Kaartenverzamelen.nl does its best to find a card that comes closest to the photo.
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o any shipping costs;
o the way in which the agreement will be concluded and what actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and execution of the agreement;
o the term for acceptance of the offer, or the term within which Kaartenverzamelen.nl guarantees the price;
o the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the used communication medium;
o whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;
o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify it;
o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which Kaartenverzamelen.nl has subjected itself and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the case of a long-term transaction.

 

Article 5 – The Agreement

1. 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 conditions set.
2. If the consumer has accepted the offer electronically, Kaartenverzamelen.nl will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Kaartenverzamelen.nl, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Kaartenverzamelen.nl 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, Kaartenverzamelen.nl will observe appropriate security measures.
4. Kaartenverzamelen.nl can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If Kaartenverzamelen.nl, based on this investigation, has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. Kaartenverzamelen.nl will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the Kaartenverzamelen.nl establishment where the consumer can lodge complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4 paragraph 3 of these terms and conditions, unless Kaartenverzamelen.nl has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.
6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

 

Article 6 – Right of Withdrawal

You have the right to cancel your order up to 14 days after the day of receipt without giving any reason. After cancellation, you have another 14 days to return your product. You will then be credited with the full order amount, including shipping costs. Only the costs for returning the product from your home to the webshop are for your own account. These costs amount to approximately €7.25 per package; please consult the website of your carrier for the exact rates. 

If you exercise your right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories and – if reasonably possible – in its original condition and packaging. Should the product be damaged or the packaging be more damaged than necessary to resell the product, we may pass on this reduction in value of the product to you. Please handle the product with care and ensure it is well packaged upon return.

To exercise this right, you can contact us at info@kaartenverzamelen.nl. We will then refund the owed order amount within 14 days of your return notification, provided the product has already been received back in good order by the webshop or conclusive proof of complete return can be provided.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the costs of return will be borne by the consumer.
2. If the consumer has paid an amount, Kaartenverzamelen.nl will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided.

 

Article 8 – Exclusion of Right of Withdrawal

1. Kaartenverzamelen.nl may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Kaartenverzamelen.nl has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by Kaartenverzamelen.nl according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which Kaartenverzamelen.nl has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.

 

Article 9 – The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, Kaartenverzamelen.nl may offer products or services whose prices are subject to fluctuations in the financial market and over which Kaartenverzamelen.nl has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Kaartenverzamelen.nl has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. 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, Kaartenverzamelen.nl is not obliged to deliver the product according to the incorrect price.

 

Article 10 – Conformity and Warranty

1. Kaartenverzamelen.nl 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 government regulations existing on the date the agreement was concluded. If agreed, Kaartenverzamelen.nl also guarantees that the product is suitable for other than normal use.
2. A warranty provided by Kaartenverzamelen.nl, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Kaartenverzamelen.nl on the basis of the agreement.
3. Any defects or wrongly delivered products must be reported to Kaartenverzamelen.nl in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. The warranty period of Kaartenverzamelen.nl corresponds to the factory warranty period. However, Kaartenverzamelen.nl is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
o The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
o The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in contravention of the instructions of Kaartenverzamelen.nl and/or those on the packaging;
o The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

 

Article 11 – Delivery and Execution

1. Kaartenverzamelen.nl will exercise the utmost care when receiving and executing product orders and when assessing applications for services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, Kaartenverzamelen.nl will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, Kaartenverzamelen.nl will endeavor to make a replacement item available. It will be clearly and comprehensibly stated upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the consumer.
7. The risk of damage and/or loss of products sent with the "T&T Letter" and "Parcel" option rests with Kaartenverzamelen.nl until the moment of delivery to the PostNL transporter. If the "Insured" option is chosen for shipping, the risk of damage and/or loss of products rests with Kaartenverzamelen.nl until the moment of delivery to the consumer.

 

Article 12 – Long-term Transactions: Duration, Termination and Extension

Termination
1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time against the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
o at any time and not be limited to termination at a specific time or in a specific period;
o at least terminate in the same way as they were entered into by him;
o always terminate with the same notice period as Kaartenverzamelen.nl has stipulated for itself.

Extension
4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement against the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to Kaartenverzamelen.nl.
3. In the event of non-payment by the consumer, Kaartenverzamelen.nl has the right, subject to legal limitations, to charge the reasonable costs previously made known to the consumer.

 

Article 14 – Complaints Procedure

1. Kaartenverzamelen.nl has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to Kaartenverzamelen.nl within 7 days, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to Kaartenverzamelen.nl will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Kaartenverzamelen.nl will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. A complaint does not suspend the obligations of Kaartenverzamelen.nl, unless Kaartenverzamelen.nl indicates otherwise in writing.
6. If a complaint is found to be justified by Kaartenverzamelen.nl, Kaartenverzamelen.nl will, at its discretion, either replace or repair the delivered products free of charge.

7. It can always happen that something doesn't go exactly as planned. We recommend that you first notify us of complaints by emailing info@kaartenverzamelen.nl. 

8. In case of complaints, a consumer should first contact the entrepreneur. If the web store is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check if this web store has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution cannot be reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by WebwinkelKeur. Their decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee.

 

Article 15 – Disputes

1. Agreements between Kaartenverzamelen.nl and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

 

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.