General Terms and Conditions

General Terms and Conditions

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 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration of Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract concerning a series of products and/or services, for which the obligation of supply and/or purchase is spread over time.
Durable medium: Any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Model withdrawal form: The model form for withdrawal provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
Distance contract: A contract concluded in the framework of an organized system for remote sales of products and/or services, whereby exclusive use is made of one or more remote communication techniques up to and including the conclusion of the contract.
Remote communication technique: A means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same place at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Afrisculpts
Koekoekslaan 11, 7622AN, Borne, Netherlands
Tel.: +31 6 48882219
Email: afrisculpts@outlook.com
Chamber of Commerce Number: 86366416
VAT Number: NL004235729B94

Article 3 - Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request by the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions shall remain in effect for the remainder, and the void or annulled provision shall be replaced by a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the contract.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information for the consumer to understand the rights and obligations attached to accepting the offer. This particularly concerns:
- The price including taxes;
- Any shipping costs;
- The manner in which the contract will be concluded and the necessary steps for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the contract;
- The period for accepting the offer or the period within which the entrepreneur guarantees the price;
- The cost of remote communication if these costs differ from the standard basic rate for the used communication method;
- Whether the contract is archived after its conclusion and, if so, how it can be accessed by the consumer;
- The way in which the consumer can check and correct the information they provided before concluding the contract;
- Any other languages in which the contract may be concluded besides Dutch;
- The codes of conduct to which the entrepreneur has submitted and how the consumer can consult them electronically;
- The minimum duration of the distance contract in the case of a long-term transaction;
- Optional: available sizes, colors, types of materials.
- Article 9 - Price
  
  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.
  Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market and the entrepreneur has no influence over them. This dependence on fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
  Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
  Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  
  a. they result from legal regulations or provisions; or
  
  b. the consumer has the right to terminate the agreement as of the date the price increase takes effect.
  
  The prices mentioned in the offer of products or services include VAT.
  All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
  
  Article 10 - Conformity 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 reliability and/or usability, and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
  Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
  Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Returned products must be sent in their original packaging and be in new condition.
  The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
  The warranty does not apply if:
  - The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  - The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
  - The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
  Article 11 - Delivery and Execution
  
  The entrepreneur will take the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
  The place of delivery is the address that the consumer has made known to the company.
  Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders promptly but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
  All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a deadline does not entitle the consumer to compensation.
  In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. It will be clearly and understandably communicated no later than upon delivery that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
  The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
  
  Article 12 - Duration Transactions: Duration, Termination, and Renewal
  
  Termination
  
  The consumer may terminate an agreement that has been entered into for an indefinite period and that covers the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  The consumer may terminate an agreement that has been entered into for a fixed period and that covers the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  The consumer may:
  - Terminate the agreements mentioned above at any time and not be restricted to termination at a specific time or in a specific period;
  - At least terminate in the same manner as the agreements were entered into;
  - Always terminate with the same notice period as the entrepreneur has stipulated for itself.
  Renewal
  
  A fixed-term agreement covering the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  Contrary to the previous paragraph, a fixed-term agreement covering the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
  A fixed-term agreement covering the regular delivery of products or services may only be tacitly renewed 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 if the agreement covers the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  A limited-duration agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
  
  Duration
  
  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
  
  Unless otherwise agreed, amounts due by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
  The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.
  
  Article 14 - Complaints Procedure
  
  The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
  Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects, fully and clearly described.
  If a complaint cannot be resolved mutually, a dispute arises that is subject to the dispute resolution procedure.
  
  Article 15 - Disputes
  
  Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
  
  Article 16 - Additional or Deviating Provisions
  
  Additional or deviating provisions from these general terms and conditions must not be to the consumer's detriment 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.