Terms and Conditions for Atelier Elpelut

Welcome to Atelier Elpelut!

These terms and conditions outline the rules and regulations for the use of Elpelut B.V.'s Website, located at https://www.elpelut.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Atelier Elpelut if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Atelier Elpelut, you agreed to use cookies in agreement with the Elpelut B.V.'s Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Elpelut B.V. and/or its licensors own the intellectual property rights for all material on Atelier Elpelut. All intellectual property rights are reserved. You may access this from Atelier Elpelut for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Atelier Elpelut

  • Sell, rent or sub-license material from Atelier Elpelut

  • Reproduce, duplicate or copy material from Atelier Elpelut

  • Redistribute content from Atelier Elpelut

 

This Agreement shall begin on the date hereof. 

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

 

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • dot.com community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • educational institutions and trade associations.

 

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Elpelut B.V.; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Elpelut B.V.. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

 

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

 

No use of Elpelut B.V.'s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

General Terms and Conditions shopping

 

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Articee 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur at withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings

  1. Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;

  2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;

  4. Day: calendar day;

  5. Digital Content: data produced and delivered in digital form;

  6. Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;

  7. Durable medium: every tool - including e-mail - which enables the consumer or entrepreneur to store information which is addressed to him personally, in a way that allows for future consultation or use during a period which is tailored to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;

  8. Right of withdrawal: the possibility of the consumer to waive the distance contract within the cooling-off period;

  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance

  10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication

  11. Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions. Annex I does not need to be made available if the Consumer does not have a right of withdrawal with regard to his order;

  12. Technique for distance communication: means that can be used for the conclusion of 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

 

Sonya Groot and Esther de Munnik, Elpelut B.V., Dorpsstraat 15, 3433 CH Nieuwegein, chamber of commerce no.: 85115223

 

Visiting Address: Atelier Elpelut, Carretera Ibiza - San Josep KM 5,5, 07817 San Josep, Ibiza - Spain

E-mail address: sonya@elpelut.com

Chamber of Commerce number: 85115223

VAT identification number:

 

If the entrepreneur's activity is subject to a relevant licensing regime: the details of the supervisory authority.

 

If the entrepreneur is engaged in a regulated profession:

  • the professional association or organization with which he is affiliated;

  • the professional title, the place in the EU or the European Economic Area where it is awarded;

  • a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules can be accessed.

 

Article 3 - Applicability

  1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.

  2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible, at the consumer's request.

  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means 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 conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.

  4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting conditions.

 

Article 4 - The offer

  1. If an offer has a limited duration or is made subject to conditions, this shall be explicitly stated in the offer.

  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.

  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 5 - The agreement

  1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.

  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

  3. If the agreement is created electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure for a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.

  4. The entrepreneur may, within the limits of the law, investigate whether the consumer can fulfill 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 reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

  5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:

    1. a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

    2. b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

    3. c. the information on guarantees and existing after-sales service;

    4. d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract

    5. e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

    6. f. if the consumer has a right of withdrawal, the model form for withdrawal.

  6. In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

In case of products:

  1. The consumer can dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

  2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:

    1. a. if the consumer has ordered multiple 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 prior to the ordering process, refuse an order for multiple products with a different delivery time.

    2. b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

    3. c. in case of contracts 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.

 

For services and digital content not supplied on a tangible medium:

  1. The consumer may terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

  2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the contract.

  3. Extended cooling off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

  4. 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.

  5. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received this information.

 

Article 7 - Obligations of the consumer during the reflection period

  1. the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, features and functioning 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 store.

  2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.

  3. The consumer is not liable for depreciation 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 contract.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model form for withdrawal or in any other unambiguous manner.

  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.

  3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must 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.

  6. If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount that is proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full extent of the commitment.

  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

    1. a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in the event of withdrawal or the model form for withdrawal, or;

    2. b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

  8. The consumer shall not bear any cost for the complete or partial delivery of digital content not supplied on a tangible medium if:

    1. a. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period prior to its delivery;

    2. b. he has not acknowledged losing his right of withdrawal when giving his consent; or

    3. c. the trader has failed to confirm this declaration by the consumer.

  9. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay.

  2. The entrepreneur shall reimburse all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.

  3. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

 

Article 10 - Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;

  2. Contracts concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is present in person or has the opportunity to be present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

  3. Service contracts, after full performance of the service, but only if:

    1. a. the execution has started with the consumer's explicit prior consent; and

    2. b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely executed the contract;

  4. Package holidays as referred to in article 7:500 Civil Code and contracts of passenger transport;

  5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;

  6. Agreements relating to leisure activities, if the agreement provides for a certain date or period of performance;

  7. Products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;

  8. Products that spoil quickly or have a limited shelf life;

  9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

  10. Products that after delivery by their nature are irrevocably mixed with other products;

  11. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;

  12. Sealed audio-, video-recordings and computer software, of which the seal has been broken after delivery;

  13. Newspapers, magazines or journals, with the exception of subscriptions to these;

  14. The delivery of digital content other than on a tangible medium, but only if:

    1. a. the execution has started with the express prior consent of the consumer; and

    2. b. the consumer has declared that he thereby loses his right of withdrawal.

 

Article 11 - The price

  1. During the period of validity mentioned 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.

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.

  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

    1. a. they are the result of statutory regulations or provisions; or

    2. b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

  5. The prices mentioned in the offer of products or services include VAT.

 

Article 12 - Fulfilment of contract and additional guarantee

  1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.

  3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.

 

Article 13 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in assessing applications for the provision of services.

  2. The place of delivery is the address that the consumer has made known to the entrepreneur.

  3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.

  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid without delay.

  5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.

 

Article 14 - Duration transactions: duration, termination and renewal

Termination:

  1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month.

  2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.

  3. The consumer can the agreements mentioned in the previous paragraphs:

    1. terminate at all times and not be limited to termination at a specific time or in a specific period;

    2. - at least cancel in the same way as they were entered into by him;

    3. - always terminate them with the same notice as the entrepreneur has stipulated for himself.

 

Renewal:

  1. A contract entered into for a definite period of time and which is for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.

  2. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to 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 this renewed contract towards the end of the extension with a notice of up to one month.

  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate at any time with a notice period of up to one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

  4. A contract with a limited duration for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

 

Duration:

  1. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness resisting the termination before the end of the agreed term.

 

Article 15 - Payment

  1. Insofar not otherwise specified in the contract or additional conditions, the amounts due by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.

  2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service (s), before the stipulated prepayment has taken place.

  3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

  4. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may depart from the amounts and percentages stated for the benefit of the consumer.

 

Article 16 - Complaints procedure

  1. The entrepreneur 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 the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.

  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated 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 message of receipt and an indication when the consumer can expect a more detailed answer.

  4. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint in mutual agreement. After this period a dispute arises that is subject to the dispute resolution procedure.

 

Article 17 - Disputes

  1. On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law.

 

Article 18 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible way on a durable data carrier.

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