Terms and Conditions CrocoBricks
Terms and conditions based on model conditions of WebwinkelKeur.
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 – Continuous transactions: duration, termination, and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuous transaction: a distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time;
5. Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally 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 withdrawal form provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded between the entrepreneur and consumer as part of an organized system for the distance sale of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
10. Technology for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room simultaneously.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
CrocoBricks
Beekstraat 61
7606CB Almelo
Netherlands
T
E: info@crocobricks.com
Chamber of Commerce (KVK) Number: 89273575
VAT Number: NL004711451B79
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge at the consumer’s request as soon as possible.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, providing reasons, or to attach special conditions to the execution.
5. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:
– the visiting address of the entrepreneur’s business where the consumer can lodge complaints;
– the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– the information on guarantees and existing after-purchase services;
– the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
– the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of a continuous 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
For the delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must make this known via the model form or through another communication method such as email. After making this known, the consumer must return the product within 14 days. The consumer must prove that the goods were returned in time, for example by providing proof of shipment.
4. If the consumer has not made it clear within the periods referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or if the product has not been returned to the entrepreneur, the purchase is a fact.
For the delivery of services:
1. In the case of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day the agreement was concluded.
2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.
Article 7 – Costs in case of withdrawal
1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method as used by the consumer unless the consumer explicitly agrees to a different method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can, by way of derogation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In cases where, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly, and in the event of conflicting terms, the consumer can invoke the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in effect, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.
6. Situations not regulated by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify 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 the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what their rights and obligations are if the offer is accepted. This particularly concerns:
– the price, including taxes;
– any shipping costs;
– how the agreement will be concluded and what actions are required for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery, and performance of the agreement;
– the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
– the rate for distance communication if the cost of using the distance communication technology is calculated on a basis other than the regular base rate for the used means of communication;
– whether the agreement, once concluded, will be archived, and if so, how the consumer can access it;
– the way in which the consumer can check and, if necessary, rectify the data they have provided as part of the agreement before concluding the contract;
– any other languages in which, in addition to Dutch, the agreement can be concluded;
– the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
– the minimum duration of the distance contract in case of a continuous transaction.
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
– that have been created by the entrepreneur in accordance with the consumer’s specifications;
– that are clearly personal in nature;
– that by their nature cannot be returned;
– that can spoil or age quickly;
– whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
– for individual newspapers and magazines;
– for audio and video recordings and computer software where the consumer has broken the seal;
– for hygienic products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
– related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
– where delivery has begun with the consumer’s express consent before the cooling-off period has expired;
– related to betting and lotteries.
Article 9 – The price
1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from 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 control, at variable prices. This dependency on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
– they result from legal regulations or provisions; or
– the consumer has the right to terminate the agreement as of the day 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 typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. All products are subject to statutory warranty. The duration of the statutory warranty may vary based on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of the defect being discovered.
5. 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 been handled carelessly, or have been treated contrary to the instructions of the entrepreneur and/or the packaging;
– the defect is entirely or partially the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with promptness but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to any compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any of the mentioned periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of termination under 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 termination.
6. If the delivery of a product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest, upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuing Transactions: Duration, Termination, and Renewal
Termination
1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, with due regard for the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time, at the end of the specified period, with due regard for the agreed termination rules and a notice period of no more than one month.
3. The consumer can, with respect to the agreements mentioned in the previous paragraphs:
– terminate them at any time and not be limited to termination at a specific time or during a specific period;
– terminate them in the same manner as they were concluded;
– always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Renewal
1. An agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
2. In deviation from the previous paragraph, an agreement that has been concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, if the consumer can terminate this renewed agreement by the end of the renewal with a notice period of no more than one month.
3. An agreement that has been concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can 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 extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.
Duration
1. 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 dictate otherwise.
Article 13 – Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as stated in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to promptly inform the entrepreneur of any inaccuracies in the provided or stated payment details.
3. In the event of non-payment by the consumer, and subject to legal limitations, the entrepreneur is entitled to charge the reasonable costs that were made known to the consumer in advance.
Article 14 – Complaints Procedure
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 2 months after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer must first contact the entrepreneur. If the webstore is affiliated with WebwinkelKeur and complaints cannot be resolved mutually, the consumer can contact WebwinkelKeur (www.webwinkelkeur.nl) for free mediation. To check if this webstore has an active membership, visit https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have the complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding. Both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which the consumer must pay. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Any additional or deviating provisions from these general terms and conditions must 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.
EN