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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 - 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 in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional warranty

Article 13 - Delivery and implementation

Article 14 - Duration transactions: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Sector guarantee

Article 19 - Additional or deviating provisions

Article 20 - Amendments to the general terms and conditions of Stichting Webshop Keurmerk


Article 1 - Definitions

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

Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur. or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and products,

     


    1. Distance contract: an agreement 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 exclusive or partial use is made up to and including the conclusion of the agreement. one or more techniques for distance communication;
      Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
      Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time;

      Article 2 - Identity of the entrepreneur

      Name entrepreneur: Hypnotic store bv trading under the name Fervento - Tjalk 32 - 2411NZ Bodegraven

      Email address: info@fervento-store.com

      Chamber of Commerce number: 76894851

      VAT identification number: NL860829704B01

     


    If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory authority;



    If the entrepreneur practices 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 instructions where and how these professional rules can be accessed

       


      Article 3 - Applicability

      These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and
      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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be free of charge as soon as possible at the request of the consumer.
      If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be can be easily stored 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 inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

         


        Article 4 - The offer

        If an offer has a limited period of validity or is made subject to conditions, this will be explicitly included in the offer.


        The offer contains a complete and accurate description of the products, digital content and / or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services and / or digital products being offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
        Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.


        Article 5 - The agreement

        The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
        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 cancel the agreement
        If the agreement is concluded electronically, the entrepreneur 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, the entrepreneur will observe appropriate security measures.The
        entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to impose special conditions on the implementation. 


        Article 6 - Right of withdrawal

        For products:

        The consumer can enter into an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without stating reasons.The entrepreneur may ask the consumer about the reason for the withdrawal, but this cannot be stated require reason (s).
        The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
        if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, an order for several products with different delivery times
        if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a a third party designated by him, has received the last shipment or the last part; 

         


          Article 7 - Obligations of the consumer during the reflection period

          During the reflection 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, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed in a store.The
          consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes further than allowed in member
          The consumer is not liable for the depreciation of the product if the entrepreneur does not have all legally required information about the right of withdrawal before or at the conclusion of the agreement.

             


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

            If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
            As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
            The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear provided by the entrepreneur.The
            risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

               

               

                14 days return period
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