General Terms and Conditions

GENERAL TERMS AND CONDITIONS

Table of contents:
Article 1 – Definitions
Article 2 – The Entrepreneur’s identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
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 guarantee
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Responsibility
Article 16 – Additional or different stipulations

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:
1. Withdrawal period: the period during which the Consumer may exercise the right of withdrawal;
2. Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the Entrepreneur;
3. Day: calendar day;
4. Digital content: data that are produced and supplied in digital form;
5. Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
6. Long-term data carrier: any means – including emails – that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
7. Right of withdrawal: the option for Consumers to withdraw from the distance contract within the withdrawal period;
8. Entrepreneur: the natural of legal person providing distance products and/or services to Consumers;
9. Distance contract: a contract concluded between the Entrepreneur and the Consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
10. Technology for distance communication: a means to be used for concluding an agreement, without the Consumer and the Entrepreneur being together in the same place at the same time.

Article 2 – The Entrepreneur’s identity

Seducci vof
Oranjeboomstraat 198
4812 EM Breda
+31767370111 during office hours GMT+1.
info@seducci.com
Chamber of Commerce number 64351165
VAT identification number NL855628273B01

Article 3 – Applicability

1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise;
4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

Article 4 – The offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
− the price, including taxes;
− any delivery costs, if applicable;
− the way in which the agreement will be concluded, and what actions are needed to establish this;
− whether or not the right of withdrawal is applicable;
− the form of payment, delivery or performance of the contract;
− the time frame for accepting the offer, or, as the case may be, the time frame for honouring the price;
− the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
− if the contract is filed after conclusion, how the Consumer can consult it;
− the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the contract is concluded;
− any languages other than Dutch in which the contract can be concluded;
− the codes of conduct to which the Entrepreneur has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means, and
– the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.

Article 5 – The contract

1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact for any complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
6. If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
7. The Entrepreneur has the right to not accept the order without providing any argument or to accept only under deviating conditions. If the contract can only be executed under deviating conditions, the Consumer holds the right to cancel the contract.

Article 6 – Right of withdrawal

1. When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This withdrawal period starts on the day the product is received by or on behalf of the Consumer or a third party designated by the Consumer.
2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.

Article 7 – Costs in case of withdrawal

1. Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer´s expense.
2. If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. The Entrepreneur can exclude the Consumer from the right of withdrawal as sad in paragraph 2 and 3. If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were realised according to the Consumer’s specifications;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
f. for audio and video recordings and computer software of which the Consumer has broken the seal;
g. regarding betting and lotteries.

Article 9 – The price

1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.

Article 10 – Conformity and Guarantee

1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed the Entrepreneur also guarantees that the product is suited for other than normal designation.
2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the law and/or the distance contract.

Article 11 – Delivery and execution

1. The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the company.
3. With due observance of the stipulations 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 longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer.

Article 12 – Payment

1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days at the moment the withdrawal period as mentioned in article 6 paragraph 1 has started.
2. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
3. In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.

Article 13 – Complaints procedure

1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
3. The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. The Consumer should give the Entrepreneur a time period of at least 4 weeks to solve the complaint in joint consultation. If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.

Article 14 – Disputes

Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

Article 15 – Responsibility

The Entrepreneur will not be responsible for compensation due to direct or indirect damage to persons or objects in case if the product is not suitable for the purpose of purchase.

Article 16 – Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the Consumer and should be recorded in writing, or in such a way that Consumers can store them in a readily accessible manner on a durable medium.