Terms and Conditions

Index:

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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure

Article 1 - Definitions

In these conditions the following terms have the following meanings:

    Reflection period: the period within which the consumer can make use of his right of withdrawal;
    Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
    Day: calendar day;
    Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
    Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
    Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
    Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
    General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.


Article 2 - Identity of the entrepreneur

Marijke Sewing Patterns

Marijke van der Veen
L. Naarstigstraat 16
1063EN Amsterdam
E-mail address: info@Marijke-sewing-patterns.com
Chamber of Commerce number: 80916309
VAT identification number: NL003505187B21

Article 3 - Applicability

    These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
    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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
    If the distance contract is concluded electronically, in deviation 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 at the request of the consumer electronically or otherwise.
    By placing an order, these general terms and conditions are expressly accepted by 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 stated in the offer.
    The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
    The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
    All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
    Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in it
    special:
        the price including taxes;
        the possible costs of shipping;
        the way in which the agreement will be concluded and which actions are required for this;
        whether or not the right of withdrawal applies;
        the method of payment, delivery and implementation of the agreement;
        the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
        the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
        whether the agreement will be archived after the conclusion, and if so, how it can be consulted by the consumer;
        the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if desired, restore it;
        any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
        the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
        the minimum duration of the distance contract in the event of a length transaction.


Article 5 - The agreement

    Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
    If the consumer has accepted the offer electronically, the trader 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.
    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 secure web environment. If the consumer can pay electronically, the entrepreneur will take 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 conclusion of 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, with reasons, or to attach special conditions to the implementation.
    The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a.the visiting address of the business location of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing service after purchase;

d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

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

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
    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 assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
    If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
    If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

    If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
    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 conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
    In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
    The consumer cannot be held liable for the value reduction of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

    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 only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
    Exclusion of the right of withdrawal is only possible for products:

a.that have been created by the entrepreneur in accordance with the specifications of the consumer;

c. that cannot be returned due to their nature;

    For digital products such as PDF cartridges and E-books purchased via the Webshop, the same right of withdrawal and cancellation applies as referred to in Article 8, with the exception of Digital Products that have already been downloaded by the consumer after the purchase via the website. By downloading, the consumer explicitly agrees that the entrepreneur gives the consumer permission to access the Digital Product and that the consumer thereby waives the right to make use of the right of withdrawal and cancellation.
    The (intellectual property) rights to the Digital Products offered by Marijke Sewing Patterns belong to Marijke Sewing Patterns. The consumer only obtains a personal, non-exclusive and non-transferable right to use the Digital Product.
    Marijke Sewing Patterns patterns may not be copied, loaned, or made available to third parties in any way or used for commercial purposes. The manufacture of clothing from the patterns purchased by us for sale to third parties is therefore not permitted.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
    Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
    Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory 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 are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.

    The prices stated in the offer of products or services include VAT.
    All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong 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 legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
    A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
    Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.


Article 11 - Delivery and implementation

    The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
    The place of delivery is the address that the consumer makes known to the company.
    With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
    All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
    In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
    If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account 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 pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.


Article 13 - Payment

    The consumer must make the payments to the entrepreneur by means of the payment methods indicated in the order procedure. The entrepreneur is free to choose payment methods and may make changes.


Article 14 - Complaints procedure

    The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
    Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has identified the defects

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