General terms and conditions

Table of contents

  1. Definitions
  2. Entrepreneur's details
  3. Applicability
  4. Offer
  5. Conclusion of the agreement
  6. Right of withdrawal
  7. Costs in case of revocation
  8. Exclusion of right of withdrawal
  9. Price and payments
  10. Delivery & execution
  11. Conformity & Warranty
  12. Payment
  13. Complaints procedure
  14. Liability
  15. Intellectual property
  16. Changes to the terms and conditions
  17. Disputes / applicable law

Article 1 - Definitions

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

  1. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into an agreement with an entrepreneur.
  2. Entrepreneur: Beartjes BV
  3. Agreement: any distance contract between entrepreneur and consumer.
  4. Reflection period / cancellation period: the period within which the consumer can cancel the agreement.
  5. Duration transaction: agreement in which the delivery and/or purchase is spread over a period.
  6. Durable medium: any instrument which enables the consumer to store information in a way accessible for future reference.


Article 2 - Data of the entrepreneur

Beartjes BV

PO Box 15615

1001 NC Amsterdam

info@beartjes.com

Chamber of Commerce number: 69601763

VAT number: [NLxxxxxxxxBxx]


Article 3 - Applicability

  1. These terms and conditions apply to every offer made by the entrepreneur and to every conclusion of a distance contract.
  2. The text of these terms and conditions will be made available to the consumer before the agreement is concluded.
  3. If, in addition to these general terms and conditions, specific terms and conditions also apply to certain products or services, the specific terms and conditions shall take precedence, provided that this is in the consumer's interest.


Article 4 - Offer

  1. An offer contains a complete and clear description of the products or services, including price, delivery costs, payment method, and whether the right of withdrawal applies.
  2. The images in the offer are as accurate a representation of the product as possible, but may differ slightly (colours, finish).
  3. An offer is valid while stocks last or for the stated validity period.

Article 5 - Conclusion of the agreement

  1. The agreement is concluded when the consumer accepts the offer and meets the conditions set out therein.
  2. After receiving acceptance, the entrepreneur will send an order confirmation by e-mail.
  3. The entrepreneur can – within the legal framework – check the consumer's creditworthiness and refuse an order or impose additional conditions if there are good reasons.

Article 6 - Right of withdrawal

  1. Consumers have the right to cancel the contract within 14 days after receiving the product without giving any reason.
  2. The cooling-off period starts on the day after you receive the product.
  3. During the cooling-off period, the consumer must handle the product with care.
  4. To exercise the right of withdrawal, the consumer must notify the entrepreneur (e.g. by e-mail) and return the product in accordance with the instructions.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the direct costs of return will be borne by him, unless otherwise agreed.
  2. After withdrawal, the entrepreneur will refund the amount paid (including any standard shipping costs sent) no later than 14 or 30 days after receipt of the notice of withdrawal, but not before the product has been received or proof of shipment has been provided.

Article 8 - Exclusion of right of withdrawal

The right of withdrawal may be excluded for certain products if this is clearly stated before the conclusion of the contract, for example:

  • Products that have been specifically customized or personalized by the consumer.
  • Broken seals, hygiene products (if applicable).
  • Products that can spoil or become obsolete quickly.

Article 9 - Price and payments

  1. All prices listed are inclusive of VAT and other charges, unless expressly stated otherwise.
  2. Shipping costs are listed separately and affect the total price.
  3. Prepayment may be required but may not (according to some laws) exceed a certain percentage (depending on legislation).
  4. In the event of non-payment, additional costs may be charged, to the extent permitted by law.


Article 10 - Delivery & Execution

  1. Delivery will take place at the address specified by the consumer.
  2. The entrepreneur strives to execute orders within a reasonable period of time (e.g. within 30 days), unless otherwise agreed.
  3. If the delivery time is exceeded, the consumer will be informed and has the right to cancel the agreement.
  4. Until the moment of delivery, the risk of damage or loss rests with the entrepreneur (unless otherwise agreed).
  5. If certain items are not available, the consumer will be informed of this and the agreement can be (partially) terminated.

Article 11 - Conformity & Warranty

  1. The entrepreneur guarantees the soundness of the products and that they meet the agreement, the expectations based on the quotation/description and the reasonable requirements of usability.
  2. Any (additional) guarantees from the manufacturer or importer do not affect the statutory rights of the consumer.
  3. The consumer must report complaints about defects within a reasonable time (for example within 2 months after discovery).


Article 12 - Payment

  1. Payment must be made via the payment methods offered within the timeframe as stated.
  2. If the payment term is exceeded, the consumer is in default, without the need for further notice of default.
  3. In the event of default, the entrepreneur may charge statutory interest and collection costs, to the extent permitted by law.


Article 13 - Complaints procedure

  1. The entrepreneur has a clearly accessible complaints procedure.
  2. Complaints must be submitted in a timely, complete and clearly described manner (e.g. by email).
  3. An acknowledgement of receipt will be sent within 14 days of receipt of the complaint.
  4. If the complaint requires more time, a provisional response will be given within 14 days, indicating when a full response will follow.


Article 14 - Liability

  1. The entrepreneur's liability is limited to what is stated in these terms and conditions, unless there is intent or gross negligence.
  2. Indirect damages (such as loss of turnover) are generally excluded to the extent permitted by law.
  3. The entrepreneur is not liable for damage caused by improper use, normal wear and tear, or modifications by the consumer.

Article 15 - Intellectual property

All intellectual property rights to the website, trademarks, texts, images, designs, etc., belong to the entrepreneur or its licensors. Use of these materials without prior written permission is prohibited.


Article 16 - Amendment of the terms and conditions

  1. The entrepreneur reserves the right to change the conditions.
  2. Amended terms and conditions will be published on the website and will not apply to agreements already concluded, unless otherwise agreed.

Article 17 - Disputes / applicable law

  1. These terms and conditions and all agreements are governed by Dutch law, to the exclusion of the Vienna Sales Convention.
  2. Disputes between consumers and entrepreneurs are preferably resolved by mutual agreement in the first instance.
  3. If no solution is found, the consumer can turn to the competent court or, where applicable, a dispute resolution body or European ODR platform (via ec.europa.eu/consumers/odr).