With the following terms and conditions we follow as much as possible the General conditions of the Dutch homeshopping organization (Nederlandse Thuiswinkel Organisatie). The General conditions of the Dutch homeshopping organization are reached in consultation with the Dutch Consumers Association. Please note that we are not a member of the Dutch homeshopping organization. We are however CBW-recognized! These conditions are governed by Dutch law. These terms and conditions have entered into force on 1st April 2016.
Article 1 – Definitions
In these conditions, the following definitions shall apply:
1. Entrepreneur: the natural or legal person who remotely offers products and/or services to consumers; 2. Consumer: a natural person not acting in the course of a profession or business who agrees to a distance contract with the entrepreneur; 3. “distance contract” means a contract in which the entrepreneur as part of an organized system for distance selling of products and/or services, until the conclusion of the agreement exclusively uses of one or more means of distance communication; 4. Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur having to be in the same room; 5. cooling-off period: the period during which the consumer can make use of his right of withdrawal; 6. Right of withdrawal: the possibility for the consumer to, within the cooling-off period, opt out of the contract; 7. Day: calendar day; 8. Durable medium: any means that allows the consumer or business owner to store information that is addressed to him personally, in a way that future consultation and unaltered reproduction of the information is possible .
Article 2 – Identity of the entrepreneur
De Eerste Kamer
3772 CG Barneveld
Telephone number: +31(0)342-492720
Monday to Thursday: 09:30 am to 17:00 pm. Friday: 9:30 am to 21:00 pm. Saturday: 9:30 am to 3:30 pm. Email address: firstname.lastname@example.org
Chamber of Commerce number: 32101113
VAT identification number: NL 8148.18.286 B01.
Article 3 – Applicability
1. these general conditions apply to all offers of the entrepreneur and to any distance contract concluded between entrepreneur and consumer. 2. Before the distance contract is concluded, the text of these 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 conditions are to be seen at the entrepreneurs and, at the request of the consumer, will be sent as quickly as possible free of charge. 3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions shall be made available to the consumer by electronic means, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the General conditions by electronic means can be heard and that they, at the consumer’s request, by electronic means or otherwise shall be sent free of charge. 4. In addition to these general conditions if specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer, in the event of conflicting terms and conditions, can always rely on the applicable provision that is most favorable to him.
Article 4 – the offer
1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer. 2. the offer contains a complete and accurate description of the products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and/or services (Please note: the product is always in the best quality on the picture shown). Obvious mistakes or errors in the offer are not binding for the entrepreneur. 3. Each offer will contain such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.This concerns in particular: • the price including taxes; • any costs of delivery; • the way in which the contract shall be concluded and which actions this will require; • whether or not application of the right of withdrawal is applicable • the method of payment, delivery or performance; • the deadline for accepting the offer, or the period for adhering to the price; • the level of the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic rate; • If the agreement is filed subsequent to its conclusion, how the consumer is able to consult it; • In which way the consumer, before the conclusion of the agreement,can be informed as to indisirable acts, as well as the way in which he can recover these before the contract is concluded; • any languages in which, in addition to Dutch, the contract can be concluded; • the codes of conduct to which the entrepreneur has subjected and the way in which the consumer can consult these by electronic means; and • the minimum duration of the contract in case of an agreement that aims at continuous or periodic delivery of products or services.
Article 5 – the agreement
1. The agreement is, subject to the provisions of paragraph 4, valid at the time the consumer accepts the offer and complies with the corresponding conditions. 2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract. 3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will ensure appropriate security measures. 4. the entrepreneur can inform himself- whithin statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to accept the agreement, he is entitled to refuse an order or request or to implement special conditions. 5. the entrepreneur will provide the following information regarding the product or service, in writing or in such a way that the consumer can store it on an accessible durable medium, to the consumer: a. the visiting address of the entrepreneurs business where the consumer can lodge complaints; b. the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information on existing after-sales service and guarantees; (d).in article 4, paragraph 3 of these terms and conditions, unless the trader has already provided the consumer before the conclusion of the agreement; e. the requirements for cancellation of the agreement if the contract has a duration of more than one year or is indefinite. 6. If the entrepreneur has committed itself to deliver a series of products or services, the provision of the previous paragraph applies only to the first delivery.
Article 6 – Exclusion of the right of withdrawal upon delivery of tailor-made products, right of withdrawal upon delivery of standard products.
1. With the purchase of custom made products, the consumer has no possibility to dissolve the contract without giving any reason for 7 days. This is in contrast to the right of termination of the agreement for standard products. The agreement for the purchase of standard products is that it may be dissolved within 7 days. This period commences with the purchase of standard products on the day following receipt of the product by or on behalf of the consumer. 2. During this period the consumer will handle the product and the packaging. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product – if possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions given by the entrepreneur.
Article 7 – Costs of withdrawal (only applicable when purchasing standard products)
1. If the consumer exercises his right of withdrawal, the consumer will be liable to pay no more than the return shipping account. 2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 – Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if this is mentioned clearly in the offer, at least in time for the conclusion of the agreement. Please note! That applies to the customized products on the website of www.dek-design.nl www.dek-design.com 2. Exclusion of the right of withdrawal is only possible for products: a. that the entrepreneur has established in accordance with the consumer’s specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that rapidly decay or become obsolete.
Article 9 – the price
1. during the period mentioned in the offer prices of the products and/or services will not be increased, except for price changes due to changes in tax rates and subject to unintentional mistakes in the quotation of the price. 2. by way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and out of the entrepreneur’s control, with variable prices. These fluctuations and the fact that any price mentioned in the offer is subject to change has to be mentioned in the quote. 3. price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations. 4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and: a. they are the result of statutory regulations or provisions; or b. the consumer has the power to terminate the contract on t the day when the price increase takes effect. 5. The prices of products or services mentioned in the quotation include VAT.
Article 10 – Compliance and Warranty
1. The entrepreneur guarantees that the products and/or services fulfill, the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or Government regulations. 2. A manufacturers, importers or entrepreneurs guarantee arrangement offered does not detract from the rights and claims that the consumer has, in the failing in the fulfilment of the obligations of the entrepreneur to the entrepreneur,to assert the basis of the law and/or the distance contract.
Article 11 – Delivery and Execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. 2. The place of delivery is the address that the consumer has made knowable to the company. 3.In compliance with article 4 of these terms and conditions, the accepted orders wil be executed within 30 days, unless a longer delivery has been agreed. Please note! The delivery time for custom made products is 6 weeks. If delivery is delayed, or if an order is not or only partially carried out, the consumer will be notified of this no later than one month after the order was placed. The consumer in this case has the right to terminate the contract without penalty. 4. In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount which the consumer has paid as quickly as possible, but no later than 30 days after the termination of the contract. 5. If delivery of an ordered product proves impossible, the entrepreneur will attempt to make a replacement article available. At the latest at the time of delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. To substitute items, the right of withdrawal cannot be ruled out. The cost of return shipment shall be borne by the entrepreneur. 6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless otherwise expressly agreed. (under delivery, on behalf of the consumer, we mean any delivery to the neighbors or at a company)
Article 12 – Payment
1. As far as not agreed upon later, the amounts due are to be paid by the consumer before delivery of the goods. 2. When there is an agreement to advance payment, the consumer may not assert any rights regarding the implementation of the order or service (s) before the stipulated advance payment has been made. 3. the consumer is obliged to report any inaccuracies in payment data provided or stated without delay to the economic operator. 4. In the event of default by the consumer, the entrepreneur has, subject to statutory limitations, the right to charge the knowable reasonable costs to the consumer.
Article 13-Complaints procedure
1. the company has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure. 2. complaints about the performance of the contract should be , fully and clearly described, submitted to the entrepreneur, after the consumer has identified the flaws. 3.Complaints submitted will be answered within a period of 7 working days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will, within a period of 7 working days, reply with an acknowledgement of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 – Additional or different terms
Additional or different terms to these terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can have them stored on an accessible and durable medium.
Article 15-Amendments to the general terms and conditions
1. Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that applicable changes during the term of an offer, the provision that is most favourable to the consumer will prevail.
Additional terms and conditions
De Eerste Kamer (DEK-design)
Location and visiting address:
3772 CG Barneveld
Telephone number: +31(0)342-492720
Monday-Thursday 9.30 am until 5 pm. Friday 9.30 am until 9 pm. Saturday 9:30 am to 3:30 pm. Email address: email@example.com
Chamber of Commerce number: 32101113
VAT identification number: NL 8148.18.286.B01.
These additional terms and conditions apply to all offers of De Eerste Kamer and DEK-design.
Article 1 – right of withdrawal
If you would like to make use of your right of withdrawal of undamaged and unused items, as defined in article 6 of the general terms and conditions, you can return the items to the following address:
De Eerste Kamer Warehouse
Antonie fokkerstraat 11 J
3772 MP Barneveld
Clearly state the order number, your personal information and your bank details with your return shipment. Or send a copy of your order confirmation or invoice. The costs for the return shipment shall be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 2 – Address
You are expected to notify us in a timely manner to any changes and/or address.
Article 3 – Guarantee
De Eerste Kamer (DEK-design) gives warranty on the delivered items.
Article 4 – Retention of title
The property of the delivered items shall pass on to you when the amount due is paid. The risk of the articles is passed on to you at the time of delivery.
Article 5 – Payment
You pay at once and receive an invoice prior or at the time of delivery. The total amount is payable before delivery. You can use the following payment method: pay with IDEAL. You can then handle the payment during the order process directly with your own bank. The first room (DEK-design) uses the payment system by Mollie.
Article 6 – Language
De Eerste Kamer (DEK-design) offers these general conditions in the Dutch and English language.
Article 7 – Complaints procedure
We do our very best to give you rapid and good service. If you do have a complaint, you need to report it as soon as possible. You can send us an e-mail. Describe the complaint accurately please list the order number of the article(s) and the date of purchase. You can of course also contact us by phone: +31 (0) 342-492720. We are reachable from Monday to Thursday from 9.30 am to 5 pm. On Friday from 9.30 am until 9 pm. On Saturday from 09:30 am until 15:30pm . A letter of complaint can be send to:
De Eerste Kamer
3772 CG Barneveld
You will get a reply within 7 working days on the processing of your complaint.