Terms and Conditions
Article 1 – Definitions
In these conditions the following definitions apply:
Reflection period : the period within which the consumer can use it
exercise his right of withdrawal;
Consumer : the natural person who does not act in the
exercising a profession or business and a distance contract
enters into with the entrepreneur;
Day : calendar day;
Duration transaction : a distance contract regarding
a series of products and/or services, the delivery and/or
purchase obligation is spread over time;
Durable data carrier : any means that the consumer or
enables the entrepreneur to access information that is personal to him
focused, store in a way that allows future consultation and
Unaltered reproduction of the stored information is possible
makes.
Right of withdrawal : the option for the consumer to withdraw
to waive the cooling-off period for the distance contract;
Entrepreneur : the natural or legal person who sells products and/or
offers remote services to consumers;
Distance agreement : an agreement in which
of a sales system organized by the entrepreneur
remotely of products and/or services, up to and including the conclusion of
the agreement exclusively uses one or
more remote communication techniques;
Technology for distance communication : a means that can be used
used for concluding an agreement, without that
consumer and entrepreneur are in the same room at the same time
came together.
General Terms and Conditions : these General Terms and Conditions
of the entrepreneur.
Article 2 – Identity of the entrepreneur
Letseb
Bergmolen 71, 1035 BD, Amsterdam
Email address: Info@plakfestival.com
Chamber of Commerce number: 71968113
VAT identification number: NL002337378B61
Article 3 – Applicability
These general terms and conditions apply to every offer from
the entrepreneur and on every concluded agreement
distance and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text
of these general terms and conditions available to the consumer
stated. If this is not reasonably possible, the
distance contract is concluded, it is indicated that
the general terms and conditions can be viewed at the entrepreneur and they are available on
request of the consumer as soon as possible free of charge
sent.
If the distance contract is concluded electronically, this is possible
notwithstanding the previous paragraph and before the agreement ends
waiver is concluded, the text of these general terms and conditions
be made available to the consumer electronically
stated in such a way that it can be read by the consumer
can easily be stored in a sustainable way
data carrier. If this is not reasonably possible,
the distance contract is concluded are indicated
where the general terms and conditions can be obtained electronically
are taken note of and that they are at the request of the consumer
electronically or otherwise free of charge
sent.
Just in case, in addition to these general terms and conditions
specific product or service conditions apply
the second and third paragraphs apply mutatis mutandis and the
consumer in the event of conflicting general terms and conditions
always rely on the applicable provision that applies to him
is most favorable.
If one or more provisions in these general terms and conditions
be void or destroyed in whole or in part at any time
then the agreement and these conditions remain valid
other provisions will remain in effect and the relevant provision will be agreed upon by mutual agreement
be immediately replaced by a provision that reflects the meaning of
approximates the original as much as possible.
Situations that are not regulated in these general terms and conditions
must be assessed 'in the spirit' of these general terms and conditions
conditions.
Uncertainties about the explanation or content of one or more
provisions of our terms and conditions should be interpreted 'to
the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or under
conditions, this will be expressly stated in the offer
mention.
The offer is without obligation. The entrepreneur is entitled to accept the offer
to change and adapt.
The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficient
detailed to ensure a proper assessment of the offer by the
to make it possible for consumers. If the entrepreneur uses
of images, these are a true representation of the
products and/or services offered. Obvious mistakes or
Apparent errors in the offer do not bind the entrepreneur.
All images and specifications data in the offer are indicative
and cannot give rise to compensation or dissolution
of the agreement.
Images of products are a true representation
of the products offered. Entrepreneur cannot guarantee
that the colors shown correspond exactly to the real ones
colors of the products.
Each offer contains such information that it is useful to the consumer
it is clear what the rights and obligations are that the
acceptance of the offer is linked. This concerns in the
special:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and which one
actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for acceptance of the offer, or the term
within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the
costs of using technology for communication
distance are calculated on a different basis than the regular one
basic rate for the means of communication used;
whether the agreement is archived after conclusion, and so on
yes, how it can be consulted by the consumer;
the way in which the consumer, before concluding the
agreement, the costs incurred by him in the context of the agreement
can check the data provided and restore it if desired;
any other languages in which, in addition to Dutch, the
agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted
and the way in which consumers follow these codes of conduct
can be consulted electronically; and
the minimum duration of the distance contract in the event of a
duration transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4,
established at the time of acceptance by the consumer
the offer and compliance with the associated conditions.
If the consumer has the offer electronically
accepted, the entrepreneur immediately confirms electronically
away from receipt of acceptance of the offer. As long as the
receipt of this acceptance is not by the entrepreneur
confirmed, the consumer can terminate the agreement.
If the agreement is concluded electronically, the
entrepreneur appropriate technical and organizational measures
to secure the electronic transfer of data and ensures
for a safe web environment. If the consumer electronically
can pay, the entrepreneur will make appropriate payments
observe safety measures.
The entrepreneur can inform himself within legal frameworks
determine whether the consumer can meet his payment obligations
meet, as well as all those facts and factors that are important
a responsible conclusion of the distance contract. If
the entrepreneur has good grounds based on this investigation
he has the right to justify not entering into the agreement
to refuse an order or request or to implement it
to impose special conditions.
The entrepreneur will provide the consumer with the product or service
following information, in writing or in such a way that it can be passed on
the consumer can be stored in an accessible manner
on a durable data carrier, include:
a. the visiting address of the entrepreneur's branch where the
consumer can go with complaints;
b. the conditions under which and the manner in which the consumer of
can make use of the right of withdrawal, or a clear one
notification regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the information included in article 4 paragraph 3 of these conditions,
unless the entrepreneur has already provided this information to the consumer
provided 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 of
is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph is only
applies to the first delivery.
Every agreement is entered into under the suspensive effect
conditions of sufficient availability of the relevant
Products.
Article 6 – Right of withdrawal
When purchasing products, consumers have the option
to terminate the agreement without giving reasons
for 14 days. This reflection period starts the day after
receipt of the product by the consumer or in advance by the
designated by the consumer and made known to the entrepreneur
representative.
During the reflection period, the consumer will handle it with care
product and packaging. He will only use the product to that extent
unpack or use as necessary to be able to
assess whether he wishes to keep the product. If he is of his
uses the right of withdrawal, he will return the product with all
supplied accessories and – if reasonably possible – in the
return the original condition and packaging to the entrepreneur,
in accordance with the reasonable and clear information provided by the entrepreneur
instructions.
When the consumer wishes to use his
right of withdrawal, he is obliged to do so within 14 days of receipt
of the product, to be made known to the entrepreneur. It is known
the consumer must do so by means of a written message/
e-mail. After the consumer has indicated use
To exercise his right of withdrawal, the customer must return the product
to be returned within 14 days. The consumer must prove
that the delivered goods have been returned on time, for example by
by means of proof of shipment.
If the customer after expiry of the periods referred to in paragraphs 2 and 3
has not indicated that it wishes to make use of it
right of withdrawal resp. the product is not available to the entrepreneur
returned, the purchase is complete.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal,
will be responsible for the costs of returning the products
of the consumer.
If the consumer has paid an amount, the entrepreneur will
this amount as soon as possible, but no later than within 14 days
revocation, refund. The condition here is that
product has already been received back by the online retailer or conclusively
proof of complete return can be submitted.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exercise the consumer's right of withdrawal
exclude products as described in paragraphs 2 and 3. The
exclusion of the right of withdrawal only applies if the
entrepreneur makes this clear in the offer, at least in time before closing
of the agreement, stated.
Exclusion of the right of withdrawal is only possible for:
Products:
a. that have been established by the entrepreneur in accordance with
consumer specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that can spoil or age quickly;
e. the price of which is subject to financial fluctuations
market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose
consumer has broken the seal.
h. for hygienic products of which the consumer
seal has been broken.
Exclusion of the right of withdrawal is only possible for:
services:
a. regarding accommodation, transport, restaurant business or leisure activities
to be performed on a certain date or during a certain period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the
prices of the products and/or services offered are not increased,
except for price changes as a result of changes in VAT
prices.
Notwithstanding the previous paragraph, the entrepreneur can produce or
services whose prices are subject to fluctuations
the financial market and over which the entrepreneur has no influence,
offering variable prices. This bondage to
fluctuations and the fact that any stated prices
target prices are stated with the offer.
Price increases within 3 months after the conclusion of the
agreement are only permitted if they are the result of
legal regulations or provisions.
Price increases from 3 months after the conclusion of the
agreement are only permitted if the entrepreneur does this
has stipulated and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement
with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are:
including VAT.
All prices are subject to printing and typographical errors. For the
no liability will be accepted for the consequences of printing and typographical errors
accepted. In the event of printing and typographical errors, the entrepreneur is not obliged to do so
to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services
comply with the agreement stated in the offer
specifications, to the reasonable requirements of reliability and/or
usability and the date on which the
agreement existing legal provisions and/or
government regulations. If agreed, the
entrepreneur also guarantees that the product is suitable for others
than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer
does not affect the legal rights and claims that the
consumer on the basis of the agreement towards the
entrepreneur can assert.
Any defects or incorrectly delivered products must be submitted
To be communicated to the entrepreneur in writing 14 days after delivery
reported. Returns of the products must be made in the
original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the
factory warranty period. However, the entrepreneur is never
responsible for the final suitability of the products
for each individual application by the consumer, nor for
any advice regarding the use or application of
the products.
The warranty does not apply if:
The consumer has repaired and/or repaired the delivered products himself
edited or had it repaired and/or edited by third parties;
The products delivered are subject to abnormal conditions
exposed or otherwise handled carelessly or in
are contrary to the instructions of the entrepreneur and/or on the
packaging has been treated;
The defect is wholly or partly the result of
regulations that the government has imposed or will impose with regard to this
of the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care
when receiving and implementing
orders for products.
The place of delivery is the address given to the consumer
company has announced.
With due observance of what is stated in Article 4 of this
terms and conditions is stated, the company will accepted
orders expeditiously, but no later than within 30 days
unless the consumer has agreed to a longer period
delivery term. If delivery is delayed, or
if an order cannot be processed or can only be partially processed
carried out, the consumer will receive this no later than 30 days after
he placed the order message. The consumer has that
case, the right to terminate the agreement without costs and
right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will:
the amount that the consumer has paid as soon as possible,
but no later than within 14 days after dissolution.
If delivery of an ordered product proves to be impossible,
the entrepreneur will make every effort to provide a replacement item
to make available. It will be clearly stated no later than upon delivery
will be communicated in an understandable manner that a replacement item will be received
delivered. The right of withdrawal is not available for replacement items
are excluded. The costs of any return shipment are:
at the expense of the entrepreneur.
The risk of damage and/or loss of products rests
at the entrepreneur until the moment of delivery to the consumer
or a pre-designated and announced to the entrepreneur
representative, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
Termination
The consumer can enter into an agreement for an indefinite period
and which extends to the regular delivery of products
(including electricity) or services, at any time
cancel with due observance of what has been agreed
cancellation rules and a notice period of no more than one month.
The consumer can enter into an agreement for a fixed period
and which extends to the regular delivery of products
(including electricity) or services, at any time
at the end of the fixed term, taking into account
agreed cancellation rules and a notice period
of a maximum of one month.
The consumer can do the things mentioned in the previous paragraphs
agreements:
can cancel at any time and not be limited to canceling on one
certain time or in a certain period;
at least cancel in the same way as they are by him
entered into;
always cancel with the same notice period as the entrepreneur
has negotiated for itself.
Extension
An agreement that has been entered into for a specific period and that lasts
to the regular delivery of products (including electricity
understood) or services, may not be tacitly extended or
renewed for a certain duration.
Notwithstanding the previous paragraph, an agreement that
certain period has been entered into and which extends to regular delivery
of daily news, weekly newspapers and magazines become silent
extended for a fixed period of up to three months, if the
consumer this extended agreement by the end of the
extension can be canceled with a notice period of no more than one
month.
An agreement that has been entered into for a specific period and that lasts
to the regular delivery of products or services is only allowed
be tacitly extended for an indefinite period if the
consumer may cancel at any time with a notice period of
no more than one month and a notice period of no more than three
months in case the agreement extends to the arranged, but
less than once a month, delivering daily, news and
weeklies and magazines.
An agreement with a limited duration until the regulated ter
delivering introductions to daily, news and weekly magazines and
magazines (trial or introductory subscription) are not
tacitly continued and ends automatically after expiry of the
trial or introductory period.
Duration
If an agreement has a duration of more than one year, the
consumer can terminate the agreement at any time after one year
notice period of at most one month, unless the
reasonableness and fairness are against termination before the end of the period
agreed duration.
Article 13 – Payment
Unless otherwise agreed, the information provided by the
Amounts owed by the consumer must be paid within 7
working days after the commencement of the cooling-off period as referred to in
Article 6 paragraph 1. In the case of an agreement to grant a
service, this period starts after the consumer has received confirmation
of the agreement.
The consumer has the obligation to correct any inaccuracies in the information provided or
to report the payment details stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has
subject to legal restrictions, the right to cancel the prior to the
to charge the consumer reasonable costs
to take.
Article 14 – Complaints procedure
Complaints about the implementation of the agreement must be submitted within 7
days are fully and clearly described and submitted to the
entrepreneur, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be processed within a period
of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time,
by the entrepreneur within 14 days
replied with an acknowledgment of receipt and an indication when
the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement
a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur,
unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur,
the entrepreneur at her choice or the delivered products free of charge
replace or repair.
Article 15 – Disputes
On agreements between the entrepreneur and the consumer
to which these general terms and conditions apply
Only Dutch law applies. Even if the
consumer lives abroad.