ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply:
1. Withdrawal period: the period during which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person not acting in the course of a profession or business and who is entering into a distance contract with the Trader;
3. Day: calendar day;
4. Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
5. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Trader: the legal entity who offers products and/or services to consumers from a distance;;
8. Distance contract: a distance contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded
9. Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same place at the same time;
ARTICLE 2 - THE ENTREPRENEUR’S IDENTITY
Frankly Amsterdam BV
Keesje Brijdeplantsoen 16
t: +31(0) 20 737 0818
Chamber of Commerce nummer: 34393141 VAT Identification number: NL8224.39.414.B01
ARTICLE 3 - APPLICABILITY
These terms and conditions apply to every offer made by Trader and to every distance contract that is realized between the Trader and the Consumer.
Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically.
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 enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
ARTICLE 5 - THE CONTRACT
1. The contract will be concluded at the moment at which the Consumer followed all the steps of the order process on the website fully and therefor has sent all mandatory information to Trader.
2. If the Consumer has accepted the offer electronically, the Trader will immediately confirm receipt of the electronic acceptance of the offer.
3. If the contract is concluded electronically, the Trader 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 take appropriate security measures.
ARTICLE 6 - RIGHT OF WITHDRAWAL
1. When purchasing products, the consumer has the ability to dissolve the contract without giving any reason during 14 (fourteen) days. This period commences on the day after the product was received by – or on behalf of – the Consumer.
2. During this period the Consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
ARTICLE 7 - COST OF WITHDRAWAL
1. If the Consumer exercises his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
2. If the Consumer has paid an amount, the Trader will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION OF WITHDRAWAL
1. The trader can only exclude the consumer from having a right of withdrawal if he clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. which are established by the Trader in accordance with the Consumer's specifications;
b. that are clearly personal in nature or custom made;
c. that cannot be returned due to their nature;
ARTICLE 9 - THE PRICE
1. The Trader may not be held liable for deviations in prices, pictures and texts of products such as screened and mentions on the website.
2. The prices of the products as stated on the website include VAT and exclude delivery charge.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. The Trader guarantees that the products comply with the agreement and the reasonable requirements of reliability and/or usability.
2. Products with an open (knitting or weaving) structure are more sensitive to contact with sharp objects such as: jewelry, nails etc. Therefore it cannot be guaranteed that complaints related to ladders and/or holes will be accepted.
ARTICLE 11 - DELIVERY AND EXECUTION
The Trader will take the greatest possible care when receiving and implementing orders for products.
The place of delivery is the address that the Consumer has notified to the company.
Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest one month after the order was placed. In this case, the consumer has a right to dissolve the contract, free of charge.
In case of dissolution in accordance with the previous paragraph, the Trader will refund the Consumer with the sum paid as soon as possible, but no later than 30 days after dissolution.
Should delivery of a product that has been ordered prove impossible, the Trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles.
The risk of damage and/or loss of products rests upon the Trader up to the moment of delivery to the consumer, unless this has explicitly been agreed otherwise. From the time of delivery, the risk of damage and/or loss of the product rests upon the Consumer.
ARTICLE 12 - PAYMENT
The Consumer may pay the ordered products by means of credit card/Paypall, iDeal or through prepayment.
Payment needs to be complete before the Trader proceeds to delivery.
ARTICLE 13 - COMPLAINTS PROCEDURE
The Trader provides for a complaints procedure that has been given sufficient publicity and deals with the complaint in accordance with this complaints procedure.
Complaints about exercising the contract must be submitted to the Trader without delay, fully and clearly defined, after the Consumer has discovered the defects.
A reply to complaints submitted to the Trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the Trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
ARTICLE 14 - DISPUTES
All contracts between an Trader and Consumer on which the general terms and conditions apply, are subject to Dutch law only.
The applicability of the Vienna Sales Convention is explicitly excluded.
All disputes which may arise from this agreement or resulting from further agreements, shall be settled in accordance with the rules of the Dutch Arbitration Institute or, if Frankly Amsterdam chooses to do so, the competent judge of the place of establishment of Frankly Amsterdam. The procedure will be conducted in the Dutch language.