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General Terms and Conditions

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Chapter 1 General provisions

Article 1. Definitions

In these general terms and conditions and the provisions based on them, the following definitions apply:

  1. reflection period: the period within which the consumer can make use of his right of cancellation;

  2. consumer: the buyer, a natural person who does not act in the exercise of profession or business;

  3. consumer purchase: the purchase with regard to a movable property, including electricity, which is concluded by a vendor who acts in the exercise of a profession or business and a buyer, a natural person, who does not act in the exercise of a profession or company;

  4. day: calendar day

  5. duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

  6. durable data carrier: any device that enables the consumer or entrepreneur to store personal information addressed to him in a way that makes this information accessible for future use during a period adapted to the purpose for which the information is intended, and which allows an unchanged representation of the stored information;

  7. entrepreneur: the natural or legal person acting in the course of his trade, business, craft or profession, whether or not through another person acting on his behalf or for his account;

  8. unambiguous statement: a statement of a consumer to the entrepreneur that is only open to one interpretation. The statement contains at least:

  1. name of the consumer;

  2. (invoice) address;

  3. postal code;

  4. place of residence;

  5. telephone number;

  6. email address;

  7. order number;

  8. product covered by the declaration.

  1. distance contract: The agreement concluded between the entrepreneur and the consumer within the framework of an organized distance selling or servicing system without simultaneous personal presence of the entrepreneur and consumer and using only one or more means of distance communication, up to and including the moment of conclusion of the Agreement;

Article 2. The entrepreneur

Company: Maskshopvenice.com

Based in: Warmoestraat 18A

1012 JD Amsterdam

The Netherlands

Chamber of Commerce registration: 20170669

Email address: mail@maskshopvenice.com

VAT number: NL819224753B01

Article 3. The company

  1. These general terms and conditions are applicable for every website related to MaskshopVenice.

  2. De following websites are included:

  1. maskshopvenice.com;

  2. maskerwinkelventie.nl;

  3. maskenshopvenedig.de;

  4. masqueboutiquevenise.fr;

  5. magazinvenetsiankoimaski.ru;

  6. tiendamascarasvenecia.es

Article 4. Applicability

  1. These general terms and conditions apply to every offer made by the company and to every distance contract that is realized between the company and the consumer.

  2. Prior to conclusion of the distance contract, 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 conditions and terms can be viewed at the company and they will be sent as soon as possible, free of charge, at the request of the consumer.

  3. In the event of electronic conclusion of the distance contract, deviating from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made electronically available to the consumer, in such a way that the consumer can easily store this on a durable data carrier. If this is not reasonably possible, prior to conclusion of the distance contract, it will be indicated where the general terms and conditions can be observed electronically and they will be sent free of charge at the request of the consumer by electronic means or otherwise.

  4. The general terms and conditions can at all times be viewed on the websites of the company.

  5. In the event that specific service conditions apply in addition to these general terms and conditions, the second and third paragraphs of the corresponding application and the consumer may always rely on the applicable provision that is most favourable for him, in case of conflicting general terms and conditions.

Article 5. Additional or deviating provisions

Additional or deviating provisions in these general terms and conditions may not be at the expense of the consumer and must be documented in writing or in such a way that these can be easily stored on a durable data carrier by the consumer.


Chapter 2 The agreement

Article 6. Price

  1. Prices of the offered services will not be increased during the validity period stated in the offer, except for price changes due to changes in VAT rates, apparent errors or cost-increasing circumstances.

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services where prices are subject to fluctuations in the financial market on which the entrepreneur has no influence, with variable prices. This bonding to fluctuations and the fact that any prices quoted are indicative prices are communicated in the offer.

  3. Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  1. They are the result of statutory regulations or provisions; or

  2. The consumer has the power to terminate the contract effective from the day on which the price increase comes into being.

  1. The prices quoted in the offer of products or services include VAT.

Article 7. Offer

  1. The offer contains a complete and accurate description of the goods and/or services provided. The description is sufficiently detailed to allow a good assessment of the offer by the consumer.

  2. If the entrepreneur uses images, these are as close to a truthful representation as possible of the offered goods. Since the offered goods are handmade, there might be slight deviations from the images.

  3. Before the consumer is bound by a distance contract or an offer to that end, the entrepreneur shall provide the consumer with the following information in a clear and comprehensible manner, where applicable to that offer:

  1. the total price of the goods, including all taxes;

  2. where appropriate, any additional freight, delivery or postal charges and any other costs or, if these costs cannot reasonably be calculated in advance, the fact that such costs may be payable;

  3. the way in which the agreement is established and what actions are necessary;

  4. whether or not the right of withdrawal is applicable;

  5. the method of payment, delivery, execution, the period within which the entrepreneur undertakes to supply the goods or to provide the services and, where applicable, the entrepreneur's complaints policy;

  6. the time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;

  7. the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular base rate for the means of communication used;

  8. whether the agreement is archived after the creation and, if so, how it can be consulted by the consumer;

  9. the way in which the consumer, before concluding the contract, can check the information provided by him under the agreement and, if desired, restore it;

  10. any other languages in which, in addition to Dutch, the agreement may be concluded;

  11. the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes by electronic means;

  12. the minimum duration of the distance contract in the event of a transaction of extended duration; and

  13. if an offer has a limited period of validity or is subject to conditions, the external validity period or the express conditions under which the offer can be accepted.

  1. Apparent errors in the offer, including apparent clerical errors, do not bind the entrepreneur. Expressly mentioned herein are errors in the offer advertised elsewhere than on the website of the entrepreneur, where the information on the site of the entrepreneur is considered guiding at all times. An apparent error is for instance when the offer is of such a low amount that the consumer knew or reasonably should have known that it was an apparent clerical error in the offer.

  2. In case that the user accepts the offer with an apparent clerical error or apparent error, the consumer will be immediately informed about this apparent error by email. Furthermore, in this email the consumer will be given a certain period in which the consumer is offered the opportunity to accept the correct offer.

Article 8. Agreement

  1. The Agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and the fulfilment of the conditions laid down.

  2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can rescind the agreement.

  3. If the contract is made by electronic means, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures to that end.

  4. If, after the conclusion of the agreement, circumstances appear in which the entrepreneur has become acquainted with the situation and has good reasons to fear that the consumer does not comply with the obligation of payment, the entrepreneur may fulfil its part of the agreement, dissolve the agreement or attach special conditions to the implementation of the agreement.

  5. The entrepreneur shall forward to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium, with:

  1. the visiting address of the establishment of the entrepreneur to which the consumer can go with complaints;

  2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;

  3. the information on warranties and existing aftersales service;

  4. the information contained in article 7 paragraph 3 of these conditions, unless the entrepreneur has already supplied the information to the consumer before the implementation of the contract;

  5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

Chapter 3 Implementation of the agreement

Article 9. Delivery

  1. The entrepreneur observes the utmost care in the execution of orders and in assessing applications for the provision of services. If a product is delivered to the consumer damaged, defective or incomplete or the wrong product has been delivered, this may be reported to the entrepreneur within 3 working days after delivery of the product in an unambiguous manner, taking into account the provisions laid down in article 1.h of these conditions.

  2. Taking into account what is stated in article 7 of these conditions, the entrepreneur carries out accepted orders with competent urgency but not later than 30 days after the order has been accepted, unless a longer delivery period has been agreed upon.

  3. If the delivery is delayed, or if an order cannot be executed or only partially carried out, the consumer will receive a notice at the latest 30 days after the order has been placed. In that case, the consumer has the right to terminate the agreement free of charge and the right to compensation.

  4. Products are delivered to the address provided by the consumer to the entrepreneur. If the address does not appear to be correct and/or the product is returned, no further action will be taken by the entrepreneur.

  5. Products which have not been claimed by consumers within two months or of which the consumer has not been taken possession within that period will be transferred to the possession of the entrepreneur.

  6. If the consumer has indicated that he wants to claim a returned product, any costs incurred for shipping will be charged to the consumer.

  7. The product shall be returned to the consumer upon receipt of the shipping costs. The return is treated in the same way as the first shipment. The other provisions of this article shall apply mutatis mutandis to the return of the product.

Article 10. Payment

  1. Payment is possible through the payment methods offered by the entrepreneur.

  2. Unless otherwise agreed upon, the amounts payable by the consumer must be paid within 14 days after the date of the reflection period referred to in article 17 paragraph 1 of these conditions. In the event of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.

  3. In the sale of products to consumers, in general terms and conditions, a prepayment of more than 50% may never be stipulated. Where advance payment is stipulated, the consumer shall not be entitled to assert any right in respect of the execution of the order or service(s) in question before the stipulated advance payment has been made.

  4. The consumer has a duty to notify the entrepreneur without delay of any inaccuracies in the payment information provided or stated.

  5. In the event of default of the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs incurred in advance to the consumer.

Chapter 4 Compliance and warranty

Article 11. Compliance

  1. The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur will also ensure that the product is suitable for other than normal use.

  2. In any event, a product does not comply with the agreement if, in light of the nature of the product and the communications made by the entrepreneur about the product, it does not possess the properties which the consumer may have expected under the agreement.

  3. The consumer cannot rely on the fact that a case does not comply with the contract if it was known or could reasonably have been known at the time of the conclusion of the agreement, in particular with regard to the provisions of article 14 of these conditions.

  4. A warranty provided by the entrepreneur, manufacturer or importer does not diminish the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 12. Warranty

  1. The entrepreneur provides a two-year warranty, unless explicitly stated in the offer or the warranty period is unreasonable in view of the nature of the product.

  2. The warranty does not apply if the defect is due to:

  1. consumer carelessness;

  2. improper use of the product;

  3. user damage;

  4. intentional damage; or of

  5. neglected care of the product.

  1. The right to warranty expires if the consumer has carried out repairs to the product or has had these performed by a third party not engaged by the entrepreneur. Any repair costs incurred for the repair by an external third party that has not been engaged by the entrepreneur shall not be reimbursed unless explicitly agreed otherwise.

  2. The entrepreneur assumes that a product was unsound when the consumer bought the product, if the defect reveals itself within six months of the purchase, unless the nature of the product opposes it.

  3. The consumer must, within two months after the defect has been noticed, notify the entrepreneur unambiguously in writing, taking into account what is stipulated in article 1.h of these conditions.

  4. If the defect is not reported to the entrepreneur within two months of the disclosure, the right to warranty shall be forfeited.

  5. The entrepreneur will try to repair the product at any time. If repair is not reasonably possible, the entrepreneur will offer a replacement product. The consumer is only entitled to a refund of the purchase amount if repair is not reasonably possible and no replacement product can be supplied.

  6. Repair is free of charge if the defect has revealed itself within six months of purchase. Depending on the circumstances of the case, repair costs may be charged if the defect has been revealed after six months. The consumer is informed at all times of the cost of repair before the entrepreneur proceeds to carry out the repair.

  7. If the repair is not covered by the warranty, but it is reasonably possible to repair it, the repair can be carried out. The consumer is informed by email of the possibility and the cost of repair. The repair shall be carried out if the consumer has given his consent.

  8. The entrepreneur will strive for a repair time of four to eight weeks. If the entrepreneur is dependent on third-party services or parts delivery by engaged third parties, the entrepreneur strives for a repair time of up to three or four months.

  9. No rescission can be made because of an unexpectedly long lead time of the repair, even if the repair time lasts longer than the target period.

  10. In case a repair is carried out, the warranty period will be suspended for the period of time during which the product is being repaired.

Chapter 5 Cancellation and disputes

Article 13. Right of withdrawal

  1. The consumer may cancel the remote purchase without specification of reason, within a period of 14 days, after:

  1. with a service provision agreement: the day that the agreement is concluded

  2. with a consumer purchase:

  1. the day that the consumer or a third party appointed by the consumer, who is not the carrier, has received the product;

  2. the day that the consumer or a third party appointed by the consumer, who is not the carrier, has received the last product, if the consumer has ordered more products in the same order, which are delivered separately;

  3. the day that the consumer or a third party appointed by the consumer, who is not the carrier, has received the last shipment or the last part if the delivery of a products includes different shipments or parts; or of

  4. the day that the consumer or a third party appointed by the consumer, who is not the carrier, has received the first good for an agreement for the regular delivery of goods during a certain period.

  1. The consumer exercises the right referred to in paragraph 1 by making an unambiguous statement to that affect within the period set in paragraph 1, with consideration of the provisions in article 1 section h of these terms and conditions.

  2. If the consumer makes an unambiguous statement to the entrepreneur, the entrepreneur will confirm the receipt of this statement per e-mail. This e-mail also includes the data necessary for the correct shipment of the product that is the basis of the cancelled agreement.

  3. If the unambiguous statement has not been received by the entrepreneur, the consumer must proof that the statement has been sent.

  4. The entrepreneur reserves the right not to process incomplete statements.

  5. Only returning the product is not considered as exercising the right to cancel. Article 10 of these terms and conditions applies accordingly on only returning the product by the consumer.

  6. The consumer is responsible for the proper return of the product in appropriate packaging. Appropriate packaging means in any case the undamaged packaging in which the product was delivered to the consumer.

  7. The consumer must proof that the right referred to in paragraph 1 was exercised correctly and on time.

  8. The entrepreneur is not responsible for any damage to the product caused by a third party engaged by the consumer for returning the product. The consumer must proof that the product has been sent and insured correctly in case this goes missing or is damaged during the return shipment.

  9. It is not possible to exchange a product. The consumer is free to cancel the agreement within the period set in paragraph 1, and to order a new product.

Article 14. Exclusion of the right of withdrawal

  1. The consumer has no right to cancel with products:

  1. that have been made by the entrepreneur in accordance with the consumer’s specifications;

  2. that are clearly of a personal nature;

  3. that cannot be returned due to their nature;

  1. The entrepreneur may exclude the right of withdrawal as referred to in the paragraphs 1 and 2, if the entrepreneur has clearly stated this in the offer, at least in time before the agreement is concluded.

Article 15. Costs in case of cancellation

  1. In case of exercising the right of withdrawal, the costs for returning product are for the account of the consumer.

  2. In case of cancellation, the entrepreneur reserves the right not to refund the full purchase amount, if the product has been damaged or used other than is necessary to determine whether the product meets the wishes of the consumer.

  3. If the consumer has paid a purchase amount, this amount will be refunded within 14 days after receipt of the product by the entrepreneur, all this with consideration of the provisions in paragraph 2.

  4. The consumer will be informed immediately, with specification of reasons, per e-mail of the fact that the full purchase price will not be refunded. The consumer may renounce the right to cancel if the full purchase price is not refunded, by means of an unambiguous statement to the entrepreneur, with consideration of the provisions in article 1 section h of these terms and conditions.

  5. If the full purchase amount is not refunded, the entrepreneur will wait until 14 days after receipt of the product with the refund of part of the purchase amount. The consumer may renounce his right to cancel till the moment that part of the purchase amount has been refunded to his account. /span>

  6. If the consumer renounces the right to cancel, the shipment costs will be for the account of the consumer. After receipt of the shipment costs the product will be returned by the entrepreneur within 14 days.

Article 16. Complaints procedure and liability

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has detected the defects. Complains may also be submitted to the entrepreneur by means of an ambiguous statement, with consideration of the provisions in article 1 under h of these terms and conditions.

  3. Complains received by the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within a period of 14 days with a notice of receipt and an indication when the consumer may expect a more detailed answer.

  4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is susceptible to the dispute procedure.

Article 17. Alterations of the General Terms and Conditions

  1. Entrepreneur always has the right to alter these general terms and conditions.

  2. Alterations will only be binding for the consumer, if the company has informed the consumer of the alterations to the general terms and conditions and fourteen days after such notification have passed, without the consumer giving the company notice in writing not to agree with the alterations.

Article 18. Disputes

  1. The agreements between the company and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.

  2. Any disputes between parties arising from this agreement shall, if not otherwise agreed between the parties, be submitted by the most diligent party to a competent Dutch judge of the place of business of the company.

  3. If by judicial decision one or more articles of these conditions are declared invalid, other provisions of these general terms and conditions will remain in full force and company and consumer will enter into consultation in order to agree on new provisions to replace the void or nullified provisions to comply with, as far as possible, the purpose and intent of the void or voided provisions.

  4. In case of discrepancies or differences in interpretation between the English and Dutch version of this Agreement, the original Dutch version will prevail.