Section 1 – Definition
It is understood in these terms and conditions:
- Entrepreneur: Natural person or legal entity, who sells products and / or services via distance selling;
- Consumer: Natural person who is not acting in terms of a profession or business and closes an agreement with the entrepreneur at a distance;
- Distance contract: A contract for the supply of goods or the provision of services, in which by the entrepreneur organized systems, designed for distance selling, starting from the sale of products and / or services to a completed purchase are exclusively used by means of distance communication;
- Means of communication: Communication tools, deployed to the initiation or the conclusion of a contract between a consumer and an entrepreneur without the simultaneous physical presence of the parties;
- Revocation period: Period in which the consumer can claim a cancellation of a purchase by distance;
- Revocation right: The ability for the consumer to waive the distance contract within the revocation period;
- Day: Calendar day;
- Permanent contract: A contract that was concluded at a distance and relates to products and / or services whose delivery and purchase has been obligated over a longer period of time;
- Durable storage media: Every medium that enables the consumer or business owner to save information directed to him personally, in such a way that a future insight and a verbatim reproduction of the stored information is possible;
Section 2 – Owner Identity
Fasciaweb BV (owner of brand Fasciamaster)
Name of trade: Fasciamaster
Derde Kostverlorenkade 2, 1054TN Amsterdam
Registered in The Netherlands
VAT registration no.: NL858647527B01
Section 3 – Applicability
- These terms and conditions apply to every offer of the entrepreneur and any contractual agreement by distance between the entrepreneur and the purchasing customer.
- Before concluding a distance contract, the terms and conditions are made available for inspection by the customer. If that is not possible, the terms and conditions are shown to the customer or are sent to him free of charge before conclusion of a contract.
- By an electronically execution of a contract, by way of derogation to paragraph 2 and before a distance contract has been concluded, the terms and conditions will be made available to the customer electronically. Special care is taken that the consumer is able to keep them in a simple manner on a durable medium. If that is not possible, the customer is notified where to find the terms and conditions or they are sent to him free of charge before conclusion of a contract.
- If besides these general conditions product or service-specific regulations reside, the second and third paragraph of this section shall come into effect. In case of inconsistent terms, the consumer can always uphold to the regulations that are most convenient to him.
Section 4 – Offer
- If an offer runs under certain conditions and has a limited term of validity, it is mentioned in the offer explicitly.
- The offer includes a complete and accurate description of offered products and services. The product is described in a manner that a satisfactory evaluation of the customer is facilitated. The product images used are veritable representations of offered products and / or services. Obvious mistakes or errors in an offer are non-appealable and therefore not binding to the company.
- The information of each offer must be designed in a way that the consumer’s rights and responsibilities associated with an acceptance of the offer are clarified to him. This concerns in particular:
- The price excluding tax;
- any costs of delivery;
- The manner in which a contract has been concluded and what arrangements have been made;
- An applicable or non-applicable cancellation right;
- The payment method, delivery, and execution of contract agreement;
- The acceptance period of the offer or the offer period;
- The tariffs of distance communication, of which usage costs are calculated on a different cost base, than the basic tariff;
- How contractual agreements are archived and made available to the customer;
- The manner in which the customer is informed about undesired actions of the entrepreneur before conclusion of an agreement and how these actions can be denied before contract closure;
- The language in which, besides Dutch, a contract can be closed;
- The company’s rules of conduct to which the entrepreneur commits and where they can be consulted;
- The minimum duration of a distance contract in case of a periodic, continuous delivery of products and services;
Section 5 – Contract Closure
- The agreement is, subject to paragraph 4, concluded when the customer accepts the offer and meets the necessary contractual agreements.
- Upon electronically acceptance of an offer by the customer, an electronic confirmation of the offer acceptance is sent. As long as the receipt of this confirmation has not been confirmed by the customer, he can revoke the agreement.
- Might an agreement be reached by electronic means, the entrepreneur provides appropriate technical and organizational security measures during data transmission and usage of the company’s web environment. If the customer decides to pay electronically, additional security precautions are taken in the payment process.
- The entrepreneur can – within the legal cadre – check the credit-worthiness of the customer and therefore his ability to pay and other factors that are of importance for a proper observance of the distance contract by both parties.
- The entrepreneur will enclose with each product or service in writing the following information, which can also be stored in an accessible manner on a storage medium:
- Visitors address of the employer where complaints can be addressed to.
- The conditions under which customers can make use of their right of revocation, or a notification of a revocation exclusion.
- Information on after – sales services and warranties after sale.
- The in section 4, paragraph 3, incorporated terms and conditions, if these have not been received before the completion of the purchase by the customer.
- The cancellation conditions of the contract if the contract duration is one year or for an indefinite period of time.
- The conditions of paragraph 5 are only valid for the initial delivery, if the entrepreneur obliged to deliver a set of products or services
Section 6 – Cancellation right of product delivery
- After purchasing a product, the customer may cancel the contract within 14 days without stating any reason. The period begins from the receipt of the goods by the consumer or through a representative accepting person.
- During this period the consumer will treat the product and packaging with care. He will only unpack or use the product to the necessary extent to assess whether he wishes to keep the product. If he wants to use his revocation right, he shall return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Section 7 – Cancellation Cost
- With the use of a cancellation right the customer bears not more than the cost to return the product.
- If payment already has been made, the outstanding amount is paid as soon as possible, but at the latest within 14 days after cancellation of the order.
Section 8 – Exclusion of a Cancellation Right
- An exclusion of a cancellation right of products is clearly indicated in the offer, at the latest, though, before contract closure.
Within exclusion of a cancellation fall:
- Products that were manufactured to customers’ specific requests;
- Products that are of a personal nature;
- Products which by their nature cannot be returned;
- Products that are perishable or quickly outdated;
- Products, whose price is highly dependent on fluctuations in the financial market over which the entrepreneur has no control;
- Products such as newspapers or magazines;
- Products for audio and video recordings and computer software, whose seal was removed;
- An exclusion of the cancellation right of services is only possible for services:
- Whose delivery takes place with the express consent of the consumer before the time for consideration has elapsed;
- Such as bets and lotteries;
Section 9 – Prices
- With the exception of price changes caused by changes in VAT contributions, the products and / or services shall not be increased in terms of the validity of the offer.
- By way of derogation from article 1, the entrepreneur can offer products on a variable price basis that have been previously offered on a fixed price basis due to fluctuations on the financial market. This dependence on market fluctuations and the fact that the prices stated are guide prices are clearly stated in the offer.
- Price increases within three months after the conclusion of a contract are only valid in accordance with applicable laws and regulations.
- Price increases, three months after the conclusion of a contract shall be valid only if the contractor has arranged this with the customer and if:
- they are compliant with applicable laws and regulations, or
- the consumer has the right to cancel the contract, the date on which the price increase takes place
Section 10 – Compliance and Warranty
- The contractor is committed to provide and maintain products and / or services, the contractual agreements that are mentioned in the offer’s specifications, the suitability and / or usability of the product or service, and fulfil the at the time of the conclusion of the agreement existing statutory provisions and / or statutory regulations.
- A by the operator, manufacturer or importer offered warranty is not affected by statutory rights and claims that can be alleged by the customer within the scope of a distance contract in case of a breach of contract through the entrepreneur.
Section 11 – Involuntary Delivery
- Delivery of products or services by suppliers are only carried out after an order of the customer.
- Products that have not been ordered by the customer or have not been expressly consented may be retained by the customer or be sent back at no extra cost.
Section 12 – Order and Delivery
- The entrepreneur will exert greatest possible care during order processing and delivery of products and services.
- The stated address of the customer on the website is used as delivery address.
- In compliance with the terms and conditions contained in article 4, the company will process orders as quickly as possible, at the latest, though, within 30 days if a longer delivery date has been agreed upon.
- In case of delay, impossible, or only partially possible delivery, a notification will be sent to the customer within one month. In this case the customer is entitled to revoke the contract, irrespective of his right of indemnity.
- In case of contract cancellation, in compliance with article 3, the entrepreneur pays back the amount paid by the customer as soon as possible but no later than 30 days after contract termination.
- If a product ordered is not deliverable, a replacement will be made available.
- At the latest on pending delivery of the product, the customer is notified that a replacement is about to be delivered. For these replacements a right of withdrawal applies. The cost of returning a product in this instance are at the account of the entrepreneur.
- All supplied goods remain property of the entrepreneur until they are fully paid.
- At any time, The entrepreneur has the right to collect goods from the consumer in the absence of payment or in case of bankruptcy of the consumer. The entrepreneur appeals here on the reservation of ownership of the delivered goods.
- Until the arrival of the product at the customer’s destination, the entrepreneur bears the risk of a damaged or missing product if no other agreement has been reached specifically.
Section 13 – Permanent Contracts
- The customer can revoke open-ended contracts only in compliance with the relevant cancellation conditions and only after a withdrawal period of one month.
- Temporary contracts are valid for two years. In tacit agreement with the customer on an extension of a contract by distance the cancellation period is one month.
Section 14 – Payment
- Unless otherwise agreed the payment period for the customer is 14 days as from receipt of the goods. For a service, the payment period starts as from the receipt of necessary documents of the regarding contract.
- The consumer is obliged to inform the entrepreneur of any falsely entered payment specifications.
- In case of a payment default by the customer, the entrepreneur can charge costs of which the customer has been previously informed about.
Section 15 – Complaint Procedures
- The entrepreneur has a specified complaint procedure and deals with complaints under this procedure.
- Complaints about the performance of the agreement must be described immediately, completely and clearly and communicated to the company, after deficiencies have been identified.
- To the entrepreneur submitted complaints are answered within 3 days of receipt.
If deficiencies take a longer processing time the customer will receive a notification of the estimated time of when a detailed reply can be expected, within three days.
- If the complaint cannot be resolved by mutual agreement, the case is seen as an arbitration case and is forwarded to arbitration.