F4Y-Amsterdam - General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Long-term Transaction: A distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
- Durable Data Carrier: Any means that allow the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information.
- Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
- Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
- Distance Contract: An agreement where, as part of a system organized by the entrepreneur for the remote sale of products and/or services, one or more means of remote communication are used until the conclusion of the agreement.
- Means of Remote Communication: A method that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
F4Y-Amsterdam
Address: F4Y WTC Almere P.J. Oudweg 4 1314CH Almere
Email: info@f4yamsterdam.nl
KvK Number: 94934665
VAT Identification Number: NL866941885B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed and they will be provided free of charge upon request.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.
- In the event that, besides these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs will apply. The consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general conditions.
- If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled, the agreement and the remaining terms and conditions will remain in force, and the provision in question will be replaced in mutual consultation with a provision that closely approximates the intent of the original.
Article 4 – The Offer
- If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- Every offer contains sufficient information so that it is clear to the consumer what rights and obligations are attached to accepting the offer, including:
- The price, including taxes;
- Any delivery costs;
- The method of concluding the agreement and the actions required;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The period for accepting the offer, or the period for maintaining the price;
- The applicable rate for remote communication, if calculated differently from the standard base rate;
- Whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
- How the consumer can check and, if necessary, correct the information provided before the agreement is concluded;
- Any languages, besides Dutch, in which the agreement can be concluded;
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult them electronically;
- The minimum duration of the distance contract in the event of a long-term transaction.
Article 5 – The Agreement
- The agreement is concluded at the moment the consumer accepts the offer and meets the conditions attached.
- If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the entrepreneur confirms receipt of this acceptance, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur is entitled, within legal frameworks, to inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or attach special conditions to the execution.
Article 6 – Right of Withdrawal
- When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This reflection period starts the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product as necessary to assess whether they wish to keep it. If they use their right of withdrawal, the product, including all accessories, and if reasonably possible, in its original condition and packaging, must be returned to the entrepreneur according to the provided instructions.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, the return shipping costs are the consumer’s responsibility.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal, provided the product has been received by the seller or conclusive proof of return is presented.
Article 8 – Complaints Procedure
- The entrepreneur provides a complaints procedure that is sufficiently communicated to the consumer and handles complaints in accordance with this procedure.
- 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 discovered the defects.
- Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.