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General terms and conditions SDC Merchandise Shop

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – limited liability at
Article 19 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following terms have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
7. Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that will facilitate future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal persons who offer (access to) digital content and / or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby until the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
11. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time;
Article 2 – Identity of the entrepreneur
Name of entrepreneur: SDC Merchandise Shop, a trade name of RJB Agenturen
Registered address: ‘t Woud 45B, 3232LN Brielle
Telephone number and time (s) at which the entrepreneur can be reached by telephone; 085 3033 747 (Monday to Friday 09:00 – 16:30)
E-mail address; info@shopsdc.com
Chamber of Commerce number; 80016634
VAT identification number; NL003387178B49
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are consumer can be easily stored on a durable data carrier. If this is not reasonably possible, the distance contract will be preceded
is concluded, indicate where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that 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 can always rely on the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and / or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. 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.
4. Within legal frameworks, the entrepreneur can – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. The entrepreneur will at the latest upon delivery of the product, service or digital content to the
Send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price, including all taxes on the product, service or digital content; insofar as applicable, the delivery costs; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
For products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s). For more information about the right of withdrawal, we would like to refer you to our page< link right of withdrawal>
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. For more information about the right of withdrawal, we would like to refer you to our page< link right of withdrawal>
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. For more information about the right of withdrawal, we would like to refer you to our page< link right of withdrawal>
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method. For more information about the right of withdrawal, we would like to refer you to our page< link right of withdrawal>
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products from the right of withdrawal or not take back your shipment if:
  • When the items have been washed and / or worn.
  • If there are food stains, makeup stains, body odors or cigarette smells on the items.
  • Bodies, briefs, swimwear and bottoms that are appropriate without underwear and the traces of this are clearly visible (always wear a slip while trying on).
  • The items do not come with a completed return form.
  • If you have tried to fix a defect yourself.
  • You have not followed the washing and / or usage instructions.
  • The items do not have undamaged original labels and product packaging.
  • The shipment is not sufficiently stamped.
For more information about the right of withdrawal, we would like to refer you to our page right of withdrawal
Article 11 – The price
1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and extra guarantee
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his the agreement.
Article 13 – Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period. of no more than one month.
3. The consumer can the agreements referred to in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a specific time or in a specific period;
– at least cancel in the same way as they have been entered into by him;
– always cancel with the same notice period as the entrepreneur has stipulated for himself.
Elongation:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
5. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specified period of a maximum of three months, if the consumer has extended this. can cancel the agreement towards the end of the extension with a notice period of no more than one month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Expensive:
8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration. to oppose.
Article 15 – Payment
1. The entrepreneur will only process the product / products / service as determined in the agreement after full payment has been made by the consumer.
2. If the consumer does not fulfill his payment obligation (s) on time, the entrepreneur will inform the consumer of this electronically. After the consumer has paid the full amount, the entrepreneur will process the product / products / service as determined in the agreement as soon as possible.
3. If payment after a reminder as referred to in 15.2 is still not made in part or in full after 30 days, the entrepreneur has the right at all times to terminate the agreement and not to deliver / provide what has been agreed.
Article 16 – Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
SDC Merchandise Shop is part of RJB Agenturen (KVK 80016634). This is the party with whom you do business and the seller of the products and services offered and sold on this site, a company incorporated under the laws of the Netherlands, with its head office in Brielle, The Netherlands.
The Dutch Copyright Act governs all issues related to the protection, infringement or misuse of copyrighted material. All other matters relating to your access to or use of this site are governed by Dutch law. Any legal action or proceeding relating to or arising out of your access to or use of this site will be handled in Amsterdam, The Netherlands. You declare the jurisdiction of the Dutch Court and agree that the location of these courts is appropriate in any such legal action or proceeding. You also declare that you will not invoke any legal action or proceeding involving SDC Merchandise Shop and that a hearing in the Dutch Court is a difficult forum for such legal action or proceeding. Some jurisdictions provide certain warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties. To the extent permitted by law, SDC Merchandise Shop and the suppliers and distributors of SDC Merchandise Shop are not responsible for lost profits, sales, or data, financial losses, or indirect, special, far-reaching exemplary or punitive damages. We recognize that you have legal rights as a consumer in some countries. If you are using the Services for a personal purpose, nothing in these terms and conditions or any additional terms and conditions can limit the consumer’s statutory rights that may not be waived under the agreement. You can consult the European Commission’s online dispute resolution platform via this link.
Article 18 – limited liability at
SDC Merchandise Shop or its licensees, vendors or suppliers, their board of directors, management, agents or employees will in no event be liable for any, indirect, incidental or consequential damages or for any damages resulting from the loss of use, data or profit , whether or not SDC Merchandise Shop has been notified of the possibility of damage arising out of or in connection with the use or operation of the site or failure to offer products or services that you purchase from SDC Merchandise Shop or its affiliates companies, including but not limited to damages resulting from omission, viruses, mistake, interruption or delay of service. SDC Merchandise Shop will under no circumstances be responsible or liable for any damage or consequences arising from or related to inappropriate or unauthorized use of this site or its content.
Article 19 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. Conditions may be changed at any time by authorized employees of SDC Merchandise Shop.