Terms and conditions

General Terms and Conditions

General Terms and Conditions Circuit Herenmode 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 –Costs in case of withdrawal
  • Article 8 –Exclusion of the right of withdrawal
  • Article 9 –The price
  • Article 10 –Conformity and warranty
  • Article 11 –Delivery and execution
  • Article 12 –Continuing performance contracts: duration, termination, and extension
  • Article 13 –Payment
  • Article 14 –Complaints procedure
  • Article 15 –Disputes
  • Article 16 – Additional or deviating provisions

 

 

 

 

 

 

1- Definitions In these terms and conditions, the following definitions apply:

 

  1. Reflection period: the period within which the consumer can exercise their right of withdrawal;
  1. 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;
  1. Day: calendar day;
  1. Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
  1. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
  2. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period; 7. Model form: the

 

model withdrawal form that the entrepreneur makes available for a consumer to complete when they wish to exercise their right of withdrawal. 8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; 9. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for remote communication; 10. Technique for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same room. 11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

 

Article 2 – Identity of the entrepreneur

 

  1. Name of entrepreneur R. Afalah – Circuit Herenmode
  2. Business address; Zwart Janstraat 66A 3035 AV Rotterdam
  3. Telephone number: 010-4678787
  4. Availability: Monday from 13:00 to 18:00
  5. Tuesday to Thursday from 10:00 to 18:00
  6. Friday from 10:00 to 20:00
  7. Saturday from 10:00 to 18:00
  8. E-mail address: info@circuitherenmode.nl
  9. Chamber of Commerce number: 80085121 VAT identification number:
  10. NL003392564B75

 

 

 

Article 3 – Applicability 1. These general terms and conditions apply to every offer made by the entrepreneur and to every concluded distance contract and orders between the entrepreneur and the consumer.

 

  1. 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 before the distance contract is concluded where the general terms and conditions can be inspected and that they will be sent to the consumer free of charge as soon as possible upon request.

 

  1. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, upon request.

 

  1. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favourable to them in case of conflicting general terms and conditions.

 

  1. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions will otherwise remain in force, and the provision in question will be immediately replaced by a provision that approximates the scope of the original as closely as possible through mutual consultation.

 

  1. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

 

  1. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

 

 

Article 4 - The offer 1. If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer. 2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

 

  1. The offer contains a complete and accurate description of the products and/or services 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 and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

 

  1. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

 

 

  1. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.

 

 

  1. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular: • the price including taxes; • any shipping costs; • the way in which the agreement will be concluded and what actions are required for this; • whether or not the right of withdrawal applies; • the method of payment, delivery, and execution of the agreement; • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; •

 

the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a different basis than the regular basic rate for the communication method used; •

 

whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer; • the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, correct it; • any other languages in which the agreement can be concluded in addition to Dutch; • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and • the minimum duration of the distance contract in the case of a continuing performance contract. • Optional: available sizes, colours, types of materials.

 

Article 5 - The agreement 1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set for it.

 

  1. If the consumer has accepted the offer electronically, the entrepreneur 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.

 

  1. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

 

  1. The entrepreneur can - within legal frameworks - inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution. 5. The entrepreneur will send the following information with the product or service 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 data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

 

  1. information about guarantees and existing after-sales service; d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.

 

  1. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery. 7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

 

 

Article 6 - Right of withdrawal When delivering products: 1.

     When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.

     

    1. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered 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.

     

    1. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment. 4. If the customer has not made known that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, respectively, or has not returned the product to the entrepreneur, the purchase is a fact.

     

    Article 7 - Costs in case of withdrawal

    1. If the consumer exercises their right of withdrawal, they will bear at most the costs of return shipping by post.

    2. Notwithstanding paragraph 1, the Consumer may return or exchange the product free of charge at the physical store of Circuit Herenmode in Rotterdam.

    3. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web store owner or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.

    4. Withdrawal Costs for Free Shipping: If the Consumer returns items and the total value of the retained items therefore falls below the €100 threshold, the Entrepreneur reserves the right to deduct the original standard shipping costs (€7.95) from the amount to be refunded.

    5. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.

    6. The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

     

    Article 8 - Exclusion of the right of withdrawal 1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

     

    1. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

     

     

    Article 9 - The price 1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

     

    1. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices, will be mentioned in the offer.

     

    1. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. 4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of legal regulations or provisions;

     

    or b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

     

    1. The prices mentioned in the offer of products or services include VAT. 6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

     

    Article 10 - Conformity and Warranty 1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

     

    1. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

     

    1. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.

     

     

    1. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

     

     

    1. The warranty does not apply if: • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or those on the packaging; • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

    Article 11 - Delivery and Execution 

      1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing applications for the provision of services.

      2. The place of delivery is the address that the consumer has made known to the company.

      3. Shipping costs are €7.95 for delivery within the Netherlands.

      4. Notwithstanding paragraph 3 of this article, shipping is free for orders with a total value of €100 or more.

      5. Subject to what is stated in paragraph 6 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

      6. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

      7. In case of dissolution in accordance with paragraph 5 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

      8. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.

      9. 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 representative known to the entrepreneur, unless expressly agreed otherwise.

     

    Article 12 - Long-term transactions: duration, termination, and renewal Termination 1. The consumer can terminate an agreement entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services, at any time, observing the agreed-upon termination rules and a notice period of no more than one month.

     

     

    1. The consumer can terminate an agreement entered into for a definite period and relating to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, observing the agreed-upon termination rules and a notice period of no more than one month.
    2. The consumer can terminate the agreements mentioned in the previous paragraphs: • at any time and not be limited to termination at a specific time or in a specific period; • at least in the same manner as they were entered into by them; • always with the same notice period as the entrepreneur has stipulated for themselves.

     

    Renewal 4. An agreement entered into for a definite period and relating to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.

     

    1. Notwithstanding the previous paragraph, an agreement entered into for a definite period and relating to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

     

    1. An agreement entered into for a definite period and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in cases where the agreement relates to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

     

    1. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

     

    Duration 7. If an agreement has a duration of more than one year, the consumer may terminate 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.

     

    Article 13 - Payment 1. Unless otherwise agreed,

    the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

     

    1. The consumer has the duty to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.

     

     

    1. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs previously made known to the consumer.

     

    Article 14 - Complaints Procedure 1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

       

      1. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.

       

      1. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer. 4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

       

       

      1. In case of complaints, a consumer must first contact the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). 6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

       

      1. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

       

      Article 15 - Disputes 1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.

       

      1. The Vienna Sales Convention does not apply.

       

      Article 16 - Additional or Deviating Provisions Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.