Terms and Conditions
Formware uses standard terms and conditions as established by the Chamber of Commerce in the Netherlands for webshops.
Article 1 - Definitions
These conditions shall apply:
- Entrepreneur : the natural or legal person, whether or not remote, products and / or services to consumers and businesses
- Contractor :
- the natural person not acting in the exercise of professional or business and a contract, whether or not remote, contract with the entrepreneur;
- the natural or legal person acting in the exercise of professional or business and a contract, whether or not remote, contract with the entrepreneur
- Day : Calender day
- Grace period : The period during which the contractor can exercise his right of withdrawal;
- Duration transaction : a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
- Durable medium : any means that the contractor or operator allows to store in a way that future consultation and unaltered reproduction of the stored information information that is personally addressed to him.
- Right of withdrawal : the ability of the contractor to see from the distance contract within the cooling-off period;
- Distance contract : an agreement in the framework of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication : means that can be used for the conclusion of a contract without the contractor and trader being in the same area have come together.
- Custom made products: products tailored for the consumer. This includes Formware Jewelry such as' Design your own ring ',' Design your own bead ',' Design your own font sweep. These products are designed online by the consumer himself and produced by Formware.
Article 2 - Identity of the trader
2516BE Den Haag
Email address: firstname.lastname@example.org
Chamber of Commerce number: 60004185
VAT identification number: NL853727697B01
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between operator and contractor.
- Before the distance contract is concluded, the text of these general conditions made available to the contractor. If this is not reasonably possible, before the distance contract is closed, indicating that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge at the request of the contractor
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the contractor made available electronically to the contractor a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions electronically can be taken and that they will be delivered free of charge. Requested by the Contractor electronically or otherwise
- In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the contractor in the event of conflicting terms always rely on the applicable provision for him the most favorable is.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. A proper assessment of the offer by the contractor may
- When designing a custom-made piece of jewelry according to your specifications, use is made of a graphical representation of the piece of jewelery. The custom made piece of jewelry that is made for you, according to your specifications, it may differ from these graphical 3D view. If the custom made jewelry does not meet your expectations, you can exchange it under certain conditions (see Article 6). Obvious mistakes or obvious errors in the offer does not bind the entrepreneur.
- Each offer contains such information that is clear to the contractor that the rights and obligations which are attached. To the acceptance of the offer This concerns in particular:
- the price including taxes;
- any costs of delivery;
- how the agreement will be achieved and what actions are required;
- whether or not to apply the right of withdrawal;
- the method of payment, delivery or performance of the contract;
- The deadline for accepting the offer, or the period for adhering to the price;
- the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate for the communication;
- whether the contract is filed after conclusion, and if so, how these can be accessed by the contractor;
- the way the contractor, for the conclusion of the agreement, the information provided by him under the agreement can check and repair if necessary;
- any other languages, including Dutch, the contract may be entered
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the contractor of the offer and meet the corresponding conditions.
- If the contractor electronically has accepted the offer the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the Contractor may terminate the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment.
- If the contractor can pay electronically, the trader will appropriate safety precautions.
- The entrepreneur can - within the law - to inform or contractor can meet its payment obligations as well as all facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to refuse or to attach. Specific conditions to implement an order or request
- The entrepreneur will the product or service to the contractor the following information, in writing or in such a way that it can be stored by the contractor in an accessible manner on a durable medium, send:
- the visiting address of the establishment of the company where the contractor can lodge complaints;
- the conditions under which and the manner in which the contractor the right of withdrawal may make, use or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and after sales service;
- the data contained in Article 4 paragraph 3 of these conditions, unless the trader has already provided before the execution of the agreement that information to the contractor;
- the requirements for termination of the contract if the contract is for more than one year or for an indefinite duration.
Article 6 - Right of withdrawal
- When purchasing ready-made products, the contractor has the option to cancel within 14 days. Agreement without giving any reason This period starts on the day following receipt of the product by the contractor or a previously designated by the contractor and the entrepreneur announced representative.
- During this period, the contractor will treat the product and packaging. He will be the product only unpack or use as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the Entrepreneur in accordance with the reasonable provided by the reasonable and clear instructions.
- Custom made products (Design your own jewelry, ring, bead, font sweep, bracelet or earrings) are designed and manufactured to your specifications / or on the sizes you specify, this is a refund of the purchase price is not possible. If Custom made products (designed to your specifications and / or custom-made jewelry) does not meet expectations, they can be returned under certain conditions:
- If the measurements are not connected to your designated sizes.
- If the products are damaged or abnormal specified by you which. If your custom made product appears or when there is a manufacturing fault (the product does not meet the specifications set by you as set out in the order confirmation) you should contact the operator. Touch ASAP damaged upon receipt When you return the product in this case to us within 30 days, the trader will replace the product as soon as possible, free of charge.
Article 7 - Costs in case of withdrawal
- If the Contractor uses his right of withdrawal, will not exceed the cost of return shipping cost.
- If the contractor has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal
- The operator may exclude the right of withdrawal of the contractor to the extent provided in paragraph 2 and 3.
- The exclusion of the right of withdrawal applies only if the trader for the conclusion of the contract refers. Clearly in the offer, at least in time
- Exclusion of the right of withdrawal is only possible for products:
- which are established in accordance with specifications of the contractor by the entrepreneur;
- that are clearly personal in nature;
- that can not be returned due to their nature;
- that spoil or age quickly;
- whose price depends on fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software that the Contractor has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- on to carry on a certain date or during a specified period accommodation, transport, catering or leisure;
- the supply with the express consent of the contractor, before the period has expired;
- on betting and lotteries.
Article 9 - The price
- During the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph can offer the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or stipulations.
- Price increases from 3 months after the conclusion of the contract are only permitted if the trader stipulated as much and: they are the result of legislation or regulations, or the contractor has the power to terminate as of the date the increase of the agreement commences.
- The prices indicated in the provision of products or services include VAT.
Article 10 - Compliance and Warranty
- The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and existing on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
- A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims by the Contractor under the contract against the employer to claim.
Article 11 - Delivery and execution
- It will be the greatest possible diligence when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the contractor has made. Known to the company
- Subject to what is stated in Article 4 of these terms and conditions the company accepted orders expeditiously but within 30 days unless a longer delivery period was agreed. If a delivery Formware entered is indicative.
- If the delivery is delayed, or if an order can not be carried out only partially, the Contractor, within 30 days after placing the order message. The contractor, in this case the right to terminate the agreement. No cost In case of dissolution in accordance with the preceding paragraph, the operator the amount that the contractor has paid as soon as possible but within 30 days after repudiation appearance.
- If delivery of an ordered product proves impossible, the trader will endeavor to make available. A replacement item Later than the delivery will be that a replacement item is delivered. Clear and comprehensible manner
- For replacement items right of withdrawal can not be excluded. The cost of return shipment shall be borne by the entrepreneur.
- The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the contractor or a designated and the entrepreneur announced representative, unless otherwise expressly agreed.
- The operator is not liable for consumer specific product properties, which may or may not be correct or incorrect motivated by contractor. The same applies to all specified by contractor and delivery address information and other data.
- The order is final once by contractor contractor has received the entrepreneur with confirmation of the order. An email
- The operator reserves the right to refuse, delete accounts or to cancel orders if the borrower sees fit incompetent delivery of products
Section 12 - Payment
- When purchasing a Formware article, you agree to advance payment of the full price of the ordered product / products ordered
- The contractor has the duty to inaccuracies in data supplied or specified payment details. Immediately to the operator
- In case of default of the contractor, the operator subject to legal restrictions, the right to charge. Advance to the Contractor reasonable costs
Article 13 - Ownership
- The Contractor shall respect all intellectual and industrial property rights that are delivered by Formware whole and respect unconditionally.
- Formware does not guarantee that the goods delivered to the contractor does not infringe any intellectual and / or industrial property rights of third parties and does not accept any liability in case of any claims of third parties based on the fact that an item supplied by Formware case breach of any right of a third party.
Article 14 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure. Complaints about the implementation of the agreement must be submitted to the entrepreneur, after the contractor has discovered the defects. Promptly, fully and clearly described
- Complaints submitted to the trader answered counted from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the contractor can expect a more detailed answer.
- If the complaint can not be resolved by mutual agreement, a dispute that is subject to the dispute.
Article 15 - Disputes
- Contracts between the operator and the contractor which these general conditions apply, only Dutch law.
- The judge in the place of Formware has exclusive jurisdiction to hear actions, unless the District has jurisdiction. Nevertheless Formware the right to submit to the legally competent judge. A dispute will be considered only if the Contractor has first submitted his complaint. To the trader within a reasonable time
- Parties will appeal to the courts after they have made every effort to settle the dispute. Mutual agreement Within 3 months after the dispute arose, the dispute should be brought. Writing to the Court
Article 16 - Responsibilities of the Contractor
- The Contractor agrees to personal texts on product and / or packaging of any texts racist, sexual or discriminatory nature or other texts that are in conflict with the law and / or printed. Morality For Formware it is not possible to check for compliance with this provision Formware products
- The contractor is responsible for the information that he transmits to check for accuracy and completeness. Thoroughly Formware On Formware rest no responsibility to check for accuracy and completeness these data.
- The contractor will Formware harmless from all costs and damages arising from the fact that contractor in breach of Article 16.1 and 16.2 acts.
Article 17 - Intellectual property and copyright
- Notwithstanding the other provisions of these terms and conditions Formware the rights and powers Formware entitled under the Copyright Act.
- The possibly produced designs by Formware under the agreement sketches, drawings, films, software, texts, audio recordings, products and other materials or (electronic) files remain the property of Formware, whether to the contractor or others have been handed over, unless otherwise agreed
- All goods supplied by any Formware, such as designs, sketches, drawings, software, texts, audio recordings, (electronic) files, other materials and other Formware products, are intended to be used by contractor and may not without prior consent of Formware be reproduced, disclosed or released to third parties unless knowledge arises from the nature of the amplified pieces otherwise.
- Formware reserves the right to use, in so far no confidential information to third parties the gained due to the execution of the work for other purposes
- Everything on the website is owned by Formware Formware and may not be reproduced or transmitted without the written permission of Formware public.
- Contractor agrees that Formware no royalties or license fees payable to contractor or a third party for the use of material posted or transmitted to the website. This includes products designed by contractor and photos of products designed by contractor.
Article 18 - Liability
- If the entrepreneur might be liable, liability is limited to what this provision.
- Entrepreneur is not liable for damages of any kind caused by contractor is assumed by or on behalf of the Other incorrect or incomplete data
- Entrepreneur is liable only for direct damages
- Direct damage is defined as:
- The reasonable costs incurred to establish the cause and extent of damage, where the establishment relates to damage in the sense of these conditions;
- Any reasonable costs incurred to have answer for many this can be attributed to the poor performance of the business in favor of the agreement;
- Reasonable costs incurred to prevent or mitigate damage, insofar as the Party demonstrates that these costs have led to the limitation of direct damage as referred to in these terms and conditions.
- Entrepreneur is never liable for indirect damage, including consequential damages, lost profits, lost savings and damage due to business or other stagnation.
- If the entrepreneur is liable for any damage, then the liability of the entrepreneur once limited to the invoice value of the order, at least that part of the order which the liability relates. The liability of Entrepreneur is always limited to the amount paid by his insurer, as appropriate.
Article 19 - Additional or different terms
Additional or different from these terms should not be at the expense of the contractor and should be recorded in writing or in such a way that they can be stored on a durable medium. By the contractor in an accessible manner