April 2015, Amersfoort, the Netherlands
Article 1- Relevance
These general conditions/terms apply to any offer of SPEYERS design and to every finalized distance agreement between SPEYERS design and consumer.
Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at SPEYERS.com and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
Article 2- Offer
if an offer has a limited validity or has other specifications, this will be emphatically mentioned.
The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by SPEYERS design are true representations of the products and services. Obvious mistakes and errors do not bind SPEYERS design.
Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
- price inclusive taxes
- possible costs of delivery
- the manner in which the agreement has been concluded and the necessary signatures
- whether to apply the right of withdrawal
- the method of payment, delivery and performance of the contract
- the deadline for accepting the offer or the period within which the SPEYERS design guarantees the price
- the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
- if the agreement after the conclusion is archived and if so how to consult it for the consumer
- the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
- any other languages, including Dutch, for the agreement
Article 3- The Agreement
The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted electronically the offer, SPEYERS design immediately confirms electronically that he has received the acceptance of the offer. As long as SPEYERS design has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, SPEYERS design will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, SPEYERS design will observe the necessary security measures.
SPEYERS design can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If SPEYERS design based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
Article 4- Right of Withdrawal
Deliverance of products:
After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to SPEYERS design.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to SPEYERS design, in accordance with the provided reasonable and clear instructions of SPEYERS design.
Deliverance of Services:
After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by SPEYERS design at the offer or finally at the deliverance of the service.
Article 5- Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has made a payment, SPEYERS design shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 6- Exclusion Right of Withdrawal
SPEYERS design can exclude the right of withdrawal of the consumer for as far as foreseen in previous paragraphs. The exclusion of the right of withdrawal applies only if SPEYERS design has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
- Which are established by the entrepreneur according to specifications of the consumer
- That they are clearly personal in nature
- Which cannot be returned because of their nature
- That can spoil or age quickly
- Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
- Individual newspapers and magazines
- For audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for the following services:
- Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period.
- Whose delivery has begun with the express consent of the consumer before the consideration period has expired.
- Concerning betting and lotteries
Article 7- Pricing
During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
Notwithstanding the previous paragraph SPEYERS design can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where SPEYERS design has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if SPEYERS design has stipulated this and:
- These are the result of legal regulations or provisions; or
- The consumer has the competence to terminate the agreement from the day the price increase takes effect.
The in the offer mentioned prices include VAT.
Article 8- Conformity and Guarantees
SPEYERS design ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations.
A guarantee provided by SPEYERS design, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against SPEYERS design.
Article 9- Delivery and Execution
SPEYERS design shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the consumer to SPEYERS design is considered to be the delivery place.
Taking into account what is stated in article 1 of the general conditions/terms, the SPEYERS design shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous paragraph SPEYERS design shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, SPEYERS design shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of SPEYERS design.
The risk of damage and/or loss of products rest with SPEYERS design until the moment of delivery at the consumer or a pre-designated and an announced representative to SPEYERS design, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: email@example.com
Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 4, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
The consumer has the duty to notify SPEYERS design about inaccuracies in the payment details.
In case of default by the consumer SPEYERS design has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 11- Complaints
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to SPEYERS design after the consumer has observed the defects.
The complaints submitted to SPEYERS design will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, SPEYERS design will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 12- Disputes
Dutch law exclusively applies to agreements between SPEYERS design and consumer whereupon these general conditions/terms are related to.
Article 13- Additional and Different Provisions
Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.
www.speyers.com respects the privacy of all the visitors/users of its website and ensures that all personal information which you will give us, will be dealt with in a strict confidential manner.
When you order one of our services/products then we will ask for personal data like name, birthdate etc. These data will be used to execute your order. These data will be stored on a security server owned by www.speyers.com or by a third party. We will not combine your personal data with other data.
When you send emails or other messages to us it will be possible that we will save these messages. Sometimes we will ask for your personal data when this is relevant. This enables us to answer your questions and requests. These data will be stored on a security server owned by www.speyers.com or by a third party. We will not combine your personal data with other data.
We will not provide your data to other parties.