Terms of sale
Contents
Article 1 Definitions. Article 2 Who we are. Article 3 Applicability. Article 4 The offer. Article 5 The contract. Article 6 Prices and payments. Article 7 Right of withdrawal. Article 8 Exercising the right of withdrawal and costs. Article 9 Exclusion of the right of withdrawal. Article 10 Conformity and warranty. Article 11 Delivery and performance. Article 12 Retention of title. Article 13 Personal data. Article 14 Applicable law, complaints and disputes. Annex I Model withdrawal form.
Article 1 Definitions
In these terms and conditions, the following terms mean:
- Trader: The Horse Extensions Factory, trading under the name Thef, which offers products to Consumers via the website;
- Consumer: the natural person who is not acting for purposes related to his or her trade, business, craft or profession;
- Contract: the contract between Trader and Consumer concluded under an organised distance sales system, whereby up to and including the conclusion of the contract exclusively one or more means of distance communication are used;
- Day: calendar day;
- Withdrawal period: the period within which the Consumer can exercise his or her right of withdrawal;
- Right of withdrawal: the Consumer's option to withdraw from the Contract within the Withdrawal period;
- Model withdrawal form: the European model withdrawal form in Annex I of these terms;
- Means of distance communication: the means by which a Contract is concluded without the Trader and the Consumer being present in the same place at the same time.
Article 2 Who we are
| Trading name | Thef (The Horse Extensions Factory) |
|---|---|
| Address | Bronstijdkreek 14, 3206 HA Spijkenisse, Netherlands |
| info@thef.nl | |
| Chamber of Commerce (KvK) number | 88754987 |
| VAT number | NL864765277B01 |
Article 3 Applicability
- These terms and conditions apply to all offers of the Trader and to every Contract and delivery concluded via the website or another means of distance communication.
- If any provision of these terms is wholly or partly void or is annulled, the Contract and these terms remain in force for the rest. The provision concerned will be replaced by a provision that comes as close as possible to the purpose of the original provision.
- Provisions that deviate from these terms may not be to the Consumer's disadvantage and are recorded in such a way that the Consumer can store them in an accessible manner on a durable medium.
Article 4 The offer
- If an offer has a limited period of validity or is subject to conditions, this is stated expressly in the offer.
- The offer contains a complete and accurate description of the products. The description is sufficiently detailed to allow the Consumer to assess the offer properly. Images show the products as faithfully as possible. Obvious mistakes or errors in the offer do not bind the Trader.
- Each offer contains enough information to make clear what rights and obligations are attached to acceptance of the offer.
Article 5 The contract
- The Contract is concluded at the moment the Consumer accepts the offer and meets the conditions set. The Consumer accepts the offer by completing the ordering process on the website.
- If the Consumer has accepted the offer electronically, the Trader confirms receipt electronically as soon as possible. As long as receipt has not been confirmed, the Consumer can dissolve the Contract.
- Within the legal framework, the Trader may check whether the Consumer can meet his or her payment obligations and which facts and factors are relevant to entering into the Contract responsibly. If the Trader has good reasons on that basis not to enter into the Contract, the Trader may refuse an order with reasons or attach special conditions to its performance.
- Every Contract is entered into on the condition that the products are sufficiently available.
- The Consumer ensures that the information he or she provides to the Trader is correct and complete.
Article 6 Prices and payments
- During the period of validity stated in the offer, the prices of the products will not be increased, except for price changes resulting from changes in VAT rates.
- The prices stated in the offer are in euros and include VAT, unless expressly stated otherwise. Any shipping costs are clearly stated before the Contract is concluded.
- Unless otherwise agreed, the Consumer pays within 14 Days of the conclusion of the Contract.
- The Consumer must report any inaccuracies in the payment details provided or stated to the Trader immediately.
- If the Consumer does not pay on time, the Consumer will receive a reminder from the Trader and will have 14 Days to pay after all. If the Consumer still does not pay, statutory interest is due on the outstanding amount and the Trader may charge extra-judicial collection costs, within the limits of the Dutch decree on compensation for extra-judicial collection costs.
Article 7 Right of withdrawal
- The Consumer can dissolve a Contract relating to the purchase of a product within 14 Days without giving any reason. The Trader may ask for the reason, but the Consumer is not obliged to give it.
- The Withdrawal period starts on the Day after the Consumer, or a third party designated in advance by the Consumer who is not the carrier, has received the product. If the Consumer has ordered several products in one order, the Withdrawal period starts on the Day after receipt of the last product. If the delivery consists of several shipments or parts, the Withdrawal period starts on the Day after receipt of the last shipment or part.
- During the Withdrawal period, the Consumer will handle the product and its packaging with care. The Consumer will only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The starting point is that the Consumer may only handle and inspect the product as he or she would be allowed to in a shop.
- The Consumer is only liable for diminished value of the product resulting from handling of the product that goes beyond what is permitted in paragraph 3 (Article 6:230s of the Dutch Civil Code, BW). The Trader may charge this diminished value or deduct it from the amount to be refunded. Fixed amounts for cleaning are not charged.
Article 8 Exercising the right of withdrawal and costs
- If the Consumer exercises the Right of withdrawal, he or she notifies the Trader within the Withdrawal period using the Model withdrawal form or in any other unambiguous way, for example by email. The Model withdrawal form is also included in the returns policy.
- After receiving the notice, the Trader sends a confirmation of receipt as soon as possible.
- The Consumer returns the product as soon as possible or hands it over to the Trader, in any case within 14 Days of notifying the withdrawal. The Consumer has in any case met the return deadline if he or she returns the product before the Withdrawal period has expired.
- The Consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions of the Trader.
- The Consumer bears the risk and the burden of proof for the correct and timely exercise of the Right of withdrawal.
- The cost of returning the product is borne by the Consumer. The Trader states this here and in the returns policy, before the Contract is concluded.
- The Trader refunds all payments made by the Consumer, including the original standard delivery costs, as soon as possible, and in any case within 14 Days of the Consumer notifying the withdrawal. If the Consumer chose a more expensive delivery method than the cheapest standard delivery, the Trader does not have to refund the extra costs. The Trader may withhold the refund until he has received the product or until the Consumer shows that he or she has sent the product back, whichever is earlier.
- The Trader uses the same payment method for the refund as the Consumer used, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.
- If the Consumer exercises the Right of withdrawal, all additional contracts are dissolved by operation of law.
Article 9 Exclusion of the right of withdrawal
The Right of withdrawal does not apply to products for which it is excluded by law. These are in any case:
- products made to the Consumer's specifications, not prefabricated and made on the basis of an individual choice or decision of the Consumer, or clearly intended for a specific person, for example custom-coloured extensions;
- products that spoil quickly or have a limited shelf life;
- sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal was broken after delivery;
- products that, after delivery, have by their nature become inseparably mixed with other products.
Article 10 Conformity and warranty
- The products the Trader delivers to the Consumer conform to the Contract. This is the statutory guarantee, also known as the legal warranty.
- An additional guarantee from the Trader, a supplier, manufacturer or importer never limits the Consumer's statutory rights against the Trader.
- The Trader cannot guarantee that the display of the products on the website, for example as regards colour, corresponds exactly to the products delivered in all cases. If you are unsure about a colour, you can send a photo in advance for colour advice.
Article 11 Delivery and performance
- The place of delivery is the address the Consumer has given to the Trader.
- The Trader fulfils the order as soon as possible, at the latest within 30 Days, unless a different delivery period has been agreed. See also the shipping policy.
- If an order cannot be fulfilled, or only partly, the Consumer will be notified no later than 30 Days after the order. The Consumer may then dissolve the Contract free of charge and is entitled to any compensation for damages.
- After dissolution, the Trader refunds the amount paid as soon as possible.
- The risk of damage to or loss of products lies with the Trader until the moment of delivery to the Consumer or a representative designated in advance, unless expressly agreed otherwise.
Article 12 Retention of title
As long as the Consumer has not paid the full agreed amount, the delivered products remain the property of the Trader.
Article 13 Personal data
The Trader processes the Consumer's personal data in accordance with the privacy policy on the website.
Article 14 Applicable law, complaints and disputes
- Dutch law applies to all Contracts between Trader and Consumer. A Consumer habitually resident in another country retains the protection of the mandatory provisions of the law of that country.
- The Consumer can submit complaints via info@thef.nl or by post to the address in Article 2.
- Complaints about the performance of the Contract must be submitted, fully and clearly described, within a reasonable time after the Consumer has discovered the defect.
- The Trader answers complaints within 14 Days of receipt. If a complaint requires a clearly longer processing time, the Trader replies within 14 Days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
- If the Trader and the Consumer cannot resolve the matter between them, the dispute can be submitted to the competent court. Consumers can turn to ConsuWijzer (consuwijzer.nl) for information and advice.
Annex I Model withdrawal form
If you wish to withdraw from the contract, please complete and return this form.
To: Thef (The Horse Extensions Factory), Bronstijdkreek 14, 3206 HA Spijkenisse, Netherlands, info@thef.nl
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): ...................................
Ordered on (*) / received on (*): ...................................
Name of consumer(s): ...................................
Address of consumer(s): ...................................
Signature of consumer(s) (only if this form is notified on paper): ...................................
Date: ...................................
(*) Delete as appropriate.