Terms and Conditions

General Terms and Conditions Kommers Reborn Art

https://www.kommersrebornart.com

General terms and conditions based on the model terms of Stichting WebwinkelKeur.

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 Guarantee

Article 11 - Delivery and Execution

Article 12 - Long-Term Transactions: Duration, Termination, and Renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;

3. Day: calendar day;

4. Long-term transaction: a distance agreement concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

5. Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unaltered reproduction of the stored information possible;

6. Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period;

7. Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can fill out if they wish to exercise their right of withdrawal;

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

9. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;

10. Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same place at the same time;

11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Kommers Reborn Art

Geulstraat, 115

9406 RS Assen

Netherlands

T

E kommersrebornart@gmail.com

KVK 81749228

VAT number NL003600307B63

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.

2. Before the distance agreement 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 agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge as soon as possible upon the consumer's request.

3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

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

5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or voided, the agreement and these terms and conditions will remain in force for the rest, and the provision in question will be replaced by a provision that approximates the original intent as closely as possible.

6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

7. Ambiguities about the interpretation or content of one or more provisions of these terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

6. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be established and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer or the period within which the entrepreneur guarantees the price;
• used means of communication;
• whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
• how the consumer can check and, if desired, correct the information they provide as part of the agreement;
• any other languages besides Dutch in which the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes electronically; and
• the minimum duration of the distance agreement in the case of a long-term transaction.
  
  
  

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 complies with the stipulated conditions.

2. 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 may 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 observe appropriate security measures.

4. The entrepreneur may, within legal frameworks, gather information about the consumer’s ability to fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance agreement. 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 the execution.

5. The entrepreneur will include the following information, either in writing or in such a way that the consumer can store it on a durable medium, along with the product or service:

• the visiting address of the entrepreneur's establishment where the consumer can address complaints;
• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
• information about warranties and existing after-sales services;
• the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

6. In the case of a long-term transaction, the provision in the previous paragraph applies only 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

For product delivery:

1. When purchasing products, the consumer has the option to dissolve the agreement without providing any reason within 14 days. This cooling-off period starts the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.

2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, the consumer will return the product with all delivered accessories and, if reasonably possible, in the original state and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to use their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer can do so using the model withdrawal form or another communication method, such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods were returned in a timely manner.

For service delivery:

1. In the case of service delivery, the consumer has the option to dissolve the agreement without giving any reason within at least 14 days, starting from the day the agreement was entered into.

2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, at most the cost of returning the goods is their responsibility.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has already been received by the entrepreneur or conclusive proof of complete return can be presented.

3. If the product is damaged due to careless handling by the consumer, the consumer is liable for the depreciation of the product.

4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before the purchase agreement was concluded.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer, or at least in time before concluding the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

• that are created by the entrepreneur according to consumer specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal;
• for hygienic products where the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

• concerning lodging, transportation, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which started with the consumer's explicit consent before the cooling-off period expired;
• concerning bets and lotteries.
  
  
  

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 resulting from changes in VAT rates.

2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, with variable prices. This dependence on fluctuations and the fact that any listed prices are guide prices will be stated in the offer.

3. Price increases within 3 months after the agreement is concluded are only permitted if they are due to statutory regulations or provisions.

4. Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:

• they are due to statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and any existing statutory provisions and/or government regulations on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur based on the agreement.

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

4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee 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.

5. The guarantee does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or have been otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
• the defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
  
  
  

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.

2. The place of delivery is the address provided by the consumer to the company.

3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest 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 informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge. The consumer is not entitled to compensation.

4. All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a delivery period does not entitle the consumer to compensation.

5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.

6. If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative pre-designated by the consumer, unless expressly agreed otherwise.

Article 12 - Long-Term Transactions: Duration, Termination, and Renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement entered into for a definite period and that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements referred to 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 way as they were entered into by the consumer;
• with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

• 1. A fixed-term agreement involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
• 2. In deviation from the previous paragraph, a fixed-term agreement involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
• 3. A fixed-term agreement involving the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement is for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
• 4. 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 at the end of the trial or introductory period.

Duration

• 1. If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year at any time 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, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
• 2. The consumer is obliged to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
• 3. In case of consumer non-payment, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.
  
  
  

Article 14 - Complaints Procedure

• 1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
• 2. 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.
• 3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed response.
• 4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
• 5. For complaints, the consumer must first turn to the entrepreneur. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr). The web store is currently not affiliated with a certification body with a disputes committee.
• 6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
• 7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the 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, even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not disadvantage 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.