Algemene Voorwaarden

General Terms and Conditions All Over Piercings International B.V.

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Table of contents:
Article 1 - Definitions
Article 2 - Business Identity 
Article 3 - Applicability
Article 4 - Offers
Article 5 - Formation of the contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion from right of withdrawal
Article 9 - Pricing
Article 10 - Conformity and warranty
Article 11 - Delivery and execution of contract
Article 12 - Payment
Article 13 - Complaints

Article 1 - Definitions

These terms and conditions will refer to the following definitions:

1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal; 
2. Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the trader; 
3. Day: calendar day; 
4. Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time; 
5. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information; 
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period; 
7. Trader: the natural or legal person who is a member of the Dutch ‘Thuiswinkel’ Organization and who offers products and/or services to consumers from a distance; 
8. Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded; 
9. Technique for distant communication: means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time.

Article 2 - Business Identity
Business name: All Over Piercings International B.V.

Office & visiting address:
Keesomstraat 8 D
1821 BS Alkmaar
The Netherlands

Telephone number: +31727370124
Reachability:
Monday – Friday from 9:00 till 17:00.
E-mail: [email protected]

Chamber of Commerce number: 57044872
VAT number: NL852415771B01

Article 3 - Applicability 
1. These general terms and conditions apply to every offer made by the trader and to every distance contract that is realized between the trader and a consumer. 
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request. 
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way. 
4. In cases where specific product or service-related terms and 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 condition that is most favorable to him in the event of incompatible general terms and conditions.

Article 4 - Offers 
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer. 
2. The offer contains a complete and accurate description of the products and/or services being offered. 
3. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
4. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular: 
a. the price, including taxes; 
b. any costs of delivery; 
c. the way in which the contract shall be concluded and which actions the conclusion require; 
d. whether or not the right of withdrawal applies; 
e. the method of payment, delivery and execution of the contract; 
f. the period for accepting the offer or the period for which the trader guarantees the price; 
g. the size of the tariff for distance communication, if the costs of using such technique for distance communication are calculated on a different basis than the regular basic tariff for the chosen communication technique; 
h. if a contract is filed subsequent to its conclusion, and if so, in which way this can be accessed by the consumer; 
i. the way in which the consumer can obtain information about the data he has provided for the contract, as well as the way he can rectify this information before the contract is concluded; 
j. the languages in which, in addition to Dutch, the contract can be concluded; 
k. the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and 
l. the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.

Article 5 - The contract 
1. The contract will be concluded, subject to the conditions specified in paragraph 4, at the moment at which the consumer accepts the offer and the specified conditions have been fulfilled. 
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader. 
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the trader will take suitable security measures. 
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for refusal to form the contract, then the trader has the right, supported by arguments, to reject an order or application or require special conditions before the conclusion of the contract. 
5. The trader will accompany the product or service send to the consumer with the following information, in writing or any other form which allows easy archiving by the consumer on an easily accessible durable medium: 
1. the office address of the trader’s business location where complaints can be addresses by the consumer; 
2. the conditions under which the consumer can apply for right of withdrawal and instructions for the withdrawal procedures, or a clear statement relating to the exclusion of the right of withdrawal; 
3. information on warranty and available after-sales service; 
4. the details included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with this prior to concluding the contract; 
5. the requirements for dissolving the contract, if the duration of the contract exceeds one year or is indefinite. 
6. The definitions in the previous paragraph applies only to the first delivery, in case of an extended duration contract.

Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the possibility of dissolving the contract, without any given reason, for a period of thirty days. This period starts on the day after the product was received by the consumer, or a representative previous designated by the consumer and announced to the trader. 
2. During this period, the consumer will treat the product and its packaging with care. The consumer will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to call on the right of withdrawal, the consumer will return the product to the trader, with all associated components, and – as far as reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions provided by the trader.

Article 7 - Costs in case of withdrawal 
1. If the consumer decides to call upon his right of withdrawal, the consumer shall be responsible for, at most, the costs of returning the goods. 
2. If the consumer has paid a certain amount, the trader will refund this amount as quickly as possible, latest within 30 days after the goods have been returned or after the withdrawal.

Article 8 - Exclusion from right of withdrawal 
1. The trader can exclude the consumer from the right of withdrawal as defined in paragraph 2 of this article. The exclusion of the right of withdrawal is only valid if the trader has clearly stated the exclusion when making the offer, or at least within reasonable time prior to conclusion of the contract. 
2. Exclusion from the right of withdrawal is only possible for products: 
1. that have been created by the trader in accordance with the consumer’s specifications;
2. that are clearly of a personal nature; 
3. that cannot be returned due to their nature; 
4. that rapidly decay or become obsolete; 
5. the price of which is subject to fluctuations on the financial market over which the trader has no influence; 
6. for individual newspapers and magazines; 
7. for audio- and video-recordings and computer software, whereby the consumer has broken the seal.

Article 9 - Pricing 
1. The prices of the products and/or services being offered will not be increased during the period of validity indicated in the offer, except for price changes in VAT-tariffs. 
2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations together with the statement that all mentioned prices are recommended prices. 
3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of lawful regulations or conditions. 
4. Price increases more than 3 months after the contract was concluded are only permitted if the trader has defined these as such and: 
a. are the result of lawful regulations or conditions; or 
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect. 
5. Prices stated in offers of products or services include VAT.

Article 10 - Conformity and Warranty 
1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If previously agreed upon, the trader also guarantees that the product is suited for other than normal use. 
2. A warranty arrangement offered by the trader, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce upon the trader.

Article 11 - Delivery and execution of contract 
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. 
2. The place of delivery is the delivery address as provided by the consumer upon placing the order. 
3. Taking into consideration that which is stated in article 4 of these General Terms and Conditions, the trader will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to terminate the contract free of charge and a right to possible damages. 
4. In case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution. 
5. Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement. If a replacement is being supplied, this will be stated clearly, at the latest upon delivery. The right of withdrawal cannot be excluded in case of replacement. The costs of return shipments will be charged to the trader. 
6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a designated representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

Article 13 - Payment 
1. All orders need to be paid in advance.
2. The consumer cannot invoke any rights whatsoever in relation to the implementation of the order in question before the payment is complete and received by the trader. 
3. The consumer is obliged to immediately report any inaccuracies in payment data provided or stated. Reports need to be made to the trader. 
4. In case of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs which have been communicated in advance to the customer.

Article 14 - Complaints 
1. The trader provides a complaints procedure which is publically available and will deal with a complaint in accordance with this complaints procedure. 
2. Complaints about executing the contract must be submitted to the trader without delay, completely and clearly defined, after the consumer has discovered the defects. 
3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If a complaint requires a longer processing time, the trader will reply within 14 days confirming receipt and indicating when the consumer can expect a more elaborate reply.