Terms of service

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 warranty Article 11 - Delivery and execution Article 12 - Duration transactions: duration, termination, and extension 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 is understood:

Reflection period: the period within which the consumer can make use of his right of withdrawal;

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

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

Model withdrawal form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in if he wishes to make use of his right of withdrawal.

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

Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

Technique for distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time.

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

Article 2 - Identity of the entrepreneur

Medieval Mercer Dillenburgstraat, 56 2404EX Alphen aan den Rijn Netherlands E medievalmercer@outlook.com Chamber of Commerce (KVK) number: 91125219 VAT number: NL004867861B53 Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or in another way upon request.

In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the most favorable provision in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially null and void or are destroyed at any time, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced by a provision that reflects the original intention as closely as possible in mutual consultation.

Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

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

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

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

All images, specifications, data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images with products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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 take appropriate security measures.

The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, he is entitled to refuse an order or request supported by reasons or to attach special conditions to the implementation.

Together with the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

The visiting address of the establishment of the entrepreneur where the consumer can go with complaints; The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; The information about guarantees and existing service after purchase; The price including all taxes on the product or service; to the extent applicable the costs of delivery; and the method of payment, delivery or implementation of the distance contract; The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

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

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, the consumer returns the product, or hands it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.

If the consumer withdraws after having explicitly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale be commenced in a limited volume or given quantity during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation already performed at the time of withdrawal, compared to the full fulfillment of the obligation.

The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating if:

The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the costs reimbursement in the event of withdrawal or the model withdrawal form, or; The consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the reflection period.

The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

He has not expressly consented to the start of the performance of the agreement before the end of the reflection period; He did not acknowledge losing his right of withdrawal when giving his consent; or The entrepreneur failed to confirm this statement from the consumer.

If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided.

The entrepreneur uses the same payment method that the consumer has used for reimbursement unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can 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 has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

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

That have been created by the entrepreneur in accordance with the consumer's specifications; That are clearly of a personal nature; That cannot be returned due to their nature; That spoil or age quickly; Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; For 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 services:

Regarding accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period; Whose delivery has commenced with the express consent of the consumer before the reflection period has expired; Regarding bets and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, unless due to changes in VAT rates.

Contrary to the previous provision, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. The dependency on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

 

they result from statutory regulations or provisions; or

the consumer has the authority to terminate the agreement from the day the price increase takes effect.

 

The prices mentioned in the offer of products or services include VAT.

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

Article 10 - Conformity and warranty

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

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.

The entrepreneur's warranty period corresponds to the manufacturer's warranty 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.

The warranty does not apply if:

 

the consumer has repaired or modified the delivered products themselves or has had them repaired or modified by third parties;

the delivered products have been exposed to abnormal conditions or handled carelessly or are contrary to the entrepreneur's instructions and/or have been handled on the packaging;

the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose concerning the nature or quality of the materials used.

 

Article 11 - Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving orders for products and when assessing requests for the provision of services.

The address communicated by the consumer to the company is considered the place of delivery.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery, or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without incurring any costs. The consumer is not entitled to compensation.

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

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 within 14 days after termination.

If it turns out to be impossible to deliver a product ordered, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to 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.

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

The consumer can terminate the agreements mentioned in the previous paragraphs:

 

at any time and not be limited to termination at a specific time or during a specific period;

at least terminate in the same manner as they were entered into by them;

always terminate with the same notice period as the entrepreneur has stipulated for themselves.

 

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a certain period.

Contrary to the preceding paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of day, news, and weekly newspapers and magazines may be tacitly renewed for a certain duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is at all times entitled to terminate with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of day, news, and weekly newspapers and magazines.

An agreement with a duration of less than one year for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year 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

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of late payment by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the consumer reasonable costs notified in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur in writing and described fully and clearly within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

In the case of complaints, the consumer must first contact the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and in cases where complaints cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not reached, the consumer has the option to submit the dispute to the independent dispute committee appointed by Stichting WebwinkelKeur, and the decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Costs are associated with submitting a dispute to this committee, which the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of 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 data carrier.