Article 1 – Definitions
In these conditions the following terms have the following meanings:
- Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Distance contract: an agreement whereby, in the context 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;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
1448 TE Purmerend
Telefoonnummer: 06-51224766 bereikbaar van ma. t/m vr. 09.00 t/m 17.00 uur
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of derogation 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 they can be can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- Engels In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
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 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 products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement;
- the term for accepting the offer, or the term for adhering to the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the agreement is filed after the conclusion, how it can be consulted by the consumer;
- the way in which the consumer can obtain information about actions that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
- any languages in which, in addition to Dutch, the agreement can be concluded;
- the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract in the case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded 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 acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can – within legal frameworks – inform himself 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
- de voorwaarden waaronder en de wijze waarop de consument van het herroepingsrecht gebruik kan maken, dan wel een duidelijke melding inzake het uitgesloten zijn van het herroepingsrecht;
- information about existing after-sales service and guarantees;
- the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information 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.
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a – Right of withdrawal upon delivery of products
- When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This period starts on the day after receipt of the product by or on behalf of the consumer.
- During this 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 makes use of his right of withdrawal, he will return the product with all accessories 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.
- Note: Almost all Sendyouhappiness.com products are made to measure (per piece). This makes it impossible to return your order. If the order has not been properly executed, we would like to hear this by sending an email to info@Sendyouhappiness.com.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
- If the product is used which causes a depreciation, this will be for the account of the consumer.
- 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 dissolution or revocation. The credit may take place after receipt of the purchased products.
Article 8 – Exclusion of right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for 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 personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is dependent on fluctuations in the financial market on 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:
- a) concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
- b) the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
- c) concerning betting and lotteries.
Article 9 – The price
- During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of 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 are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
- An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance contract.
Article 11 – Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer makes known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after placing the order. n that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
- The entrepreneur is not liable for printing errors on its products, which may or may not be correct or incorrect by the contractor. The same applies to all address and delivery data and other data provided by the contracting party.
Article 12 – Duration transactions
- The consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- A fixed-term agreement has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as an indefinite contract and the notice period after continuation of the contract will be a maximum of one month.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
- When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 Intellectual property and copyrights
- Without prejudice to the other provisions of these general terms and conditions, Sendyouhappiness.com reserves the rights and powers that Sendyouhappiness.com is entitled to under the Copyright Act.
- The designs, sketches, drawings, films, software, texts, audio recordings, gift items and other materials or (electronic) files that may be created by Sendyouhappiness.com within the framework of the agreement remain the property of Sendyouhappiness.com, regardless of whether they belong to the contractor or to third parties, unless otherwise agreed.
- All documents provided by Sendyouhappiness.com, such as designs, sketches, drawings, films, software, texts, audio recordings, (electronic) files, other materials and other gift items, are exclusively intended to be used by the contracting party and may not be it will be reproduced, made public or brought to the attention of third parties without the prior consent of Sendyouhappiness.com, unless the nature of the documents provided dictates otherwise.
- com reserves the right to use any knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.
- Everything on the website is owned by Sendyouhappiness.com and may not be reproduced or made public without written permission from Sendyouhappiness.com
Article 16 Responsibility of the contractor.
- The contracting party agrees not to have texts of a racist, sexual or discriminatory nature or texts that are otherwise contrary to the law and / or morality printed in the personal texts on the container / packaging. For Sendyouhappiness.com it is not possible to check the Sendyouhappiness.com products for compliance with this provision.
- The contracting party is responsible for thoroughly checking the data he transmits to Sendyouhappiness.com for correctness and completeness. Sendyouhappiness.com has no responsibility whatsoever to check this information for correctness or completeness.
- The contracting party will indemnify Sendyouhappiness.com against all costs and damages resulting from the fact that the contracting party acts in accordance with articles 15a.1 and 15a.2.
Article 17 Personal data.
Article 18 Applicable law and competent court.
All offers from Sendyouhappiness.com, its agreements and the implementation thereof are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.
Article 19 Links
Article 20 Your rights
You can always ask Sendyouhappiness.com which data about you is processed. To this end, you can send an e-mail. You can also ask Sendyouhappiness.com by e-mail to make improvements, additions or other corrections, which Sendyouhappiness.com will process as soon as possible. If you no longer wish to receive information, you can inform Sendyouhappiness.com of this. Information is only sent if you have provided your e-mail address.
Article 21 – Additional or deviating provisions
Additional provisions or provisions deviating 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 medium.
We are aware that you have confidence in us. We therefore see it as our responsibility to protect your privacy. On this page we will let you know what information we collect when you use our website, why we collect this information and how we use it to improve your user experience. This way you will understand exactly how we work.
Sendhyouhappiness.com respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially.
Use of our services
When you sign up for one of our services, we ask you to provide personal data. These data are used to perform the service. The data is stored on Sendhyouhappiness.com’s own secure servers or those of a third party. We will not combine this information with other personal information that we have.
When you send e-mail or other messages to us, we may save those messages. Sometimes we ask you for your personal information that is relevant to the situation in question. This makes it possible to process your questions and answer your requests. Icoon voor Geverifieerd door de community The data is stored on Sendhyouhappiness.com’s own secure servers or those of a third party. We will not combine this information with other personal information that we have.
What is a cookie?
A cookie is a simple small file that is sent along with pages from this website [en/of Flash-applicaties] and stored by your browser on the hard drive of your computer.
The information stored therein can be sent back to our servers on a subsequent visit.
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These buttons work by means of pieces of code that come from Facebook or Twitter itself.
Cookies are placed through this code. We have no influence on that.
Read the privacy statement of Facebook or Twitter (which can change regularly) to read what they do with your (personal) data that they process via these cookies.
The information they collect is anonymised as much as possible. The information is transferred to and by Twitter, Facebook, Google+ and LinkedIn and stored on servers in the United States. LinkedIn, Twitter, Facebook and Google+ state that they adhere to the Safe Harbor principles and are affiliated with the Safe Harbor program of the US Department of Commerce. This means that there is an appropriate level of protection for the processing of any personal data.
Right to access and correct or delete your data
You have the right to request access to and correction or deletion of your data. See our contact page for this.
To prevent abuse, we may ask you to identify yourself adequately.
When it comes to access to personal data linked to a cookie, you must send a copy of the cookie in question.
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This privacy statement is tailored to the use of and the possibilities on this site. Any adjustments and / or changes to this site may lead to changes in this privacy statement. It is therefore advisable to regularly consult this privacy statement.
Questions and feedback
- Trinidadstraat 67
- 1448 TE Purmerend
- Telefoonnummer: 06-51224766 bereikbaar van ma. t/m vr. 09.00 t/m 17.00 uur
- E-mailadress: info@Sendyouhappiness.com