Terms and Conditions

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 - Long-term Transactions: Duration, Termination, and Renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Supplementary or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following is understood as:

  1. Thinking timethe period within which the consumer may exercise their right of withdrawal;
  2. ConsumerThe natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Hellocalendar day;
  4. Duration transactiona distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Sustainable data carrierAny medium that enables a consumer or a trader to store information personally addressed to them in such a manner that future consultation and unaltered reproduction of the stored information are possible.
  6. Right of withdrawalthe possibility for the consumer to withdraw from the distance contract within the reflection period;
  7. Model formthe model withdrawal form that the entrepreneur makes available that a consumer can fill out when they wish to exercise their right of withdrawal.
  8. EntrepreneurThe natural or legal person offering products and/or services to consumers remotely;
  9. Distance contractan agreement whereby, within the framework of a distance selling system for products and/or services organized by the entrepreneur, exclusively one or more distance communication techniques are used up to and including the conclusion of the agreement;
  10. Telecommunication technologymeans that can be used to conclude an agreement, without the consumer and entrepreneur having met in the same space at the same time.
  11. Terms and Conditions: the entrepreneur's General Terms and Conditions.

Article 2 – Identity of the entrepreneur

Smartific.nl
PePePe BV
Sulky 6 J
Zeewolde
3897AJ

Chamber of Commerce number: 34236211
BTW: NL815030411B01

Phone number: 085-0160877

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium, deviating from the previous paragraph and before the distance contract is concluded. 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 free of charge electronically or otherwise at the consumer's request.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
  5. If any provision or provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms shall remain in force for the remainder, and the provision in question shall be replaced without delay, in mutual consultation, by a provision that approximates the original as closely as possible in intent.
  6. Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
  7. Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions shall be interpreted ‘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 without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  4. All images, specifications, and data in the offer are forindicative purposes only and cannot give rise to compensation or dissolution of the agreement.
  5. Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the true colors of the products.
  6. Each offer contains information such that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in the
    special
    • the price includes taxes;
    • the potential shipping costs;
    • the manner in which the agreement will be concluded and the actions required for it;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and performance of the agreement;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the fee for distance communication if the costs of using the distance communication technique are charged on a basis other than the regular basic fee for the communication method used;
    • or whether the agreement is archived after its conclusion, and if so, how the consumer can access it;
    • the way in which the consumer can check and, if desired, rectify the data provided by him in the context of the agreement, before the agreement is concluded;
    • the other languages, if any, in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in case of a continuing performance contract.
    • Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and fulfillment of the conditions stated therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm the receipt of the acceptance of the offer electronically without delay. 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 shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures to this end.
  4. The entrepreneur can – within legal frameworks – inform himself about whether the consumer can meet his payment obligations, as well as about all facts and factors that are important for responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request with justification or to attach special conditions to its execution.
  5. The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the business address of the entrepreneur's branch where the consumer can go with complaints;
  7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  8. information on warranties and existing post-purchase service;
  9. The data as referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.
  11. In the case of a continuous supply of goods, the provision in the previous paragraph shall apply only to the first supply.
  12. Every agreement is subject to the suspensive condition of sufficient availability of the products concerned.

 Article 6 – Right of Withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period begins on the day after the consumer or a representative designated by the consumer and made known to the entrepreneur receives the product.
  2. During the reflection period, the consumer shall handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
  3. When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must make this notification using the model form. After the consumer has notified their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by means of proof of shipment.
  4. If the customer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the sale is final.

When providing services:

  1. When services are delivered, the consumer has the right to cancel the agreement without giving a reason for at least 14 days, starting from the day the agreement was made.
  2. To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in 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, the costs of return shall be borne by them at most.
  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 revocation. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Reimbursement will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
  4. The consumer cannot be held liable for any depreciation in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the sales contract.

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 shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been created by the entrepreneur in accordance with consumer specifications;
  4. that are clearly personal in nature;
  5. which by their nature cannot be returned;
  6. that can spoil or age quickly;
  7. the price of which is linked to fluctuations on the financial market over which the entrepreneur has no influence;
  8. for loose newspapers and magazines;
  9. for audio and video recordings and computer software if the consumer has broken the seal.
  10. for hygiene products where the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. regarding accommodation, transport, catering or leisure activities on a specific date or during a specific period;
  13. the delivery of which has commenced with the express consent of the consumer before the expiration of the reflection period;
  14. concerning bets and lotteries.

Article 9 – The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This tie to fluctuations and the fact that any stated prices are guide prices shall be stated in the offer.
  3. Price increases within 3 months of the agreement being finalized are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. these may result from legal regulations or provisions; or
  6. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  7. The prices mentioned in the product or service offering are inclusive of VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements for soundness and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in their original packaging and in new condition.
  4. The contractor's warranty period matches the manufacturer's warranty period. However, the contractor is never responsible for the final 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 warranty does not apply if:
  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.;
  • The products delivered have been exposed to abnormal conditions, handled carelessly, or treated in violation of the instructions of the contractor and/or on the packaging.;
  • If the defectiveness is entirely or partly 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 shall exercise the utmost care in receiving and executing product orders and in assessing service requests.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Notwithstanding the provisions in paragraph 4 of this article, the company shall execute accepted orders with due diligence, but no later than 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 shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to any compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
  7. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative who has been made known to the entrepreneur, unless expressly agreed otherwise.

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

Resignation

  1. The consumer may terminate an agreement entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of at most one month.
  2. The consumer may cancel an agreement entered into for a fixed term, which is for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed-upon cancellation rules and a notice period of no more than one month.
  3. The consumer can under the agreements mentioned in the previous sections:
  • terminate at any time and not be restricted to termination at a specific time or during a specific period;
  • at least terminate in the same way as they were entered into by him;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. An agreement entered into for a fixed term and intended for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
  2. Notwithstanding the previous paragraph, an agreement entered into for a definite period which is intended for the regular delivery of daily, weekly newspapers and magazines may be tacitly renewed for a definite period of at most three months, if the consumer can cancel this renewed agreement at the end of the renewal with a notice period of at most one month.
  3. An agreement entered into for a fixed term and intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time 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 pertains to the regular, but less than once a month, delivery of daily, news, and weekly papers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.

Duration

  1. 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6(1). In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
  3. In case of default by the consumer, the entrepreneur shall be entitled, subject to statutory limitations, to charge the reasonable costs, previously communicated to the consumer.

Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer should first contact the vendor. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur.webwinkelkeur.nl), they will mediate for free. Check if this online store has an active membership through https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by the WebwinkelKeur Foundation. The ruling of this committee is binding, and both the entrepreneur and the consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is well-founded by the entrepreneur, the entrepreneur shall, at her discretion, either replace or repair the supplied products free of charge.

Article 15 – Disputes

  1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer is resident abroad.
  2. The Vienna Sales Convention does not apply.

 Article 16 – Supplementary or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the disadvantage 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.