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Article 1 - Definitions
In these general terms and conditions, the following terms are used in the following sense, unless
expressly stated otherwise: Hobby Painter is a website of Daanxl.
Consumer: Natural person who (does not) act in the exercise of his profession or business.
Buyer: The Consumer who (remotely) enters into an agreement with Seller.
Company: The natural or legal person acting in the exercise of his profession or business.
Offer: Any written offer to the Purchaser for the delivery of Products by Hobby Painter.
Article 2 - Identity of the economic operator
Established too: Breestraat 2c, 1941 EJ Beverwijk
E-mail address: contact@HobbyPainter.com
Chamber of Commerce number: 74037595
Article 3 - Applicability
1. These general terms and conditions apply to every Offer made by Hobby Painter and every agreement between Hobby Painter and a Purchaser and to every product offered by Hobby Painter. The present conditions also apply to all agreements with Hobby Painter, the execution of which requires the involvement of third parties.
2. Prior to the conclusion of an agreement (distance), the Purchaser will have access to these general terms and conditions. If this is not reasonably possible, Hobby Painter will indicate to the Purchaser how the Purchaser can view the general conditions, which are in any case published on the website(s) of Hobby Painter, so that the Purchaser can easily save these general conditions on a durable data carrier.
3. Deviation from these general conditions is in principle not possible. The applicability of any (other) general or (purchase) conditions of the Purchaser is expressly rejected. On all orders agreed with Hobby Painter, only the general terms and conditions of Hobby Painter apply. In exceptional situations, it is possible to deviate from the general terms and conditions if this has been explicitly agreed with Hobby Painter in writing.
4. These general terms and conditions also apply to additional, amended and subsequent agreements with the Purchaser.
5. If one or more stipulations of these general terms and conditions are partially or completely void or are annulled, the remaining stipulations of these general terms and conditions will remain in force, and the void/annulled stipulation(s) will be replaced by a stipulation with the same purport as the original stipulation.
6. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions must be assessed and interpreted in the spirit of these general terms and conditions.
Article 4 - The Offer
1. All offers made by Hobby Painter are without obligation, unless explicitly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An offer is only an offer if it has been recorded in writing.
2. The offers made by Hobby Painter are without obligation. Hobby Painter is only bound by the offer if the acceptance thereof is confirmed by the Purchaser in writing within 30 days, or if Hobby Painter sends an invoice based on what has been purchased by the Purchaser and has been recorded in writing on the spot. Nevertheless, Hobby Painter has the right to refuse an agreement with a potential Purchaser for a reason well-founded by Hobby Painter.
3. The offer contains a complete and accurate description of the product offered. The description is so detailed that the Buyer is able to make a proper assessment of the offer. Obvious mistakes or errors in the offer cannot bind Hobby Painter. The images and specific data in the offer are only an indication and cannot be a ground for any damages or the dissolution of the agreement (remotely). Hobby Painter cannot guarantee that the colours in the image correspond exactly to the real colours of the product.
4. Delivery times on the website of Hobby Painter are indicative and, if exceeded, do not entitle the buyer to dissolution or damages, unless expressly agreed otherwise.
5. A compound quotation does not oblige Hobby Painter to deliver any part of the goods included in the offer or quotation for a corresponding part of the price quoted.
6. In principle, no offers are made. If and to the extent that there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the on-is-on-principle as indicated in the offer.
Article 5 - Conclusion of the agreement
1. The agreement comes into effect when the Buyer has accepted an offer from Hobby Painter by paying for the product in question.
2. An offer can be made by Hobby Painter via the web shop.
3. If the Buyer has accepted the Offer by entering into an agreement with Hobby Painter, Hobby Painter will confirm the agreement with the Buyer in writing by e-mail.
4. If the acceptance (on minor points) deviates from the offer included in the offer or invoice, Hobby Painter is not bound by it. The Purchaser must pay the entire offer or invoice, unless the Purchaser can prove that it has been agreed otherwise.
6. Hobby Painter is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
6. Agreements or contracts can only be entered into by authorized personnel, persons employed or hired by Hobby Painter who are authorized to represent and have a written power of attorney.
7. Consumers can revoke within 14 days. The right of revocation is excluded if the Purchaser concerns a company.
Article 6 - Implementation of the Agreement
1. Hobby Painter will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. If and in so far as required for the proper execution of the agreement, Hobby Painter has the right to have certain work carried out by third parties as it sees fit.
3. The Purchaser will ensure that all data, which Hobby Painter indicates to be necessary or which the Purchaser should reasonably understand to be necessary for the execution of the agreement, is provided in a timely manner to
Hobby Painter will be provided. If the information necessary for the execution of the agreement is not provided to Hobby Painter on time, Hobby Painter has the right to suspend the execution of the agreement and/or to charge the purchaser for the additional costs resulting from the delay at the usual rates.
4. Hobby Painter is not liable for damages, of any nature whatsoever, caused by Hobby Painter based on incorrect and/or incomplete information provided by the Purchaser, unless this incorrectness or incompleteness was known to Hobby Painter.
5. The Purchaser indemnifies Hobby Painter against any claims from third parties, who suffer damages in connection with the execution of the agreement and which are attributable to the Purchaser.
Article 7 - Delivery
1. Delivery shall in principle take place from the Supplier's warehouse.
2. Shipment of the products is free of charge.
3. If the commencement, progress or delivery of the services is delayed due to, for example, the Purchaser's failure to provide all requested information or to do so in a timely manner, insufficient cooperation, the receipt or timely receipt of payment by Hobby Painter, or any delay due to other circumstances beyond Hobby Painter's control, Hobby Painter is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never final deadlines. The buyer must give Hobby Painter written notice of default and allow him a reasonable period of time to still be able to (re)deliver. The buyer is not entitled to any compensation due to the delay.
4. The Purchaser is obliged to take delivery of the goods at the time they are made available to him in accordance with the agreement, even if they are offered to him earlier or later than agreed.
5. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, Hobby Painter is entitled to store the goods at the buyer's expense and risk.
6. If Hobby Painter requires information from the buyer within the framework of the execution of the agreement, the delivery time will commence after the buyer has made it available to Hobby Painter.
7. If Hobby Painter has specified a delivery time, it is indicative. For delivery outside the Netherlands, longer delivery periods apply than those specified on the website. This period depends on the delivery time of the Supplier.
8. Hobby Painter is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. Hobby Painter is entitled to invoice the thus delivered separately.
9. The buyer is responsible for the import and payment of VAT and any import duties on the products purchased by the buyer.
Article 7A - Packaging and transport
1. Hobby Painter undertakes towards the client to ensure that the goods to be delivered are properly packaged by the Supplier and to secure them in such a way that they reach their destination in good condition during normal use.
2. Unless agreed otherwise in writing, all deliveries are exclusive of turnover tax (VAT), exclusive of packaging and packaging materials.
3. Acceptance of goods without any comments on the waybill/invoice shall serve as proof that the packaging was in good condition at the time of delivery.
4. The Buyer shall be deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to take delivery of the goods in the agreed manner. If the goods are not sold cleared through customs by Hobby Painter, the Purchaser will not be entitled to cancel the order. If the Purchaser has to pay import duties, these costs are entirely at the risk and expense of the Purchaser. Nor can the right to cancel the order be derived from a change in any quality regulations and/or objections made by third parties to the goods on the grounds of patents, trademarks and other rights.
5. The risk of war shall always be borne by the Buyer.
Article 8 - Investigation, complaints
1. The Buyer shall be obliged to examine the delivered goods (or have them examined) at the time of delivery, but in any event within fourteen days of receipt of the delivered goods, but only to unpack or use them to the extent necessary to assess whether he retains the product. In doing so, the Purchaser shall examine whether the quality and quantity of the delivered goods are in accordance with the agreement and the products meet the requirements that apply to them in normal (commercial) traffic.
2. The Buyer is obliged to examine how the product is to be used and, in the event of personal use, to test the product in accordance with the instructions for use. Hobby Painter acknowledges no liability for the wrong use of the product by the buyer, nor by a wrong advice given by the buyer to the customers of the buyer.
3. Possible visible defects or shortages must be reported in writing to Hobby Painter after delivery at contact@Hobby Painter .nl. The Purchaser has a period of 14 days after delivery. Non-visible defects or shortages must be reported within one month after discovery, but at the latest within six months after delivery. In case of damage to the product due to careless handling by the Purchaser himself, the Purchaser is liable for any reduction in value of the product.
4. If the buyer wishes to return defective goods, this will only take place with the prior written consent of Hobby Painter in the manner indicated by Hobby Painter. The return of goods is exclusively at the discretion of Hobby Painter.
5. If the buyer uses his right of withdrawal, he will, if in the opinion of Hobby Painter this is necessary, return the product and all accessories, as far as reasonably possible, in original condition and packaging to Hobby Painter in accordance with the return instructions of Hobby Painter.
6. Repayment will only be made if agreed in writing with Hobby Painter .
7. Refunds to the buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. Refunds will be made to the previously specified account number.
8. If the Purchaser exercises his right of complaint, he has no right to suspend his payment obligation nor to set off outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more products are missing, and this is due to Hobby Painter, Hobby Painter will, upon request of the Purchaser, either pursue the missing product(s) through the Supplier, or cancel the remaining order (with refund of the overpayment). The confirmation of receipt of the products shall be leading in this respect. Any damage suffered by the Purchaser as a result of the deviating scope of delivery cannot be recovered from Hobby Painter.
10. Complaints are not possible if the Buyer himself has ordered the wrong products, or had wrong expectations of the product in question.
Article 9 - Prices
1. During the period of validity of the offer, the prices of the products offered shall not be increased, except in the event of changes in VAT rates.
2. The prices stated in the offer are exclusive of VAT and other government levies as well as shipping and possible transport and packaging costs, unless explicitly stated otherwise. For consumers, the price is shown exclusive of VAT.
3. The prices stated in the offer are based on the cost factors applicable at the time the agreement was concluded, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any advantageous and disadvantageous differences at the time of arrival, departure or delivery shall be for the benefit or at the expense of the Buyer respectively.
4. In the case of products for which there are price fluctuations on the financial market and on which Hobby Painter has no influence, Hobby Painter may offer these products at variable prices. The offer will state that the prices are target prices and may fluctuate.
5. Three months after the conclusion of the agreement, price increases may be applied by Hobby Painter at its discretion. If price increases take place within these three months, this can only be the result of a statutory regulation.
Article 10 - Payment and collection policy
1. Payment must be made in advance by bank transfer. Objections to the amount of the invoices must be notified within 7 days of the invoice date but do not suspend the payment obligation.
2. The Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
3. Buyer must pay these costs at once, via the means of payment indicated on the webshop. Barring special circumstances, the buyer can only agree on a further term in which the amount due is to be paid with the explicit and written consent of Hobby Painter.
4. Hobby Painter has the right to extend the payments made by the Purchaser in the first place to reduce the costs, then to reduce the outstanding interest and finally to reduce the principal sum and the accrued interest. Hobby Painter may, without being in default as a result, refuse an offer of payment if the buyer designates a different sequence of attribution. Hobby Painter may refuse full repayment of the principal sum, if the outstanding and accrued interest as well as costs are not also paid.
5. When the Purchaser does not meet his/her payment obligation, and does not do so within the stipulated payment period of 14 days, the Purchaser will first receive a written reminder before becoming in default, after which they will receive a reminder informing them of the consequences of the default.
6. From the date that the Purchaser is in default, Hobby Painter will, without further notice of default, claim the statutory interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the decision compensation for extrajudicial collection costs of 1 July 2012.
7. If Hobby Painter has incurred more or higher costs which are reasonably necessary, these costs are eligible for compensation. Judicial and execution costs are also at the expense of the Purchaser.
Article 11 - Guarantees
1. Hobby Painter does not guarantee that the products meet the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the agreement. Hobby Painter does not guarantee the existence of defects in the delivered goods, but Hobby Painter strives and will make every effort to deliver the delivered goods in accordance with the agreement. The actual shelf life of durable products can not be guaranteed.
2. The warranty mentioned above is valid for the scope and for a period corresponding to the manufacturer's warranty. Hobby Painter is never responsible for the suitability of the products for each individual application by the Purchaser and for (advice on) the use or application of the products.
3. All products offered by Hobby Painter are CE marked, as well as the name and address of the manufacturer.
4. If the goods to be delivered do not comply with these guarantees, Hobby Painter will replace the goods within a reasonable period of time after receipt or, if return is not reasonably possible, written notification of the defect by the Purchaser, at Hobby Painter's discretion, or take care of repair. In case of replacement, the Purchaser undertakes to return the replaced goods to Hobby Painter and to provide the property to Hobby Painter if this is required by Hobby Painter for reimbursement.
5. The aforementioned guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when, without the written consent of Hobby Painter , the Purchaser or third parties have made changes or attempted to make changes to the item or have used it for purposes for which the item is not intended or under abnormal circumstances.
6. If the guarantee provided by Hobby Painter concerns a good produced by a third party, the guarantee is limited to the guarantee provided by the producer of the good.
7. Hobby Painter points out that certain products, including external care products, have a limited expiry date, which is stated on the product in question at all times. The buyer must take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty.
8. In case of questions concerning the application of care products and the elaboration of certain ingredients, and their suitability for the Purchaser, the Purchaser can contact Hobby Painter with questions in a general sense, or ask his own (family) doctor for concrete advice.
Article 12 - Suspension and dissolution
1. Hobby Painter is authorized to suspend the fulfilment of the obligations or to dissolve the agreement, if the Purchaser does not or not fully fulfil the (payment) obligations arising from the agreement.
2. In addition, Hobby Painter is authorized to dissolve the existing agreement(s) between itself and the Purchaser, insofar as they have not yet been performed, without judicial agreement, if the Purchaser does not timely or properly fulfill the obligations arising from any agreement entered into with Hobby Painter.
3. Furthermore, Hobby Painter is authorized to dissolve the agreement without prior notice of default if circumstances arise of such a nature that compliance with the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the agreement can no longer be reasonably expected.
4. If the contract is dissolved, Hobby Painter's claims against the Purchaser are immediately due and payable. If Hobby Painter suspends fulfilment of its obligations, it retains its claims under the law and the agreement.
5. Hobby Painter always retains the right to claim damages.
Article 13 - Limitation of liability
1. If the performance of the agreement by Hobby Painter leads to liability of Hobby Painter towards the Purchaser or third parties, such liability is limited to the costs charged by Hobby Painter in connection with the agreement. The liability is in any case limited to the maximum amount of damages paid by the insurance company per situation.
2. The liability of Hobby Painter is further limited to the free repair of a defective item or the replacement of that item - or part thereof - at the discretion of Hobby Painter.
3. Hobby Painter is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or losses, missed savings, damage due to business stagnation and damage resulting from the use of products delivered by Hobby Painter. For consumers, the restriction extends to what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
4.Hobby Painter is not liable for damage that is or can be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Hobby Painter is not responsible for errors and / or irregularities in the functionality of the web site and is not liable for malfunctions or the unavailability of the web site for any reason.
6. Hobby Painter does not guarantee the correct and complete transmission of the content of and email sent by/on behalf of Hobby Painter, nor its timely receipt.
7. All claims of the buyer due to shortcomings on the part of Hobby Painter lapse if they are not reported to Hobby Painter in writing and motivated within one year after the buyer was aware or could reasonably be aware of the facts on which he bases his claims.
8. Hobby Painter expressly rejects all liabilities and claims of Buyers and third parties who have suffered (physical) damage as a result of the use of the products. The products must only be used in accordance with the instructions for use and never exceed the daily quantity. In the event of medication use, the Purchaser must consult his general practitioner at all times.
9. Any advice given by Hobby Painter regarding the use of the products is only general and non-binding in nature. Each Purchaser has to judge on his own responsibility whether the product is suitable for him. In case of doubt, the (family) doctor of the Purchaser should be contacted for an assessment for the use in the specific case.
10. Personal care products and electrical appliances should be kept out of reach of young children. In addition, the products should be stored according to the instructions for use as of 1 January 2012.
11. Hobby Painter advises to consult an expert before using the external care products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients.
Article 14 - Transfer of risk
The risk of loss or damage to the products that are the subject of the agreement is transferred to the Purchaser at the moment the goods leave Hobby Painter's warehouse. Even if the goods are brought under the control of the Purchaser and/or third parties, the risk is transferred to the Purchaser.
Article 15 - Force majeure
1. Hobby Painter is not liable when, as a result of a situation of force majeure, it is unable to fulfil its obligations under the contract, nor can it be required to fulfil any obligation, if it is hindered to do so as a result of a circumstance for which it is not to blame, and for which it is not responsible by virtue of the law, a legal act or generally accepted practice.
2. Force majeure is in any case understood to mean, but is not limited to what is understood in law and jurisprudence, (i) force majeure of suppliers of Hobby Painter , (ii) failure to properly fulfill obligations of suppliers, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the Internet, data network and telecommunication facilities (for example by: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in Hobby Painter's business and (xi) other situations which, in the opinion of Hobby Painter, fall outside its sphere of influence which temporarily or permanently prevent the fulfilment of its obligations.
3. Hobby Painter is entitled to invoke force majeure if the circumstance preventing (further) performance occurs after Hobby Painter should have fulfilled its obligation.
4. Parties may suspend the obligations of the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
5. To the extent that Hobby Painter, at the time of the force majeure, has already partially fulfilled its obligations under the agreement, or will be able to fulfil them, and to comply with them respectively.
Hobby Painter is entitled to invoice the part already fulfilled or to be fulfilled separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 16 - Intellectual Property Rights
1. All IP rights and copyrights of Hobby Painter rest exclusively with Hobby Painter and are not transferred to the Buyer and/or User.
2. The Purchaser is prohibited from disclosing and/or reproducing, altering or making available to third parties all documents on which the IP rights and copyrights of Hobby Painter rest without the express prior written consent of Hobby Painter . If the Purchaser wishes to make changes to
Hobby Painter delivered goods, Hobby Painter must explicitly agree to the intended changes.
3. The Purchaser is prohibited from using the products on which Hobby Painter's intellectual property rights rest other than as agreed in the agreement.
4. If the buyer observes an infringement of the intellectual property rights of Hobby Painter, or otherwise suspects a (possible) infringement of IP rights and copyrights, the buyer will inform Hobby Painter as soon as possible.
Article 17 - Privacy, data processing and security
1. Hobby Painter treats with care the (personal) data of the Buyer and Users of the website(s) and will only use them in accordance with the privacy statement. If requested, Hobby Painter will inform the person concerned about this.
inform. Questions about the processing of personal data and further information can be sent by e-mail to contact@HobbyPainter.nl.
2. In case Hobby Painter has to provide security of information on the basis of the agreement, this security will meet the communicated specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.
Article 18 - Complaints
1. If the Purchaser is not satisfied with the service or products of Hobby Painter or otherwise has complaints about the purchase agreement, the Purchaser is obliged to report these complaints as soon as possible, but at the latest within 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via contact@Hobby Painter .nl with the subject "complaint".
2. The complaint must be sufficiently substantiated and/or explained by the Purchaser, in order for Hobby Painter to be able to deal with the complaint.
3. Hobby Painter will respond to the complaint as soon as possible, but at the latest within 5 working days after receipt of the complaint.
4. Parties will try to reach a solution together.
Article 19 - Applicable law
1. Every agreement between Hobby Painter and the Purchaser is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an interpretation of the content and purport of these general terms and conditions, the Dutch text is always decisive. Hobby Painter is entitled to amend these general terms and conditions unilaterally.
3. All disputes arising from or as a result of the agreement between Hobby Painter and the Purchaser will be settled by the competent court in Amsterdam, unless provisions of mandatory law lead to the jurisdiction of another court.