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General terms and conditions

General Terms and Conditions
Below you will find general terms and conditions that you can use for your webshop. Please note: no rights can be derived from these general terms and conditions. Consult a lawyer if you have any doubts about their content.

Article 1 – Definitions
The following definitions apply in these conditions:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

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;

Day: calendar day;

Duration 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 means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows 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 cooling-off period;

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

Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;


Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: the current General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
CAAYSHOP
Thomas a kempisstraat 44-2, 1064 LX Amsterdam;
Email address: caayshop@hotmail.com
Chamber of Commerce number: 65153863
VAT identification number: NL002336526B66

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's request. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier, notwithstanding 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 viewed electronically and that they can be viewed at the consumer's request.




will be sent free of charge by electronic means or otherwise.
In the event that, in addition to these general terms and conditions,
specific product or service conditions also apply,
the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions,
the consumer can always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions
are at any time wholly or partially null and void or annulled,
the agreement and these terms and conditions will otherwise remain in force and the provision in question will be
immediately replaced by a provision in mutual consultation that approximates the purport of
the original as much as possible.
Situations that are not regulated in these general terms and conditions
must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguities regarding 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 products and/or services
offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.



All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the manner 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 and execution of the agreement; the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement is archived after it has been concluded, and if so, how the consumer can consult it;
the manner in which the consumer can check the data provided by him/her in the context of the agreement and, if necessary, restore it before concluding the agreement;
any other languages ​​in which, in addition to Dutch, the agreement can be concluded;


the codes of conduct to which the entrepreneur has submitted
and the manner in which the consumer can consult these codes of conduct
electronically; and
the minimum duration of the distance contract in the event of a
long-term transaction.
Optional: available sizes, colours, type of materials.
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 conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm
receipt of acceptance of the offer electronically. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational 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 - 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 the entrepreneur has good reasons based on this investigation not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will 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: a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;



b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these conditions,
unless the entrepreneur has already provided this information to the consumer
prior to the execution of the agreement;
e. the requirements for terminating the agreement if the
agreement has a duration of more than one year or is of
indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only
applies to the first delivery.
Each agreement is entered into under the suspensive
conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to
dissolve the agreement without giving reasons
for 14 days. This cooling-off period commences on the day after
the consumer or a representative designated in advance by the
consumer and made known to the entrepreneur
receives the product.
During the cooling-off 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
supplied 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.
If the consumer wishes to exercise his
right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days
after receipt of the product. The consumer must make this known by means of a written message/



e-mail. After the consumer has indicated that he/she wishes to exercise his/her right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not indicated that he/she wishes to exercise his/her right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in the event of withdrawal
If the consumer exercises his/her right of withdrawal, the costs for returning the products are 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 withdrawal. The condition for this is that the product has already been received by the web shop or conclusive proof of complete return can be provided. 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 only applies 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:
a. that have been created by the entrepreneur in accordance with
specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;


e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products 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 performed on a specific date or during a specific
period;
b. the delivery of which has begun with the express consent of the
consumer before the cooling-off period has expired;
c. concerning bets and lotteries.
Article 9 – The price
During the validity period stated in the offer, the
prices of the products and/or services offered will not be increased,

except for price changes resulting from changes in VAT
rates. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated 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:


a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are
inclusive of 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, the reasonable requirements of soundness and/or
usability and the statutory provisions and/or government regulations in force on the date the
agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use. 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 on the basis of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee 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 guarantee does not apply if:


The consumer has repaired and/or
processed the delivered products themselves or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or have been treated on the
packaging;
The defectiveness is wholly or partly the result of
regulations that the government has set or will set with regard to
the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing
orders for products.
The place of delivery is the address that the consumer has made known to the
company.
Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after termination. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. 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 representative made known to 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, taking into account 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 towards the end of the definite period, taking into account the agreed termination rules and a notice period of no more than one month. The consumer can terminate the agreements referred to in the previous paragraphs:
at all times and not be limited to termination at a
certain time or in a certain period;
at least terminate in the same manner as they were
entered into by him;
always terminate with the same notice period as the entrepreneur has
stipulated for himself.
Extension
A contract entered into for a fixed period and which aims
to regularly deliver products (including electricity) or services, may not be tacitly extended or
renewed for a fixed period.
In deviation from the previous paragraph, a contract entered into for a
fixed period and which aims to regularly deliver
daily newspapers, weekly newspapers and magazines may be tacitly



extended for a fixed period of up to three months, if the
consumer can cancel this extended agreement at the end of the
extension with a notice period of no more than one
month.
A contract that has been entered into for a fixed period and that
provides for the regular delivery of products or services, may only
be tacitly extended 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 contract provides for the regular, but
less than once a month, delivery of daily, news and
weekly newspapers and magazines.
A contract with a limited duration for the regular
delivery of daily, news and weekly newspapers and magazines (trial or introductory
subscription) is not tacitly continued and ends automatically 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 commences after the consumer has received confirmation
of the agreement.
The consumer has the duty to report any inaccuracies in the payment details provided or
stated 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
Complaints about the performance of the agreement must be submitted to the
entrepreneur fully and clearly described within 7
days 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 foreseeably longer processing time,
the entrepreneur will respond within the period of 14 days
with a confirmation 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 the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur,
unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur,
the entrepreneur will, at its discretion, either replace or repair the delivered products
free of charge.
Article 15 – Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer
to which these general terms and conditions apply. Even if the consumer lives abroad.