Terms and Conditions
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 – Prices
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Termination, Renewal, and Duration of Agreements
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Applicable Law
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
- Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
- Consumer: The natural person who does not act in the exercise of a profession or business and enters into a remote agreement with the entrepreneur.
- Remote Agreement: An agreement concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby exclusive use is made of one or more means of remote communication until the conclusion of the agreement.
- Means of Remote Communication: Any tool that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space.
- Cooling-Off Period: The period during which the consumer may exercise their right of withdrawal.
- Right of Withdrawal: The consumer’s option to cancel the remote agreement within the cooling-off period.
- Long-Term Transaction: A remote agreement concerning a series of products and/or services, with delivery and/or purchase obligations spread over time.
- Durable Medium: Any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information, and which allows unchanged reproduction of the stored information.
- Custom Product: Products manufactured according to consumer specifications, not prefabricated, and made based on an individual choice or decision by the consumer, or clearly intended for a specific person.
- Day: Calendar day.
- Written: Includes electronic communication, provided it is stored on a durable medium and accessible for future reference.
Article 2 – Identity of the Entrepreneur
Clipstore.nl
Lindholm 155
2133 CX Hoofddorp
E-mail: info@clipstore.nl
Chamber of Commerce (KvK): 98199048
VAT Number: [to be filled in]
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement concluded between the entrepreneur and the consumer, including all orders.
- Before a remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, prior to the conclusion of the agreement, where the terms can be reviewed and that they will be sent free of charge upon request.
- If the remote agreement is concluded electronically, the text of these general terms and conditions may be provided electronically in a way that allows the consumer to store it on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the terms can be accessed electronically and that they will be sent free of charge upon request.
- If specific product or service conditions apply in addition to these general terms, the second and third paragraphs also apply to those conditions. In case of conflicting provisions, the consumer may rely on the provision most favorable to them.
- If one or more provisions of these terms are found to be wholly or partially invalid or void, the remaining provisions will remain fully in effect. The invalid provision will be replaced by one that closely reflects the original intent.
- Situations not covered by these terms shall be assessed in the spirit of these conditions.
- Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted in the spirit of these general terms and conditions.
Article 4 – The Offer
- If an offer has a limited validity period or is subject to specific conditions, this will be explicitly stated in the offer.
- All offers are non-binding. The entrepreneur reserves the right to modify or adjust the offer.
- The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment. If the entrepreneur uses images, these will be a truthful representation of the products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
- Product images are as accurate as possible representations of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
- Each offer contains information that clearly outlines the rights and obligations associated with acceptance, including:
- The price, including taxes;
- Any shipping costs;
- The method of concluding the agreement and the necessary steps;
- Whether the right of withdrawal applies;
- The method of payment, delivery, and execution;
- The period for accepting the offer or the period during which the price is guaranteed;
- The rate for remote communication, if different from the base rate;
- Whether the agreement will be archived and, if so, how it can be accessed by the consumer;
- How the consumer can check and correct the information provided before concluding the agreement;
- Any other languages in which the agreement may be concluded;
- The codes of conduct the entrepreneur adheres to and how the consumer can access these electronically;
- The minimum duration of the remote agreement in the case of continuous or periodic delivery of products or services.
Article 5 – The Agreement
- Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the stated conditions.
- If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until this confirmation is received, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer pays electronically, the entrepreneur will take suitable security measures.
- The entrepreneur may, within legal boundaries, verify whether the consumer can meet their payment obligations and assess relevant facts and factors for responsibly entering into the remote agreement. If the entrepreneur has valid reasons based on this assessment, they may refuse an order or attach special conditions to its execution.
- Upon delivery of the product or service, the entrepreneur will provide the consumer with the following information in writing or on a durable medium:
- The business address where the consumer can submit complaints;
- The conditions and method for exercising the right of withdrawal, or a clear statement if the right is excluded;
- Information on warranties and after-sales service;
- The data referred to in Article 4, paragraph 3, unless already provided before the agreement was concluded;
- The conditions for terminating the agreement if it has a duration of more than one year or is indefinite.
- For long-term transactions (continuous or periodic delivery), the above applies only to the first delivery.
- All agreements are subject to the condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
For Product Deliveries
- When purchasing standard products, the consumer has the right to cancel the agreement within 14 days without stating reasons. This period begins the day after the consumer or a designated third party receives the product.
- During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functioning. If the consumer exercises the right of withdrawal, they must return the product with all accessories, in its original condition and packaging, following the entrepreneur’s reasonable and clear instructions.
- To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receiving the product, preferably via the model form or email. After notification, the product must be returned within 14 days. The consumer must prove timely return, for example, with a shipping receipt.
- If the consumer does not exercise the right of withdrawal within the specified periods or fails to return the product, the purchase becomes final.
- Exclusion for Custom Products: The right of withdrawal does not apply to products made according to consumer specifications, not prefabricated, and clearly intended for a specific person. See also Article 8.
For Service Deliveries
- For services, the consumer has the right to cancel the agreement within at least 14 days from the date of conclusion.
- To exercise the right of withdrawal for services, the consumer must follow the entrepreneur’s reasonable and clear instructions provided with the offer or at the latest upon delivery.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises the right of withdrawal, they will bear no more than the cost of returning the product.
- If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receiving the withdrawal notice. The entrepreneur may delay the refund until the product has been received or until the consumer provides proof of return, whichever occurs first.
- Refunds will be made using the same payment method the consumer used, unless the consumer explicitly agrees to a different method. No fees will be charged for such alternative refunds.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value.
- The consumer is not liable for depreciation if the entrepreneur failed to provide the legally required information about the right of withdrawal before the agreement was concluded.
Article 8 – Exclusion of the Right of Withdrawal
- The entrepreneur may exclude the consumer’s right of withdrawal for certain products and services, as described in paragraphs 2 and 3 of this article. Such exclusions are only valid if clearly stated in the offer, or at least before the agreement is concluded.
- Exclusion is only possible for products:
- Manufactured according to consumer specifications (custom products);
- Clearly personal in nature;
- That cannot be returned due to their nature;
- That spoil or age quickly;
- Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
- That are individual newspapers or magazines;
- That are audio/video recordings or computer software with broken seals;
- That cannot be returned for hygiene reasons and whose seal has been broken.
- Exclusion is only possible for services:
- Related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- Whose execution has begun with the consumer’s explicit consent before the cooling-off period has expired;
- Related to betting and lotteries.
Article 9 – Prices
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes due to VAT rates.
- Contrary to the above, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond their control. In such cases, the offer will clearly state that prices may vary and that any listed prices are indicative.
- Price increases within three months after the agreement is concluded are only allowed if they result from legal regulations or provisions.
- Price increases after three months are only allowed if:
- The entrepreneur has stipulated this;
- They result from legal regulations or provisions; or
- The consumer has the right to terminate the agreement effective from the date the price increase takes effect.
- Prices listed in offers include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of a printing or typographical error, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees that the delivered products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of reliability and usability, and applicable legal provisions and/or government regulations at the time of the agreement’s conclusion. If explicitly agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
- Any additional warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the agreement.
- Defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of delivery. Returns must be made in the original packaging and in new condition.
- The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding use or application.
- The warranty does not apply if:
- The consumer has repaired or modified the products themselves or had them repaired or modified by third parties;
- The products have been exposed to abnormal conditions, handled carelessly, or used contrary to the entrepreneur’s instructions or packaging;
- The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
- The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing service requests.
- The delivery address is the one provided by the consumer to the entrepreneur.
- Subject to paragraph 4, the entrepreneur will execute accepted orders promptly and no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed or an order cannot be fulfilled (in whole or in part), the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive rights from any stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.
- In case of cancellation under paragraph 3, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
- If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. The delivery will clearly indicate that a replacement item is being provided. The right of withdrawal remains applicable to replacement items. Return shipping costs in such cases are borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative, unless explicitly agreed otherwise.
Article 12 – Termination, Renewal, and Duration of Agreements
Termination
- The consumer may terminate an agreement entered into for an indefinite period that involves regular delivery of products (including electricity) or services at any time, subject to agreed termination conditions and a notice period of no more than one month.
- The consumer may terminate a fixed-term agreement involving regular delivery of products (including electricity) or services at any time at the end of the term, subject to agreed termination conditions and a notice period of no more than one month.
- For agreements mentioned in paragraphs 1 and 2, the consumer:
- May terminate at any time and not be restricted to termination at a specific time or during a specific period;
- May terminate using the same method used to enter into the agreement;
- May terminate with a notice period no longer than that required of the entrepreneur.
Renewal
- A fixed-term agreement involving regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed duration.
- By way of exception, a fixed-term agreement involving regular delivery of daily, news, or weekly newspapers and magazines may be automatically renewed for a maximum of three months, provided the consumer can terminate the renewed agreement with a notice period of no more than one month.
- A fixed-term agreement involving regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, or three months for daily, news, or weekly publications delivered less than once a month.
- Trial or introductory subscriptions for daily, news, or weekly publications are not automatically renewed and end after the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the end of the agreed duration.
Article 15 – Applicable Law
- All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
- The Vienna Sales Convention (CISG) is expressly excluded.
Article 16 – Additional or Deviating Provisions
- Additional provisions or deviations from these general terms and conditions must not be to the consumer’s disadvantage and must be recorded in writing or in a manner accessible to the consumer on a durable medium.