Terms & Conditions

Article 1. Definitions

In these conditions the following definitions shall apply:

Entrepreneur: the natural or legal person responsible for products and/or services to (including remote) customers;
Customer: the natural person or company having a contract (possibly remote) with the entrepreneur;
Agreement (including remote): means an agreement for (remote) sale of products and/or services. This may, in the framework of a system, be organized by the entrepreneur up to and including the conclusion of the agreement using one or more means of distance communication;
Technique for communication (remote): medium that can be used for the conclusion of an agreement, without customer and entrepreneur having met together in the same space;
Reflection: the period within which the customer can make use of his right of withdrawal;
Right Of Withdrawal: the ability for the customer to reflect (remotely) within the period of the agreement;
Day: calendar day;
Duration Transaction: an agreement (remotely) related to a series of products and/or services, whose delivery‑ and/or purchase obligation is spread in time;
Durable data carrier: any means to enable the customer or entrepreneur to store information that is addressed to him personally, in such a way that future consultation and unaltered reproduction of the information is possible.

Article 2. Identity of the entrepreneur

Exceptionel
Loosduinenstraat 30
2729 CZ Zoetermeer
The Netherlands

Tel: + 31-79.785.0263

Email: info@exceptionel.com
Chamber of Commerce number: 51999129
VAT-number: NL 850257190 B01

Article 3. Applicability

These general terms and conditions apply to all offers, deliveries and services provided by the entrepreneur, except written exceptions and without prejudice to any special conditions agreed in a separate agreement between entrepreneur and customer.
Each order supposes the acceptance by the customer of the terms and conditions of the entrepreneur.
Before the agreement is (remotely) closed, the text of these general terms and conditions are made available to the customer. If this is not reasonably possible, before the agreement is (remotely) closed, it will be indicated that the general terms and conditions from the entrepreneur are available and can be sent as soon as possible free of charge at the request of the customer.
If the agreement is (remotely) closed electronically, by way of derogation from the previous paragraph and before the agreement is (remotely) closed, the electronically text of these general terms and conditions are made available to the customer in such way that it can be stored on a durable data carrier. If this is not reasonably possible, before the electronically agreement is (remotely) closed, it can be indicated where the electronically general terms and conditions can be found and that they are, at the request of the customer, being sent free of charge.
Next to these general terms and conditions, specific product or service conditions may apply. In that case, the second and third paragraphs apply, and in the event of contradictory general terms and conditions, the customer may rely on the relevant provision that is for him the most favorable.
The applicability of any purchase or other terms and conditions of the customer is expressly disclaimed.

Article 4. The offer

If an offer has a limited duration or subject to conditions, this shall be expressly in the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to make a good assessment of the offer by the customer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information, that it’s clear to the customer which are his the rights and obligations when accepting the offer. This concerns in particular:
1. the price including (private) or exclusive (business) taxes;
2. any costs of delivery;
3. the way in which the agreement will be and what actions are required;
4. whether or not to apply the right of withdrawal;
5. the method of payment, delivery or performance;
6. the deadline for acceptance of the offer, or the time limit for the price;
7. the height of the rate for (remote) communications if the cost of using the means of (remote) communication is calculated differently than at the basic rate;
8. if the agreement after the creation is archived, how these can be consulted by the customer;
9. the way in which the customer, before for the conclusion of the agreement can withdraw, and the manner in which he can recover before the agreement is completed;
10. any languages in which, in addition to English, the contract may be concluded;
11. the codes of conduct to which the entrepreneur has subject and the way in which the customer can consult these codes electronically; and
12. the minimum duration of the (remote) agreement in the case of an agreement which aims at continuous or periodic delivery of products or services.

Article 5. The agreement

The agreement, subject to the provisions of paragraph 4, concludes at the moment of acceptance by the customer on the provision and meeting the conditions.
If the customer has accepted via electronically way, the entrepreneur confirms the customer without delay by electronically way the acceptance of the offer. As long as the receipt of such acceptance is not confirmed, the customer may rescind the contract.
If agreement is done electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transmission of data to a secure Web environment. If the customer can pay electronically, the entrepreneur takes appropriate security measures.
The entrepreneur can – within legal frameworks – inform the customer to be able to fulfill his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the agreement (remotely). If the entrepreneur on the basis of this research has good grounds not to accept the agreement, he is entitled to refuse an order or request extra information or to implementation special conditions.
The entrepreneur will sent information to the customer, in writing or in such a way that it’s accessible by the customer and way can be stored on a durable data carrier, indicating:
1. the visiting address of the location of the entrepreneur with which the customer may address any complaints;
2. the conditions under which and the manner in which the customer can use the right of withdrawal, or a prominent notice excluding from the right of withdrawal;
3. the information about existing service after purchase and guarantees;
4. Article 4 paragraph 3 of these terms and conditions included data, unless the entrepreneur already supplied this data to the customer before the execution of the agreement;
5. the requirements for termination of the agreement if the agreement has a duration of more than one year or for an indefinite period.
If the entrepreneur has committed itself to delivering a range of products or services, the provision in the previous paragraph shall apply only to the first delivery

Article 6. Right of Withdrawal

delivery of products
1. At the purchase of products the customer has the possibility to terminate the agreement without giving any reason within a period of seven working days. This period shall begin from the day after receipt of the product by or on behalf of the customer.
2. During this period the customer will carefully deal with the product and the packaging. He will extract the product only to the extent to assess whether he wishes to preserve the product. If he uses his right of withdrawal, he will return the product with all included accessories and – if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the by the entrepreneur provided reasonable and clear instructions.
in the supply of services
1. On delivery of services, the customer has the possibility to terminate the agreement without giving any reason within a period of seven working days beginning on the day of the conclusion of the agreement.
2. To make use of his right of withdrawal, the customer will comply by the in the offer and/or the latest at the time of delivery in this area provided reasonable and clear instructions by the entrepreneur.

Article 7. Expenses in case of revocation

If the customer makes use of his right of withdrawal, the cost of return are at the expense of the customer.
If the customer has paid an amount, the entrepreneur will return or refund this amount as soon as possible but no later than within 30 days after the revocation.

Article 8. Exclusion right of withdrawal

If the customer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur mentions this clearly in the offer, at least in time before for the conclusion of the agreement.
Exclusion of the right of withdrawal is possible only for products:
1. which by the entrepreneur are made according to customer specifications;
2. which are clearly personal in nature;
3. which by their nature cannot be returned;
4. which are liable to deteriorate or expire rapidly;
5. the price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence;
6. for loose newspapers and magazines;
7. for audio and video recordings or computer software which the customer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. on accommodation, transport, catering or leisure to carry on a certain date or during a certain period;
2. whose delivery with express consent of the client is started before the cooling-off period has expired;
3. on betting and lotteries.

Article 9. The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except if subject to price changes due to changes in commodity prices and in VAT‑levels.
Notwithstanding the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence. These fluctuations and the fact that the prices may be target prices are listed in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions and changes in commodity prices.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
1. These are the result of statutory regulations or provisions; or
2. the customer has the power to terminate the agreement by the day on which the price increase takes effect.
The in the supply of products or services mentioned prices include (private) or exclusive (business) VAT.

Article 10. Conformity and guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, to the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legislation and/or Government regulations.
A by the entrepreneur, manufacturer or importer offered guarantees do not alter the rights and claims that the customer had in respect of a shortcoming in the fulfillment of the obligations by the entrepreneur and the entrepreneur can do under the law and/or the (remote) agreement.

Article 11. Delivery and implementation

The entrepreneur will grant the greatest possible care for the acceptance and implementation of orders of products and when assessing applications for grant of services.
The place of supply is the address that the customer gave at time of order.
With regard to the provisions mentioned in article 4 of these general terms and conditions, the company shall implement accepted orders promptly but not later than within 30 days, unless a longer delivery period is agreed upon. If the delivery is delayed, or if an order cannot or only partially be performed, the customer receives information on this no later than one month after he has placed the order. The customer has in that case, the right to change the agreement without cost to dissolve and the right to any compensation, with the exception of exclusions described in article 8.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the customer has paid as soon as possible but no later than within 30 days after the dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will do its utmost best to propose a replacement item. At the latest during the delivery, it shall be clearly and in a comprehensible way be reported that a replacement article is delivered. With substitute items the right of withdrawal cannot be ruled out. The cost of return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products remains until the moment of delivery to the customer at the entrepreneur, unless otherwise expressly agreed.

Article 12. Duration Transactions

The customer can terminate an agreement which is concluded for an indefinite period at any time following the agreed termination rules and a period of notice of up to one month.
An agreement that has been concluded for a certain period of time has a maximum duration of up to two years. If it has been agreed between parties that the (remote) agreement shall be “silently” extended, the agreement will continue as a contract for an indefinite period and notice is up to one month.

Article 13. Payment

As far as not agreed differently, the amounts owed by the customer must be paid within fourteen days after delivery of the goods or in the case of a contract for the provision of a service, within 14 days after completion of the agreed service.
The customer has a duty to inform the entrepreneur of any inaccuracies in payment data provided or referrals without delay.
In case of default by the customer, the entrepreneur is entitled to use legal constraints, and has the right to charge the customer all related reasonable costs.
If a payment term for an order is agreed, non-payment on the due date of the invoice implies - and without that prior notice is required - a compensation of 10% of the total sum with a minimum of 50 EUR, and with a back payment interest at the rate of 10% per year.
The delivered goods and/or services remain the property of the entrepreneur until the complete payment of the selling price plus any costs and interest have been received by the entrepreneur.

Article 14. Complaint Scheme

The entrepreneur has a sufficiently publicized complaint procedure and deals with the complaint in accordance with this complaint procedure.
Complaints about the implementation of the agreement must be fully and clearly defined and shall be submitted to the entrepreneur, after the customer has found the defects.
Complaints submitted to the entrepreneur shall be adopted within a period of 14 days from the date of receipt. If a complaint predicts longer processing time, the entrepreneur shall reply within the period of 14 days with a message of reception and an indication when the customer will receive a more detailed reply.
If the complaint cannot be resolved between customer and entrepreneur, the dispute is susceptible to the settlement of a dispute committee.

Article 15. Disputes

The agreements between the entrepreneur and the customer to which these general terms and conditions relate are exclusively governed by Dutch law.
In case of a dispute, only the courts in The Hague are competent and the Dutch law is always applicable.
In all cases, the Dutch version of these General Terms & Conditions is leading. They can be found on www.voorwaarden.net.

Article 17. Additional or different terms

Additional or differing provisions may not be at the disadvantages of the customer and must be in writing or in such a way that the customer can access them in a way that can be stored on a durable data carrier.

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Terms & Conditions