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Terms and Conditions


General Terms and Conditions of Frisian Tiles
Most recently changed on 29-11-2012
 
Contents
 
Article    1 - Definitions                                                       
Article    2 - The Entrepreneur’s identity                             
Article    3 - Applicability                                                     
Article    4 - The offer                                                          
Article    5 - The contract                                                    
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 Guarantee                              
Article  11 - Delivery and execution                                    
Article  12 - Continuing performance contract                    
Article  13 - Payment                                                           
Article  14 - Complaints procedure                          
Article  15 - Disputes                                                           
Article  16 – Additional or varying provisions                                            
                       
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following
meanings:
 
1. Entrepreneur: the natural of legal person affiliated with providing distance  
    products and/or services to consumers;
2. Consumer: the natural person not acting in the exercise of his/her
    profession or business and entering into a distance contract with the  
    entrepreneur;
3. Distance Contract: a contract in which, up to the conclusion of the
    contract, exclusive use is made of one or more technologies of distance
    communication within the scope of the system organised by the
    Entrepreneur for distance sale of products and/or services;
4. Technology for distance communication: a means to be used for concluding
    an agreement, without the Consumer and the Entrepreneur being together
    in the same place at the same time.
5. Cooling-off period: the period during which the Consumer may exercise the
    right of withdrawal;
6. Right of withdrawal:  the option for Consumers to withdraw from the
    distance contract within the cooling-off period;
7. Day: calendar day;         
8. Continuing performance contract: a distance contract concerning a series
    of products and/or services, for which the offer and/or purchasing
    obligation is spread over a longer period;
9. Long-term data carrier: any means that allow the Consumer or the
    Entrepreneur to store information directed to him/her personally in a way
    to make future consultation and unaltered reproduction of the stored
    information possible.
 
Article 2 – The Entrepreneur’s identity
 
Jan de Vries, Frisian Tiles
Greate Buorren 13, 9024 EJ, Weidum, the Netherlands;
Tel: +31 61 085 2888 during workdays from 10:00 till 18:00 GMT
E-mail address: frisiantiles@gmail.com
Dutch Chamber of Commerce reg. no.: 52658252
VAT identification no.: NL109949122B01

If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;
 
If the Entrepreneur practises a regulated profession:
-  the professional association or organisation of which he is a member;
-  the title of his profession, the place in the EU or the EEA where it is awarded;
-  a reference to the rules of professional practice which are applicable in the
   Netherlands and information about where and how these professional rules can be
   accessed

Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to  
    any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these
    General Terms and Conditions available to the Consumer. If this is reasonably not
    possible, the Entrepreneur, before concluding the distance contract, shall notify that
    the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at
    the Consumer´s request, they will be sent to the Consumer free of charge as soon as
    possible.
3. If the distance contract is concluded electronically, the text of these General Terms
    and Conditions, in deviation from the previous section and before the distance
    contract is concluded, may also be supplied to the Consumer electronically in such a
    way that the Consumer can easily store it on a long-term data carrier. If this is
    reasonably impossible, it will be specified where the General Terms and Conditions
    can be viewed electronically before concluding the distance contract, and that they
    will be delivered at the Consumer´s request free of charge, either via electronic means
    or otherwise;
4. If in addition to these General Terms and Conditions specific product or service
    conditions apply, the second and third paragraphs shall apply accordingly, and in the   
    event of contradictory General Terms and Conditions, the Consumer may always
    appeal to the applicable provision that is most favourable to him/her.
 
Aticle 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly
    stated in the offer.
2. The offer contains a full and accurate description of the products and/or services
    offered. The description is suitably detailed to enable the Consumer to assess the
    products and/or services adequately. If the Entrepreneur makes use of pictures, they
    are truthful images of the products and/or services provided. Obvious errors or
    mistakes in the offer are not binding for the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and
    duties are attached to accepting the offer. This involves in particular:

    ●  the price, including taxes;
    ●  any delivery costs, if applicable;
    ●  the way in which the agreement will be concluded, and what actions  are needed to
        establish this;
    ●  whether or not the right of withdrawal is applicable;
    ●  the form of payment, delivery or performance of the contract;
    ●  the time frame for accepting the offer, or , as the case may be, the time frame for
        honouring the price;
    ●  the rate of distance communication if the costs for using the technology for  
        distance communication are calculated on a basis other than the basic rate;
    ●  if the contract is filed after conclusion, how the Consumer can consult it;
    ●  the manner in which the Consumer may acquaint him/herself with undesired   
        actions before concluding the contract, and the way the Consumer may correct      
        these actions before the contract is concluded;
    ●  any languages other than Dutch in which the contract 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 via electronic means, and
    ●  the minimum duration of the distance contract in the event of a contract for
        continuous or periodical delivery of products or services.

Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the
    Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepted the offer via electronic means, the Entrepreneur shall
    promptly confirm the receipt of the acceptance of the offer via electronic means. As
    long as the receipt of said acceptance has not been confirmed, the Consumer may
    repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate
    technical and organisational security measures for the electronic data transfer and
    ensure a safe web environment. If the Consumer can pay electronically, the
    Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about
    Consumer’s ability to fulfil his payment obligations, as well as all facts and factors
    relevant to responsibly concluding the distance contract. If, acting on the results of
    this investigation, the Entrepreneur has sound reasons for not concluding the contract,
    he is lawfully entitled to refuse an order or request while giving reasons, or to attach
    special terms to the implementation.
5. The Entrepreneur shall send the following information along with the product or
    service, in writing or in such a way that the Consumer can store it in an accessible
    manner on a long-term data carrier:
    a. the visiting address of the Entrepreneur´s business establishment where the
        Consumer may get into contact for any complaints;
    b. the conditions on which and the way in which the Consumer may exercise the right   
        of withdrawal, or, as the case may be, clear information about being exempted
        from the right of withdrawal;
    c. the information corresponding to existing after-sales services and guarantees;
    d. the information as stated in article 4 paragraph 3 of these Terms and Conditions,  
        unless the Entrepreneur has already provided the Consumer with this information
        before the performance of the contract;
    e. the requirements for cancelling the contract if the contract has a duration of more  
        than one year or for an indefinite period of time.
6. If the Entrepreneur has undertaken to deliver a series of products or services, the
    stipulation in the previous paragraph applies to the first delivery only.
 
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the Consumer has the option to repudiate the contract
    without specifying any reasons for a period of at least 14 days. This period starts on
    the day the product is received by or on behalf of the Consumer.
2. During this period, the Consumer shall handle the product and the packaging with
    care. The Consumer shall only unpack or use the product to the extent necessary to
    judge whether he or she wishes to keep the product. If wishing to exercise the right of
    withdrawal, the Consumer shall return the product with all delivered accessories and,
    as far as reasonably possible, in the original condition and packaging to the
    Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.
When providing services:
3.  When providing services, the Consumer has the option to repudiate the contract
     without specifying any reasons, for a period of at least 14 days starting on the day of
     concluding the contract.
4. To exercise the right of withdrawal, the Consumer shall follow the reasonable and
    clear instructions given by the Entrepreneur in this context during the offer and/or
    before the delivery.
 
Article 7 - Costs in case of withdrawal
1. Should the Consumer exercise the right of withdrawal, only the returning costs are at
    the Consumer´s expense.
2. If the Consumer has made a payment, the Entrepreneur shall return this amount as
    soon as possible, but within not more than 30 days after the return or withdrawal.
 
Article 8 - Exclusion of the right of withdrawal
1. If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude
    this right only if the Entrepreneur indicated this clearly in the offer or at least in good
    time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
    a. that were realised according to the Consumer’s specifications;
    b. that are obviously personal in nature;
    c. that cannot be returned due to their nature;
    d. that spoil or age quickly;
    e. whose prices are subject to fluctuations in the financial market that are beyond the
        Entrepreneur’s control;
    f. for single newspapers and magazines;
    g. for audio and video recordings and computer software of which the Consumer has
        broken the seal;
3. Exclusion of the right of withdrawal is only possible for services
    a. regarding accommodation, transportation, restaurant establishments or leisure  
        activities to be used or performed on a certain date or during a certain period;
    b. of which the provision has been started with the Consumer’s explicit consent  
        before the expiration of the cooling-off period;
    c. regarding betting and lotteries;

Article 9 - The price
1. The prices of the products and/or services provided shall not be raised during the
    validity period stated in the offer, subject to changes in price due to changes in VAT
    rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services
    whose prices are subject to fluctuations in the financial market that are beyond the
    Entrepreneur’s control, at variable prices. The offer will state the possibility of being
    subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only as a
    result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the
    Entrepreneur has stipulated it and
     a. they are the result of legal regulations or stipulations, or
     b. the Consumer has the authority to cancel the contract before the day on which the
        price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
 
Article 10 – Conformity and Guarantee
1. The Entrepreneur guarantees that the products and/or services comply with the
    contract, with the specifications listed in the offer, with reasonable requirements of
    usability and/or reliability and with the existing statutory provisions and/or
    government regulations on the day the contract was concluded.
2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or
    Importer shall not affect the rights and claims the Consumer may exercise against the
    Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based
    on the law and/or the distance contract.
 
Article 11 – Delivery and execution
1. The Entrepreneur shall exercise the best possible care when booking and when
    executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the company.
3. With due observance of the stipulations in Article 4 of these General Terms and    
    Conditions, the Company shall execute accepted orders with convenient speed but at  
    least within 30 days, unless a longer delivery period was agreed. If the delivery has
    been delayed, or if an order cannot be filled or can be filled only partially, the
    Consumer shall be informed about this within one month after ordering. In such
    cases, the Consumer is entitled to repudiate the contract free of charge and with the
    right to possible compensation.
4. In the event of repudiation under the preceding paragraph, the Entrepreneur shall
    return the payment made by the Consumer as soon as possible but at least within 30
    days after repudiation.
5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall
    make an effort to offer an equivalent replacement product. Before the delivery, it
    shall be reported in a clear and comprehensible manner that a replacement product
    will be delivered. The right of withdrawal may not be excluded with replacement
    products. The costs of the return shipment are to be borne by the Entrepreneur.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall
    remain with the Entrepreneur until the time they are delivered to the Consumer.
 
Article 12 – Termcontracts: duration, termination and renewal
1. Regarding an indefinite contract, which extends to the regular delivery of products or  
    services the consumer may terminate at any time in compliance to the applicable
    termination rules and a notice of up to one month.
2. Regarding a definite contract, which extends to the regular delivery of products or  
    services the consumer  can terminate the contract at any time at the end of the fixed
    term in compliance with the applicable termination rules and with a notice of at the
    most one month.
3. If a contract lasts more than one year, after one year of the agreement the consumer
    may at any time terminate with a notice of up to one month prematurely, unless the  
    reasonableness and fairness resisting the termination before the end of the agreed
    term.
 
Article 13 – Payment
1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled
    within 14 days after delivery of the goods, or in the event of an agreement to provide
    a service, within 14 days after the delivery of documents relating to this service.
2. When selling products to Consumers, it is not permitted to negotiate an advance
    payment of more than 50% in the General Terms and Conditions. When an advance
    payment was agreed, the Consumer may not assert any right regarding the execution
    of that order or the provision of the service in question before the agreed advance
    payment has been made.
3. The Consumer has the duty to inform the Entrepreneur promptly of possible
    inaccuracies in the payment details.
4. In case of nonpayment on the part of the Consumer, and subject to legal restrictions,
    the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to
    the Consumer.
 
Article 14 – Complaints procedure
1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall
    handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to the
    Entrepreneur fully and clearly described within a reasonable time after the Consumer
    has discovered the defects.
3. The complaints submitted with the Entrepreneur shall be replied within a period of 14
    days after the date of receipt. Should a complaint demand a foreseeable longer time
    for handling, the Entrepreneur shall respond within 14 days with a notice of receipt
    and an indication when the Consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation, there will be a dispute that is    
    open to the dispute settlement rules.
 
Article 15 - Disputes
1. Contracts between the Entrepreneur and the Consumer, to which these General Terms
    and Conditions apply, are exclusively governed by Dutch law.
 
Article 17 - Additional or varying provisions
Additional provisions of and/or deviations from these General Terms and Conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can stored them in an accessible manner on a long-term data carrier.