Terms and Conditions
General terms and conditions
MEDIATION CONDITIONS
COMPANY CONSTRUCTION
The offer of movable property on the website is not sold by the website owner, but by the seller. When movable property is purchased, a contract is therefore concluded between buyer and seller. The website holder is therefore not itself a party to this contract of sale. The general terms and conditions applicable between the seller and buyer are included in this document for convenience. Note: these general terms and conditions apply between buyer and seller and are therefore not enforceable against the website holder.
If the seller is based in a European Union (EU) country, Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
The seller must give the buyer information regarding taxes, payment, delivery and performance of the contract clearly and in writing.
The buyer receives the order within 30 days, unless a different period has been agreed with the seller. If the movable item in question is not or no longer available, the seller must inform the buyer accordingly. Any (down)payments must be refunded within 30 days, unless the seller delivers a comparable movable item.
The buyer has a right of withdrawal, which means that the buyer may return the purchase for at least fourteen days without giving reasons. Any shipping costs incurred shall be borne by the buyer. Any (down)payments must be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
In these mediation terms and conditions, the following definitions apply:
Website: available platform accessible via urbanace.nl, including all associated subdomains.
Website holder: the company Urban Ace, established at St. Janstraat 14, 6595 AC
Ottersum and registered with the Chamber of Commerce under number 88818993
Buyer: the person who makes a purchase on the aforementioned website.
Seller: company which, either as producer or as trader, sells movable goods to Buyer.
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ARTICLE 2 - RIGHTS OF BUYER
If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Directive includes the following rights and guarantees:
The seller must give the buyer information regarding taxes, payment, delivery and performance of the contract clearly and in writing.
The buyer receives the order within 30 days, unless a different period has been agreed with the seller. If the movable item in question is not or no longer available, the seller must inform the buyer accordingly. Any (down)payments must be refunded within 30 days, unless the seller delivers a comparable movable item.
The buyer has a right of withdrawal, which means that the buyer may return the purchase for at least fourteen days without giving reasons. Any shipping costs incurred shall be borne by the buyer. Any (down)payments must be refunded within thirty days.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
The offer of movable touches on the website is not sold by the website owner, but by the seller. When movable items are purchased, a contract is therefore concluded between the buyer and the seller. The website owner is therefore not itself a party to this contract of sale.
Through the website, certain movable items are purchased from third parties, who may or may not be based in the European Union.
The service provided by the website holder is an intermediary service provided to a third party. When ordering a movable item via the website, the website holder is authorised to act as intermediary, in the name of the buyer and on behalf of the buyer, and to order the movable item from the actual seller of the movable item in question.
If the actual seller is based outside the Netherlands and therefore the movable item in question has to be imported, this will take place in the name of the buyer. Additional costs such as import VAT and (customs) clearance costs shall be borne by the Buyer.
ARTICLE 4 - PAYMENT
Payment for the purchased product is made via the website holder. The website holder also takes care of (onward) payment to the actual seller.
It is possible that the prices stated on the website differ from the amounts (on) paid by the website holder to the actual seller. The Seller may be given the opportunity to purchase the product, after it has been purchased by the Buyer, for a lower amount. In these cases, the difference between the amount paid by the Buyer and the amount paid to the actual seller shall be considered compensation for the intermediary service provided by the website holder to the third party.
ARTICLE 5 - COMPLAINTS PROCEDURE
In the event that the buyer is dissatisfied with the way in which the (mediation) agreement has been executed, this can be made known to the website holder via the contact details mentioned on the website. Any report made by the buyer shall be handled by the website holder with the utmost care and as soon as possible. The website holder will provide a substantive response to the buyer no more than fourteen days after receipt of the report.
In case of dissatisfaction with the procedure referred to in paragraph 1 of this article, the buyer may turn to the dispute committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
General Terms and Conditions
TABLE OF CONTENTS:
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 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader
Withdrawal 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, business or craft and enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: every (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that enables future consultation and unaltered reproduction of the stored information, including e-mail
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Model form: the form for withdrawal which is made available to the consumer by the entrepreneur and which can be filled in by the consumer when he wants to exercise his right of withdrawal;
Entrepreneur: the natural person or legal entity offering products and/or (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling 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 with the consumer;
Technique for distance communication: means that can be used for concluding a distance contract, without the consumer and entrepreneur being together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur (statutory name, possibly supplemented by trade name);
Urban Ace
Business address; St. Janstraat 14 OTTERSUM. 6595 AC.
Telephone number and time(s) when the entrepreneur can be reached by telephone;
0630116740
E-mail address;
info@urbanace.nl
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises, in what way they can be inspected and that these general terms and conditions will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favourable to him.
In the event that one or more provisions in these general terms and conditions are at any time declared null and void or annulled in whole or in part, these general terms and conditions shall for the rest remain in force and the annulled or void provision in question shall be replaced forthwith in mutual consultation by a provision that approximates the purport of the original as closely as possible.
Situations not provided for in these general terms and conditions must be assessed according to these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made under conditions with suspensive or dissolving effect, or any other condition, this will be explicitly mentioned in the offer.
The entrepreneur's offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The entrepreneur's offer contains a description of the products and/or services offered, which is at all times complete and accurate. The offer includes a sufficiently detailed description to enable a proper assessment of the offer by the consumer. Should the entrepreneur use any images that imply that these images show the offered product, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer cannot bind the entrepreneur.
Images of products are a true representation of the products offered. However, the Entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs
the way in which the agreement will be concluded and which actions are necessary for this
are required;
whether or not the height of the tariff for distance communication is calculated on a different basis than the regular basic tariff for the means of communication used;
whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
the minimum duration of the distance contract in case of an extended transaction.
application of the right of withdrawal
the method of payment, delivery and performance of the agreement;
ARTICLE 5 - THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated.
In case the consumer has accepted the offer electronically, the trader 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 dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application, while stating reasons, or to attach special conditions to the implementation.
The entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service or digital content:
the visiting address of the trader's establishment where the consumer can go with complaints;
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;
the information on guarantees and existing after-sales services;
the price, including taxes, of the product, service or digital content;
the cost of delivery, where applicable;
the method of payment, delivery or performance of the distance contract
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
in case the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
On delivery of products:
When purchasing products, the consumer has the opportunity to dissolve the contract for 14 days without giving reasons.
This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
If:
the consumer has ordered several products in the same order, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the last product. The trader may, on condition that he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times.
if the delivery of a product consists of multiple shipments or parts, the cooling-off period commences on the day on which the consumer, or a third party indicated by him, has received the last shipment or part;
the agreement extends to the regular delivery of products during a specific period, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer may dissolve the contract for fourteen days without giving any reason. These fourteen days start from the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within 12 months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
During the cooling-off period, the consumer will handle the product and its 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 to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, 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 make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known using the model form. After the consumer has stated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of dispatch.
ARTICLE 7 - EXERCISE OF THE RIGHT OF WITHDRAWAL
If the consumer exercises the right of withdrawal, he shall bear the costs of returning the goods.
The trader will refund the purchase amount as soon as possible, but no later than 14 days after the withdrawal, in the same way as used by the consumer. This requires return receipt by the trader or conclusive proof of complete return.
Any decrease in value of the product caused by careless handling will be charged to the consumer. This cannot be invoked if the trader has not provided all legally required information regarding the right of withdrawal. This should take place before the purchase agreement is concluded.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
Exclusion of the right of withdrawal is only possible if the trader clearly stated this in the offer, or at least in good time before concluding the contract, and if it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products:
that have been brought about by the entrepreneur to the agreement specifications of the consumer;
that are clearly of a personal nature
that spoil or age quickly;
whose price is subject to fluctuations on the financial market that are beyond the Entrepreneur's control;
for individual newspapers and magazines;
for audio- and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
Exclusion is only possible for the following services:
concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
whose delivery has started with the consumer's express consent before the cooling-off period has expired;
concerning betting and lotteries.
ARTICLE 9 - PRICE
During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
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, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of legal regulations or stipulations; or
the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
ARTICLE 10 - GUARANTEE AND CONFORMITY
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract. This means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.
Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
The company will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer paid as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be 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 representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
Termination
The consumer may terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
Consumers may terminate the agreements referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period of time if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, supply of daily or weekly newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts due by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
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 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be solved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
ARTICLE 15 - DISPUTES
Contracts between the trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
ARTICLE 16 - SUPPLEMENTARY OR DEVIATING PROVISIONS
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a long-term data carrier.
MODEL WITHDRAWAL FORM
Only complete and return this form if you wish to withdraw from the agreement
- To: Name
Company Address
Postcode
Email
Phone number
- I/We (*) hereby inform(*) you that I/We (*) revoke(*) our contract regarding the sale of the following goods/provision of the following service (*):
- Ordered on (DD-MM-YYYY) :- Order number :
- Received on (DD-MM-YYYY):
- Name/Names consumer(s) - Address consumer(s) :
- IBAN Account Number:
- Signature of consumer(s) (only if this form is submitted on paper) - Date(DD-MM-YYYYY):
(*) Delete what does not apply.