General Conditions
1 - Definitions
In these conditions the following terms apply:
- Consumer: the natural person who enters into a distance contract with the entrepreneur;
- Day: business day;
- Right of withdrawal: the option for the consumer to cancel within the reflection period;
- Entrepreneur: adastore.nl;
- Distance agreement: an agreement whereby, in the context of a system organized by the entrepreneur, for the distance sale of products, up to and including the conclusion of the agreement, use is made exclusively for distance communication;
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
2 - Identity of the entrepreneur
Ada store (accesible at https://adastore.nl, https://adastore.eu).
Company name: adastore.nl
Address: Languedoclaan 9, 5627BE, Eindhoven, Noorth Brabant, Netherlands
Telephone: +31 616 917605
E-mail: [email protected]
Chamber of Commerce registration number: 93566921
VAT number: NL003772328B91
3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.
- Before the distance agreement is concluded, the link to these general terms and conditions will be made available to the consumer.
- If one or more provisions in these general terms and conditions change over the time, the agreement and these terms and conditions will remain in force for the rest.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer.
- If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
- the price excludes taxes;
- the possible costs of shipping;
- the manner in which the agreement will be concluded and what actions are required for this;
- if not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period within which the entrepreneur guarantees the sales price;
5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer and made the payment, the entrepreneur will immediately confirm receipt of the offer electronically.
6 - Right of withdrawal
- The consumer has the option to terminate the agreement without giving reasons within 14 days.
- During this 14 days 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 the consumer exercises his right of withdrawal, he will return the product with all accessories supplied 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, then the consumer must make this known using customer service.
- After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days.
7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the product needs to be shipped back to the entrepreneur via mail and costs of return shipping will be paid by the consumer.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 5 days after the product has been received back by the entrepreneur.
- Refunds will be made via the same payment method used by the consumer
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
8 - Exclusion of right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products.
- The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
9 - The price
- The prices stated in the offer of products exclude VAT. Under Article 25 of the VAT Act.
10 - Conformity and warranty
- The entrepreneur guarantees that the products comply with the specifications stated in the offer.
- The legal warranty applies to all products. The duration of the legal warranty may differ based on the nature of the product.
- Any defects or incorrectly delivered products must be reported to the entrepreneur within 2 months after discovery of the defect.
11 - Delivery and execution
- The entrepreneur will exercise the utmost care when receiving and executing orders for products.
- The place of delivery is the address that the consumer has provided to the entrepreneur.
- The entrepreneur will execute accepted orders expeditiously, within 1 business day, unless the consumer has agreed to a longer delivery period.
- If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 3 business days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and any payment made will be refunded in full.
- 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 expressly agreed otherwise.
12 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid at the check out step.
- The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
13 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaintin accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 14 days with an acknowledgment 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 settlement procedure.
- In case of complaints, a consumer must first contact the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- 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 his option, replace or repair the delivered products free of charge.
14 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.