Terms of Service

  • Placed on site , 15-05-2024


    • 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 - Conformity and warranty
    • Article 11 - Delivery and execution
    • Article 12 - cancelation and warranty
    • Article 13 - Payment
    • Article 14 - Complaints procedure
    • Article 15 - Disputes
    • Article 16 - Additional or deviating provisions

     

    Article 1 - Definitions

    In these conditions, the following definitions apply:

    1. Reflection period: the period within which the consumer can exercise their right of withdrawal; Read everything about the reflection period
    2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
    3. Day: calendar day;
    4. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
    5. Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
    6. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the reflection period;
    7. Model withdrawal form: the model withdrawal form made available by the entrepreneur which a consumer can fill in if he wishes to exercise his right of withdrawal.
    8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
    9. Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more techniques for distance communication;
    10. Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.
    11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

    Article 2 - Identity of the entrepreneur

    Draquis

    Caitlin van der Scheer

    Leeghwaterstraat 1

    1541LS Koog aan de Zaan

    Netherlands

    T (+31) 45 666 090

    E contact@draquis.com

    Chamber of Commerce (KVK) 87929201


     

    Article 3 - Applicability

    1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
    2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
    3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.
    4. In case specific product or service terms and conditions are also applicable alongside these general terms and conditions, the second and third sections apply accordingly, and the consumer may, in case of conflicting general terms and conditions, always invoke the applicable provision that is most favorable to them.
    5. If any part of these general terms and conditions becomes invalid or is invalidated, either wholly or partially, the agreement and these terms and conditions will continue to apply for the remainder, and the void provision will be substituted with one that closely matches its original intent, determined through mutual agreement and without undue delay.
    6. Situations not governed by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
    7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

    Article 4 - The offer

    1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
    2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
    3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
    4. All images, specifications, data in the offer are indicative and cannot be the basis for compensation or dissolution of the agreement.
    5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
    6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and implementation of the agreement;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the amount of the tariff for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
    • whether the agreement will be archived after its conclusion, and if so, how it will be made available to the consumer;
    • how the consumer, prior to concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
    • any other languages in which, other than English, the agreement 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 electronically; and
    • the minimum duration of the distance contract in case of a long-term transaction.
    • Optional: available sizes, colors, types of materials.

    Article 5 - The agreement

    1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein.
    2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance by the entrepreneur has not been confirmed, the consumer can dissolve the agreement.
    3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
    4. Within the framework of the law, the entrepreneur can inform themselves about the consumer's ability to meet his payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.
    5. The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:
    6. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
    7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    8. information about guarantees and existing after-sales service;
    9. the data referred to in article 4, paragraph 3, of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
    10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
    11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
    12. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

    Article 6 - Right of Withdrawal

    In the case of product delivery:

    1. Upon the purchase of products, the consumer has the option to terminate the agreement without stating reasons within 21 days. This withdrawal period starts on the day after the consumer receives the product or a representative designated in advance by the consumer and made known to the entrepreneur.
    2. During this period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
    3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 21 days after receiving the product. The consumer can make this notification using the model withdrawal form or via another means of communication such as email. After the consumer has notified their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by providing proof of shipment.
    4. If the customer has not notified the entrepreneur of their intention to exercise their right of withdrawal or has not returned the product within the specified timeframes mentioned in sections 2 and 3, the purchase becomes final.

     

    Article 7 - Costs in Case of Withdrawal

    1. If the consumer exercises their right of withdrawal, the maximum costs of return shall be borne by the consumer.
    2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 10 days after receiving the return package. The condition for this refund is that the product has already been received by the web retailer or conclusive evidence of complete return can be provided. Refunds shall be made using the same payment method chosen by the consumer unless the consumer explicitly consents to another payment method.
    3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product. The decrease in value will be taken from the refund amount. 
    4. The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

    Article 8 - Exclusion of the Right of Withdrawal

    1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
    2. Exclusion of the right of withdrawal is only possible for products:
    • that have been made to the consumer's specifications by the entrepreneur;
    • that are clearly of a personal nature;
    • that cannot be returned due to their nature;
    • that can quickly deteriorate or expire;
    • for hygienic products where the consumer has broken the seal.

     

    Article 9 - The Price

    1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, unless due to changes in VAT rates.
    2. Outside the validity period mentioned in the offer, the entrepeneur is free to increase or decrease the price;
    3. The price will not be increased just before an offer. 
    4. The prices mentioned in the offer of products or services include VAT.
    5. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.



    Article 10 - Conformity and Warranty

    1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
    2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
    3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
    4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

    The warranty does not apply if:

    • the consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur's instructions and/or packaging instructions;
    • the defectiveness, wholly or partially, is the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

    Article 11 - Delivery and Execution

    1. The entrepreneur shall exercise the greatest possible care when receiving orders for products and when assessing requests for the provision of services.
    2. The address provided by the consumer to the company shall be considered the place of delivery.
    3. Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 6 working days, unless stated clearly on the website. This could be in case of holidays or illness of the enterpeneur. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 6 working days after placing the order, unless as stated before the enterpeneur is not present due to holiday or illness, but this will be stated clearly on the website. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to any compensation.
    4. All delivery times are indicative. The consumer cannot derive any rights from any specified delivery times. Exceeding a term does not entitle the consumer to compensation.
    5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
    6. If delivery of an ordered product proves to be impossible, the entrepreneur shall coomunicate this with the consumer and, if possible, offer a replacement item. The consumer has the right to decline and cancel the order. A full refund will be made. 
    7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative of the entrepreneur, unless expressly agreed otherwise.

    Article 12 - Cancelation

    Cancelation

    1. The consumer can cancel an order only before it has been handed over to the shipping company. Once it is handed over to the shipping company it is no longer possible to cancel the order. If the consumer wished to return the item the return shipping costs will have to be paid by the consumer. 

     

    Article 13 - Payment

    1. We offer different payment methods including credit cards, paypal and Klarna pay later. The amounts owed by the consumer must be paid according to the timeframe matching with the chosen payment method. 
    2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. 
    3. In case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

    Article 14 - Complaints Procedure

    1. The entrepreneur will handle any complaints and communicates with the consumer directly if possible. 
    2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
    3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time or the entrepeneur is not capable of handling the complaint within this time due to holiday or illness, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
    4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
    5. In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
    6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

     

    Article 15 - Disputes

    1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides outside the Netherlands.
    2. The Vienna Sales Convention does not apply.

     

    Article 16 - Additional or Deviating Provisions

    Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.