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Terms and conditions

Table of contents

Article 1 – Definitions
Article 2 – Identity of the trader
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 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read more about the cooling-off period
  • Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;
  • Day: calendar day; Duration 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;
  • Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
  • Model form: the model withdrawal form made available by the trader, which a consumer can fill in when they wish to exercise their right of withdrawal.
  • Trader: the natural or legal person that offers products and/or services to consumers at a distance;
  • Distance contract: an agreement in which, within the framework of a system organized by the trader for the 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;
  • Technique for distance communication: means that can be used to conclude an agreement, without the consumer and trader being together in the same place at the same time.
  • Terms and Conditions: the present Terms and Conditions of the trader.

 

Article 2 – Identity of the trader

Mr. Shitagi Kennemerplein 6 2011 MJ Haarlem The Netherlands

E hello@mrshitagi.com KVK 86068954 VAT number NL004186654B31

 

Article 3 – Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer. Before the distance contract is concluded, the text of these 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 terms and conditions can be viewed at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer, either electronically or otherwise, upon request. If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them. If one or more provisions of these terms and conditions are wholly or partially void or annulled at any time, the remainder of the agreement and these terms and conditions will remain in effect, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible. Situations not covered by these terms and conditions should be assessed ‘in the spirit of’ these terms and conditions. Any uncertainty regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted ‘in the spirit of’ these terms and conditions.

 

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The trader is entitled to modify and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The trader cannot guarantee that the colors shown correspond exactly to the actual colors of the products. Every offer contains information that makes it 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, if applicable; the way 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 execution of the agreement; the period for acceptance of the offer, or the period within which the trader guarantees the price; the rate for distance communication, if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement is archived after it is concluded, and if so, how the consumer can access it; the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided under the agreement; any other languages, in addition to Dutch, in which the agreement can be concluded; the codes of conduct to which the trader is subject, and how the consumer can access these codes of conduct electronically; and the minimum duration of the distance contract in the case of a duration transaction.

 

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures in this regard. The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as check all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request, with reasons, or to attach special conditions to its execution. The trader will provide the consumer with the following information regarding the product or service, either in writing or in a way that allows the consumer to store it accessibly on a durable medium: the visiting address of the trader’s place of business where the consumer can address complaints; the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal; information about guarantees and existing after-sales service; the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or an indefinite duration. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.

 

Article 6 – Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason, within 14 days. This cooling-off period begins on the day after the consumer, or a representative previously appointed by the consumer and made known to the trader, receives the product. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader. If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must give this notice using the model form, or by another means of communication such as email. After notifying the trader of their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment. If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not notified the trader of their intention to exercise the right of withdrawal, or has not returned the product to the trader, the purchase is final.

For the delivery of services:

For the delivery of services, the consumer has the right to dissolve the agreement without giving any reason, within at least 14 days from the day the agreement was entered into. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or, at the latest, upon delivery.

 

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, at most the costs of return shipping will be borne by them. If the consumer has made a payment, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web store, or that conclusive proof of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting decrease in the product’s value. The consumer cannot be held liable for any decrease in the value of the product if the trader has not provided all legally required information about the right of withdrawal, which must be provided before the purchase agreement is concluded.

 

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: that have been produced by the trader according to the consumer’s specifications; that are clearly personal in nature; that cannot be returned due to their nature; that can spoil or deteriorate quickly; whose price is subject to fluctuations in the financial market over which the trader has no control; for loose newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygiene products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired; relating to bets and lotteries.

 

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates. Notwithstanding the previous paragraph, the trader may offer products or services with variable prices, if the prices of these products or services are subject to fluctuations in the financial market over which the trader has no control. This dependency on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this, and: they result from statutory regulations or provisions; or the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect. The prices stated 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 the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

 

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in existence on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use. A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovery of the defect. The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual use 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 and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly, or are treated contrary to the trader’s instructions and/or those stated on the packaging; the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

 

Article 11 – Delivery and execution

The trader will exercise the greatest possible care when receiving and executing orders for products, 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 about this in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after the dissolution. If delivery of an ordered product proves to be impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the trader. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

 

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation

The consumer may cancel an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed cancellation rules and a notice period of no more than one month. The consumer may cancel an agreement entered into for a fixed period, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month. The consumer can cancel the agreements referred to in the previous paragraphs: at any time, and is not restricted to cancellation at a specific time or during a specific period; at least in the same way as they were entered into; always with the same notice period that the trader has stipulated for itself.

Extension

An agreement entered into for a fixed period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period. Notwithstanding the previous paragraph, an agreement entered into for a fixed period, which extends to the regular delivery of daily papers, news publications, and weeklies and magazines, may be tacitly extended for a fixed period of no more than three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month. An agreement entered into for a fixed period, which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular delivery, but less than once a month, of daily papers, news publications, and weeklies and magazines. An agreement with a limited duration for the regular introductory delivery of daily papers, news publications, and weeklies and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, cancel the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise against cancellation before the end of the agreed period.

 

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement. The consumer has the duty to promptly report inaccuracies in provided or stated payment details to the trader. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure. Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within 2 months after the consumer has discovered the defects. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. For complaints, a consumer should first contact the trader. If the web shop is affiliated with WebwinkelKeur, and for complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution still cannot be reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding, and both the trader and the consumer agree to this binding ruling. Costs are involved in submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing. If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

Dutch law exclusively applies to agreements between the trader and the consumer to which these terms and conditions relate, even if the consumer resides abroad. The Vienna Sales Convention does not apply.

 

Article 16 – Additional or deviating provisions

Additional provisions, or provisions deviating from these terms and conditions, may not be to the detriment of the consumer and must be recorded in writing, or in such a way that the consumer can store them accessibly on a durable medium.