These conditions apply to all orders at Svettiga.com

Article 1 – Definitions

In these conditions the following definitions apply:

Entrepreneur: the natural or legal person who offers products and/or services to other parties;
Other party: consumer (s) as well as legal person(s) who enters into a distance contract with the entrepreneur;.
Consumer: the natural person who is not acting in the exercise of a profession or business
Distance contract: any contract between the trader and the other party that is concluded as part of a system organised by the trader for distance selling or the provision of a service without the simultaneous physical presence of the trader and the other party, whereby, up to and including the moment at which the contract is concluded, exclusive use is made of one or more techniques/means of distance communication
Technique for remote communication: means that can be used for concluding an agreement, without the other party and the entrepreneur being together in the same room at the same time
Grace period: The period within which the consumer can make use of his right of withdrawal. This cooling off period does not apply to legal persons who are the other party to the entrepreneur.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Day: calendar day (whereby the day on which the action/event takes place is not included in the calculation of the period)
Duration transaction: a remote agreement relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
Durable data carrier: every means that enables the other party or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
Article 2 – Identity of the entrepreneur

Svettiga.com
Postal address: Heesterkanterstrasse 8, 49824 Laar, Germany (NO VISIT ADDRESS)

kontakt@svettiga.com

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Article 3 – Applicability

 

These general terms and conditions apply to all offers and all distance contracts concluded between the entrepreneur and the other party.

The entrepreneur does not accept general terms and conditions from the other party, unless explicitly agreed otherwise in writing.

Before the agreement is concluded, the text of these general terms and conditions will be made available to the other party. By clicking on the box ‘I agree to the general terms and conditions’ prior to the conclusion of the remote agreement, the other party confirms that it agrees to the general terms and conditions and accepts the applicability of these general terms and conditions to the agreement to be concluded. If the agreement is not concluded at a distance, the general terms and conditions shall be made available and/or handed over prior to the conclusion of the agreement.

If it is not reasonably possible to make the general terms and conditions available prior to concluding the agreement, it will be stated, prior to concluding the agreement, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the request of the other party.

If the agreement is concluded electronically, then, contrary to the previous paragraph, and before the agreement at a distance is concluded, the text of these general terms and conditions will be made available to the other party electronically, in such a way that it can be easily saved by the other party on a durable data carrier and will be accessible to the other party for subsequent notification. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the other party at its request, either electronically or in some other way.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the third, fourth and fifth paragraphs shall apply accordingly and the other party may always invoke the applicable provision that is most favourable to it in the event of conflicting general terms and conditions.

Deviation from these general terms and conditions is only possible if parties have explicitly agreed this with each other in writing.

Article 4 – The offer

 

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the other party to assess the offer properly. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer must contain such information that it is clear to the other party what rights and obligations are attached to accepting the offer.

 

Article 4a: For consumers only: additional conditions relating to the offer.

 

 Every offer must contain 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 inclusive of taxes and, where appropriate, any additional freight, delivery or postal charges and any other costs or if these costs cannot reasonably be calculated in advance, the fact that such additional charges may be payable
  • the applicability or otherwise of the right of withdrawal;
  • the possible costs of delivery;
  • the way in which the agreement will be brought about and which actions are necessary for that;
  • the method of payment, delivery or implementation of the agreement;
  • the period for accepting the offer, or the period for adhering to the price;
  • the size of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic tariff;
  • whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the other party;
  • the way in which the consumer can become aware of actions which he did not want to take before the conclusion of the agreement, and the way in which he can rectify these actions before the agreement is concluded;
  • a reminder of the existence of the legal guarantee of conformity for the goods;
  • any other languages besides Dutch in which the contract may be concluded;
  • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of a contract that involves the continuous or periodic supply of products or services.

Article 5 – The agreement

  • The agreement is concluded, subject to that which is stipulated in paragraph 4 and, in the case of consumer transactions, also in article 4a, at the moment at which the other party accepts the offer and fulfils the conditions stipulated.
  • If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the other party may dissolve the agreement.
  • If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
  • The entrepreneur can – within legal frameworks – inform himself whether the other party can meet his payment obligations, as well as all those 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 reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
  • A contracting party who enters into multiple agreements with the entrepreneur can never conclude that a long-term agreement will be formed. Each agreement is entered into separately and ends after fulfilment by both parties or termination. The other party cannot derive any rights from entering into several separate agreements.

Article 5a – Exclusively for consumers: additional conditions relating to the agreement

 

  • The entrepreneur will, together with the product or service, 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:
  • The visiting address of the Entrepreneur’s business establishment where the Consumer may lodge complaints;
  • the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information on existing after-sales services and guarantees;
  • the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
  • the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
  • If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Consumers only: Right of withdrawal on delivery of products

  • When purchasing products at a distance, the consumer has the possibility of dissolving the contract, without giving reasons, during fourteen days. This period starts the day after receipt of the product by or on behalf of the consumer, or after receipt of the last product if the agreement concerns an order with multiple products that are delivered separately. Note: From Svettiga.com we go further than these 14 days, we give no less than 60 days the opportunity to return the products.
  • During this period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • The consumer can make his decision to use the right of withdrawal known to the entrepreneur by
    Using the model form for withdrawal as included in Annex 1, part B of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights;
  • make any other unequivocal statement in which the consumer declares that he wishes to withdraw from the contract;

Article 7 – Exclusively for consumers: Costs in the event of withdrawal

  • If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the return or withdrawal. Unless the entrepreneur has offered to collect the products himself, the entrepreneur may wait with the refund until he has received all goods back, or until the consumer has demonstrated that he has returned the goods, whichever comes first. The consumer shall return the goods without undue delay and no later than within 14 days of the day on which he communicated his decision to withdraw from the contract.
  • The consumer shall be liable for any diminished value of the products resulting from the handling of the products beyond what was necessary to establish the nature, characteristics and functioning of the products.

Article 8 – Exclusively for consumers: The price

  • During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  • The prices mentioned in the offer of products or services include VAT.

Article 8a – Exclusively for legal entities/companies: The price

  • During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  • The prices mentioned in the offer of products or services are exclusive of VAT.

Article 9 – Compliance and Warranty

  • The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded.
  • However, the entrepreneur is not responsible for defects and consequential damage that have occurred after the delivery of the products as a result of inexpert use or lack of care, or that are the result of changes or repairs that the other party or third parties have made to the delivered products.
  • We expressly refer to the use of agents for cleaning and treating footwear: always test the colour fastness. Use can cause discolouration. In addition, a colour on a screen is different from reality and the current material, colour, use influence the final result.

Article 9a – Exclusively for consumers: Conformity and Guarantee

  • A by the entrepreneur, manufacturer or importer as a warranty offered arrangement does not affect the rights and claims that consumers in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur can assert against the entrepreneur based on the law and / or the distance contract.

Article 10 – Delivery, implementation, dissolution and force majeure

  • The entrepreneur will take the greatest possible care when receiving and implementing orders of products.
  • The place of delivery is the address that the other party has made known to the entrepreneur.
  • With due observance of what is stated in article 4 and for consumers also in article 4a of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless a longer delivery period has been agreed.
  • If the delivery period is exceeded, the other party must declare the entrepreneur in default in writing, whereby a reasonable period for compliance is still offered.
  • A reasonable period of time is understood to mean the original probable delivery time with a maximum of one month. If the entrepreneur fails to deliver the purchased product/ordered service within this further period, the other party has the right to terminate the agreement without judicial intervention.
  • Any failure on the part of the entrepreneur to fulfil his obligations gives the other party the right to terminate the agreement wholly or partially, unless the failure – given its special nature or minor importance – does not justify this termination with its consequences. Insofar as fulfilment is not permanently or temporarily impossible, the authority to dissolve only arises when the defaulting party is in default.
    In the event of dissolution in accordance with section 5 of this article, the entrepreneur shall repay the amount paid by the other party as soon as possible, but at the latest within 30 days after dissolution.
  • Force majeure is defined as any shortcoming that cannot be attributed to the entrepreneur. Attribution does not take place if the shortcoming is not due to his fault, nor by law, legal act or generally accepted practice. The other party shall be informed as soon as possible in writing by the entrepreneur of the force majeure, unless the address of the other party is not known to the entrepreneur, nor could it reasonably be known.
  • If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be notified in a clear and comprehensible manner, at the latest upon delivery. The cost of any return shipment shall be borne by the entrepreneur.
  • The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the other party or a representative previously designated in writing and made known to the entrepreneur, unless otherwise expressly agreed.

Article 11 – Payment

  • If an invoice is sent, a payment term of no more than fourteen days after receipt of the invoice by the other party shall apply, unless another payment term is agreed. The other party shall be automatically in default if it has not paid the amount owed after expiry of this payment term.
  • If the other party is in default, the entrepreneur shall send a payment reminder, in which he draws the attention of the other party to his default and in which he still offers the opportunity to pay the amount due within a period of fourteen days after receipt of this payment reminder.
  • If the other party still fails to meet its payment obligations, the entrepreneur is entitled to collect the amount due without further notice.
  • When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
  • The Other Party has the duty to report any inaccuracies in payment data provided or stated immediately to the Entrepreneur.
  • In case of non-payment by the other party, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the other party in advance.

Article 12 – Retention of title and right of retention

  • The entrepreneur can reserve ownership of all products he delivers. The other party only becomes the owner of the purchased item when it has paid the purchase price and any additional amounts owed to the entrepreneur in full.
  • The entrepreneur can exercise the right of retention if the other party fails to meet a due and payable obligation, unless the failure does not justify this retention.

Article 13 – Statutory interest and extrajudicial costs

  • In the event of late payment of an amount due, the entrepreneur has the authority to charge legal interest, calculated from the day the default commences pursuant to article 11 of these terms and conditions until the day of payment. In the case of consumer transactions, the lower statutory interest rate applies and in the case of commercial transactions the higher statutory interest rate applies.
  • The extrajudicial costs reasonably incurred by the entrepreneur with a minimum of € 40.00 shall be borne by the other party.

Article 14 – Complaints procedure

  • The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the other party has found the defects.
  • Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the other party can expect a more detailed answer.
  • If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  • In case of complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/leden/. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by
  • Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding verdict. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit 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 discretion, either replace or repair the delivered products free of charge. 

Article 15 – Confidentiality

The Contracting Party declares that it will keep confidential all confidential information of the Company or of companies affiliated with the Company, including business, financial or technical data, which it has acquired as a result of the Contract, and that it will not use the name of the Company or companies affiliated with the Company in any way for advertising purposes in the broadest sense of the word without the Company’s explicit written consent. All this on pain of an immediately payable penalty, which is not subject to judicial moderation, of €1,000.00 for each violation and for every day that this violation continues.

 

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier

 

Article 17 – Applicable law and competent court

Dutch law applies to all offers, agreements or resulting agreements with the entrepreneur.
The District Court of Amsterdam has exclusive jurisdiction over any disputes that may arise between the Company and the other party. Disputes in this context include those that are only perceived or considered to be a dispute by one of the parties.
If any provision of these general terms and conditions is invalid or is nullified, the other provisions will remain in force and the parties will consult in order to agree on a new provision (or provisions) to replace the invalid or nullified provision(s), taking into account, as far as possible, the objective and purport of the invalid or nullified provision(s).