Terms and conditions

GENERAL TERMS AND CONDITIONS POLICY 

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 the event of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and performance

Article 12 – Duration transactions: duration, termination and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms, the following shall mean:

  1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
  2. 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;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or take delivery of which is spread over time;
  5. Durable medium: any medium by which the consumer or trader can store information addressed to them in a way that enables future access and reproduction of the stored information in an unaltered form.
  6. Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;
  7. Model withdrawal form: the model withdrawal form made available by the trader, which the consumer can fill in when they wish to exercise their right of withdrawal.
  8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract concluded within the framework of a distance selling system organized by the trader for products and/or services, where, up to and including the conclusion of the contract, exclusively one or more distance communication techniques are used;
  10. Distance communication technique: a means that can be used to conclude a contract without the consumer and trader meeting simultaneously in the same place.
  11. General Terms and Conditions: the trader's General Terms and Conditions.

Article 2 – Identity of the trader

Spellmakers BV 

BE 0778762322

Emiel Van Swedenlaan 97, 9050 Gentbrugge (Belgium) 

spellmakers.shop@gmail.com

Account number: BE25 9501 7586 6082

0470 07 16 04 (Wannes Vandenbussche) 

Article 3 – Applicability

  1. These General Terms and Conditions apply to any offer made by the trader and to any distance contract concluded and any orders placed between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the General Terms and Conditions are available for inspection at the trader's premises and shall be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the General Terms and Conditions can be accessed by electronic means and that they will be sent to the consumer free of charge by electronic means or by other means upon request.
  4. In the event that specific product or service terms and conditions also apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting General Terms and Conditions, the consumer may always rely on the applicable provision that is most favourable to them.
  5. If one or more provisions in these General Terms and Conditions are wholly or partially void or are annulled at any time, the agreement and these terms and conditions shall remain in force in all other respects and the provision in question shall be replaced as soon as possible by agreement between the parties with a provision that approximates the original purpose as closely as possible.
  6. Situations not covered by these General Terms and Conditions shall be assessed 'in the spirit' of these General Terms and Conditions.
  7. Any ambiguities regarding 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 shall be expressly stated in the offer.
  2. The offer is non-binding. The trader 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 trader uses images, they shall be a faithful representation of the products and/or services offered. Obvious misunderstandings or obvious errors in the offer do not bind the trader.
  4. All images, specifications and data in the offer are indicative and may not give rise to a claim for damages or rescission of the contract.
  5. Images of products are a faithful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
  6. Every offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes in particular:

o the price including taxes;

o any shipping costs;

o the manner in which the contract will be concluded and what actions are required for this;

o whether the right of withdrawal applies;

o the method of payment, delivery and performance of the contract;

o the period for acceptance of the offer, or the period within which the trader guarantees the price;

o the rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the communication medium used;

o whether the contract is archived after conclusion, and if so, how it can be accessed by the consumer;

o the manner in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them in the context of the contract;

o any other languages in which, in addition to Dutch, the contract may be concluded;

o the codes of conduct to which the trader has submitted and the manner in which the consumer can access these codes of conduct by electronic means; and

o the minimum duration of the distance contract in the event of a duration transaction.

Article 5 – The agreement

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and compliance with the conditions attached thereto.
  2. If the consumer has accepted the offer by electronic means, the trader shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the contract.
  3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures to that effect.
  4. The trader may – within the limits of the law – ascertain whether the consumer is able to fulfil his payment obligations, as well as all the facts and circumstances relevant for the responsible entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the performance.
  5. The trader shall accompany the product or service provided to the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
  6. the address of the trader's premises where the consumer can lodge complaints;
  7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement as to the exclusion of the right of withdrawal;
  8. information about guarantees and existing after-sales service;
  9. the information included in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer before the performance of the agreement;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.
  11. In the event of a continuous transaction, the provision in the previous paragraph shall only apply to the first delivery.
  12. Every agreement is entered into subject to the suspensive condition that the relevant products are sufficiently available.

Article 6 – Right of Withdrawal

For the delivery of products:

  1. When purchasing products, the consumer has the option to rescind the agreement without stating reasons within 14 days. This cooling-off period begins on the day after the consumer receives the product or a representative designated by the consumer in advance and known to the trader.
  2. During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader within 14 days after receiving the product. The consumer must notify the trader using the model form. After the consumer has notified the trader of his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items have been returned in a timely manner, for example by means of proof of dispatch.
  4. If the customer has not notified the trader of his intention to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the trader, the purchase is final.

For the provision of services:

  1. When services are provided, the consumer has the option to rescind the agreement without stating reasons for at least 14 days, starting on the day the agreement is entered into.
  2. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon delivery.

Article 7 – Costs in the Event of Withdrawal

  1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of return.
  2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

  1. 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, at least before the agreement is concluded.
  2. The right of withdrawal may only be excluded for products:
  3. that have been created by the trader according to the consumer's specifications;
  4. that are clearly personal in nature;
  5. that cannot be returned due to their nature;
  6. that can spoil or deteriorate quickly;
  7. whose price is subject to fluctuations in the financial market over which the trader has no influence;
  8. for loose newspapers and magazines;
  9. for audio and video recordings and computer software whose seal has been broken by the consumer.
  10. for hygiene products whose seal has been broken by the consumer.
  11. The right of withdrawal may only be excluded for services:
  12. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
  13. for which performance has begun with the express consent of the consumer before the cooling-off period has expired;
  14. relating to betting and lotteries.

Article 9 – The Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
  3. Price increases within 3 months after the agreement is concluded are only permitted if they result from statutory provisions or regulations.
  4. Price increases from 3 months after the agreement is concluded are only permitted if the trader has agreed to this and:
  5. they result from statutory provisions or regulations; or
  6. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services are inclusive of VAT.
  8. 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 Guarantee

  1. 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 force on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and remedies that the consumer may exercise against the trader under the agreement.
  3. Any defects or incorrectly delivered products must be reported in writing to the trader within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
  4. The trader's guarantee period corresponds to the manufacturer's guarantee period. However, the trader shall never be responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:

o The consumer has repaired and/or modified the delivered products himself and/or had them repaired and/or modified by third parties;

o The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the trader's instructions and/or the instructions on the packaging;

o The defect is wholly or partially 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 Performance

  1. The trader shall exercise the utmost care when receiving and performing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Taking into account what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed, but no later than 30 days, 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 shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement without incurring any costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer may not derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
  5. In the event of rescission in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after rescission.
  6. If delivery of an ordered product proves impossible, the trader shall make reasonable efforts to make a replacement item available. No later than delivery, it shall be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.
  7. The risk of damage and/or loss of products rests with the trader until delivery to the consumer or a representative previously designated and known to the trader, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may:

o terminate at any time and not be limited to termination at a specific time or within a specific period;

o at least terminate in the same manner as they were entered into;

o always terminate with the same notice period as the trader has agreed for themselves.

Extension

  1. An agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
  4. An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the expiry of the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may at any time after one year terminate the agreement with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

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

Article 14 – Complaints procedure

  1. The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the trader in full and clearly within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered within a period of 14 days 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.
  4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of complaints, a consumer should first contact the trader. For complaints that cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the trader and consumer agree to this binding ruling. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.
  7. If a complaint is found to be justified by the trader, the trader shall, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. For agreements between the trader and the consumer to which these general terms and conditions apply, Dutch law exclusively applies. Even if the consumer is resident abroad.
  2. The Rome I Regulation does not apply.

Article 16 – Additional or deviating provisions

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

If you have any questions, comments, or concerns, you can always contact us: 

Spellmakers BV