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TERMS AND CONDITIONS REPRÉSENTABLE - WEBSHOP
Article 1. Areas of application
In these terms and conditions Représentable means:
Sole trader Représentable; established at the address Rozengracht 162-E, 1016 NK Amsterdam, The Netherlands; registered in the Trade Register with Chamber of Commerce number 74207148; VAT number NL 002077962 B15.
These general terms and conditions apply to every distance contract that has been concluded – via, for example, an order placed by the customer (hereinafter: “buyer”) placed at Représentable via www.representable.nl - and delivery between Représentable and the buyer, in the capacity of a natural person, acting or not acting in the exercise of a profession of business.
A reference by the buyer to his own general purchasing conditions and the applicability thereof, is expressly rejected by Représentable.
By placing an order, the buyer accepts to be bound by these general terms and conditions and the buyer declares that these terms and conditions were available to him in such a way that he has been able to save them and make them accessible for later access. He also declares that he has read and understands the terms and conditions.
The terms and conditions can be sent on request and can also be consulted at any time on the above-mentioned website.
Article 2. Realization agreement
The agreement is concluded at the time of receipt by Représentable of the acceptance of the offer by the buyer, by placing an order with Représentable.
Représentable reserves the right to not accept orders (in part) without stating reasons.
The buyer guarantees that the provided data (name and address) in the context of the agreement are correct, complete and up to date. The buyer is obliged to immediately report any inaccuracies in payment data provided or stated to Représentable
Article 3. Prices and payments
The prices stated in the range of products are (unless stated otherwise) inclusive of any VAT and in Euro and are subject to printing and typing errors. The prices are exclusive of shipping costs, which are made known separately.
The prices of the ordered product(s) will not be increased by Représentable after the conclusion of the agreement, unless legal measures make this necessary or if the manufacturer/supplier introduces interim price increases. In that case, the buyer is entitled to dissolve the agreement by means of a written statement to Représentable.
For the payment, use can be made of the payment options specified on the website and under associated conditions.
Article 4. Images and specifications
All images of products as well as associated specifications, sizes and data as shown on the Représentable website are only approximately. The product ultimately delivered to the buyer may differ in colour, size and the like from these images or specifications to a certain extent. This does not mean that the product does not comply with the agreement.
Article 5. Delivery
Représentable will take the greatest possible care when receiving and when executing orders. The delivery times stated on the website serve as an indication. The buyer cannot derive any rights from these indications, and these are not fatal.
The place of the delivery is the address that the buyer has made known to Représentable.
Représentable is entitled to deliver in parts (partial deliveries).
Représentable will execute accepted orders with appropriate speed after concluding the agreement, but no later than the on the webshop indicated delivery time. If the delivery time is delayed, the buyer will be notified as soon as possible after Représentable has taken note of it. Représentable is then in default if it has been given notice of default by the buyer through a reminder whereby Représentable is still granted a reasonable period of time to deliver, and if compliance is not forthcoming. In that case, the buyer has the right to dissolve the agreement (in part) free of charge. A different delivery period or an alternative product can also be agreed.
If an order cannot be executed, or only partially, the buyer will be notified as soon as possible after Représentable has been notified of this. In that case, the buyer has the right to dissolve the agreement (in part) free of charge.
In case of dissolution in accordance with his article, Représentable will immediately refund the amounts that the buyer may have paid to Représentable. The buyer is not entitled to compensation.
The risk of damage or loss of the products lies with Représentable until the moment of delivery to the buyer, unless explicitly agreed otherwise. The burden of proof that a product is damaged on delivery or is missing, lies with the buyer.
Article 6. Reflection period, right of withdrawal
The buyer has 14 days after the product has been received by him or a third party designated by him (not the courier) to terminate the agreement without giving any reason. This period starts on the day after the product(s), or in the case of a partial delivery, after all products / parts of the order have been received by the buyer.
In order to exercise the right of withdrawal, the buyer must inform Représentable of his decision through an unambiguous statement (for example in writing by post or by e-mail). The buyer must then return the products as quickly as possible – but no later than 14 days after this statement has been issued – in the manner indicated by Représentable.
Return of the products must be done by mail in the original packaging (including accessories and accompanying documentation), with the original or similar protection material and in the condition in which the buyer received it, which means undamaged. Direct costs of returning the products are for the account of the buyer.
The buyer will handle the products and the packaging with care during the cooling-off period. He will only unpack or use the products to the extent necessary to assess whether he wishes to keep the product. Buyer is only liable for the depreciation of the product(s) that is the result of the use thereof that goes beyond what is necessary to determine the nature, characteristics and operation of the product(s).
After a successful cancellation, Représentable will repay the amounts paid by the buyer (including the first delivery costs) within 14 days of the date of receipt of the statement referred to in this article. Représentable may delay the reimbursement until it has received all products.
If the buyer has opted for a more expensive method of first delivery than the cheapest standard delivery, Représentable does not have to pay back the additional costs for the more expensive method.
The right of withdrawal does not apply to agreements that concern: delivery of products manufactured according to individually selected specifications of the buyer, or which are clearly intended or made for a specific person (‘customized products’).
Article 7. Retention of title
If applicable, Représentable reserves the ownership of all products delivered by Représentable until the moment of full payment of the price of all products delivered or to be delivered by Représentable to the buyer (including any interest or costs due), under the relevant agreement or earlier or later similar agreements.
Article 8. Warranty and conformity
Représentable guarantees that the products it delivers meet the legal requirements of usability, reliability and lifespan as they are reasonably intended by the parties to the agreement.
As far as possible, the buyer is obliged to immediately have the delivered product(s) checked (or have it checked) upon receipt. If it appears that the delivered product is incorrect, inadequate or in complete, then the buyer (before proceeding to return) must report these defects to Représentable as soon as possible after discovery. Any return of the product(s) must be made by mail in the original packaging (including accessories and accompanying documentation), in the condition in which the buyer received it, and in the manner indicated by Représentable.
If it appears that the delivered product(s) do not comply with the agreement, Représentable will replace or repair the delivered product(s) free of charge or make a written arrangement with the buyer about compensation. The buyer cannot invoke the guarantee referred to in this article if the delivered products(s) have been exposed to abnormal circumstances, if the buyer has not ensured it as a careful debtor or if these products violate the instructions from Représentable and/or the user manual have been treated or if the buyer has repaired and/or modified the delivered product(s) himself or had them repaired and/or modified by third parties.
Article 9. Liability
Any liability of Représentable for damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit, all this except for intent or deliberate recklessness on the part of Représentable.
Représentable is not liable for errors and/or negligence on the part of its suppliers or auxiliaries.
If, for any reason whatsoever, the buyer cannot or has not been able to receive the delivery of the product(s) because article 2. has not been complied with, Représentable is not liable for the resulting damage and is not obliged to deliver a replacement product.
The liability of Représentable and therefore the amount of the compensation is always limited to at most the invoice amount of the products in question, or (at the option of Représentable) to the maximum in the relevant case by the liability insurance of Représentable paid to her amount.
The provisions of this article are without prejudice to the legal liability of Représentable pursuant to mandatory provisions
Article 10. Complaints procedure
Complaints about the implementation of the agreement must be reported by e-mail (info@representable.nl) promptly, fully and clearly described after the buyer has dicovered the defects.
Complaints submitted to Représentable will be answered within a period of 10 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Représentable will reply within this period with a message of receipt and an indication when the buyer can expect a more detailed answer.
Article 11. Other provisions
If a provision of these terms of conditions is declared void or non-binding, the other provisions will remain in force and an alternative provision will be agreed in mutual consultation that corresponds as much as possible to the old provision.
The Vienna Sales Convention is not applied.
All agreements between Représentable and the buyer to which these conditions apply are exclusively governed by Dutch law, with the exception of the provisions of private international law regarding the applicable law.
Amsterdam, 2023