Last update: 01-07-2024

Table of Contents

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 - Compliance and warranty

Article 11 - Delivery and execution

Article 12 - Payment

Article 13 - Complaint Procedure

Article 14 - Disputes

Article 15 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. 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;
5. Durable medium: any means that enables the consumer, company or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer or company to waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers / businesses;
8. Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for 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;
9. Technique for distance communication: means that can be used to conclude an agreement, without the consumer / company and the entrepreneur having come together simultaneously in the same room.
10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
11. Business: a legal entity, natural person acting in a profession or business, or other entity that enters into a distance contract, excluding consumers.
12. Buyer: A natural person, legal person, or other entity that acquires or intends to acquire a product or service, whether acting as a consumer or a business, and that is involved in a transaction with the seller.

Article 2 - Identity of the entrepreneur

• Groenensteyn
• Herengracht 420, 1017BZ, Amsterdam, Nederland
  
• E-mail address: info@groenensteyn.com
• Phone number: +31 20 261 2375
• Chamber of Commerce number: 89726634
  
  

Article 3 - Applicability.

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between the entrepreneur and the buyer.
2. Before the distance contract is concluded, the text of these general conditions will be made available to the Buyer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge as soon as possible at the purchaser's request.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the buyer electronically in such a way that it can be stored by the buyer in a simple manner on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the purchaser's request.
4. In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the buyer may always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms and conditions should be judged "in the spirit" of these general terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these terms and conditions.
   
   

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust 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 a proper assessment of the offer by the buyer. If the trader uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. 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 buyer what are the rights and obligations, which are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• the cost of shipping, if any;
• The manner in which the agreement will be established and what actions are required for that purpose;
• Whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of 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 contract will be archived after its formation, and if so in which it can be accessed by the buyer;
• the manner in which the buyer, prior to the conclusion of the agreement, can check and, if desired, rectify the data provided by him under the agreement;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the trader has submitted and the manner in which the purchaser can consult these codes of conduct electronically; and
• The minimum duration of the distance contract in the case of a duration transaction.
  
  

Article 5 - The Agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the buyer of the offer and the fulfillment of the conditions set forth therein.
2. If the Buyer has accepted the offer electronically, the Entrepreneur shall confirm receipt of acceptance of the offer electronically without delay. As long as this acceptance has not been confirmed by the entrepreneur, the buyer may dissolve the agreement.
3. If the agreement is established electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment.
4. The entrepreneur can - within legal frameworks - inform himself whether the buyer 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur shall include with the product or service to the buyer the following information, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable data carrier:

• the conditions under which and the manner in which the purchaser may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
• the information on warranties and existing after-purchase service;
• the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the buyer with this data before the execution of the agreement;
• Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.
  
  

Article 6 - Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. The right of withdrawal does not apply to companies.
2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product. The consumer must make this known in writing, which is possible via customer service, the e-mail: info@groenensteyn.com or via WhatsApp. After the consumer has expressed his desire to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer should forward the Track & Trace code to the entrepreneur to prove that the delivered items were returned in a timely manner.
4. If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
   
   

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided. Repayment will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
3. If the product is damaged due to careless handling by the buyer himself, the buyer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this must be done before the conclusion of the purchase agreement.
   
   

Article 8 - Exclusion of the right of withdrawal.

1. The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been made by the entrepreneur in accordance with the consumer's specifications;
• that are clearly personal in nature, this includes custom or custome-made;
• which by their nature cannot be returned;
• that can spoil or age quickly;
• the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• purchased by a business. Companies are expected to be professional and well-informed when entering into business agreements;
  
  

Article 9 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

• they are the result of statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
• The prices mentioned 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 case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
  
  

Article 10 - Conformity and warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the buyer may assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after delivery. Return of the products must be in the original packaging and in new condition, all in consultation with the entrepreneur.
4. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the buyer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• the delivered products are exposed to abnormal conditions such as water / rain or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
• the defectiveness is wholly or partly the result of regulations which the government has imposed or will impose on the nature or quality of the materials used.
  
  

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the buyer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the buyer has agreed to a longer delivery period, such as customization. If delivery is delayed, or if an order cannot or can only be partially carried out, the buyer will be informed about this at the latest 30 days after the order was placed. In that case, the buyer has the right to dissolve the agreement without cost. The buyer is not entitled to any compensation.
4. All delivery terms are indicative. The buyer cannot derive any rights from any deadlines mentioned. Exceeding a deadline does not entitle the buyer to compensation.
5. In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the buyer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
   
   

Article 12 - Payment

1. Unless otherwise agreed, the amounts owed by the buyer must be paid within 7 working days after the start of the reflection period referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the buyer has received the confirmation of the agreement.
2. The buyer has the duty to report inaccuracies in payment information provided or mentioned to the entrepreneur without delay.
3. In case of non-payment by the Buyer, the Company has the right, subject to legal restrictions, to charge reasonable costs made known to the Buyer in advance.

Article 13 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months fully and clearly described, after the buyer has found 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the buyer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
5. For complaints, a buyer should first turn to the entrepreneur. If no solution can be found, the buyer has the possibility to register 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 its discretion, either replace or repair the delivered products free of charge.

Article 14 - Disputes.

1. Contracts between the Company and the Buyer to which these General Terms and Conditions relate are exclusively governed by Dutch law. Even if the Buyer is resident abroad.
2. The Vienna Sales Convention does not apply.

Article 15 - Additional or different provisions

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