Terms Of Service
Definitions
nl: Alpha Commerce, established in Enschede under Chamber of Commerce no. 75855887.
Customer: the person with whom Thegifthouse.shop has entered into an agreement.
Parties: Thegifthouse.shop and customer together.
Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Thegifthouse.shop
Parties can only deviate from these conditions if they have expressly agreed in writing.
Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions from the customer or from third parties.
Prices
All prices that Thegifthouse.shop uses are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices on which Thegifthouse.shop charges for its products or services, on its website or which are otherwise made known, can change Thegifthouse.shop at any time.
Increases in the cost prices of products or parts thereof, which Thegifthouse.shop could not foresee at the time of making the offer or the conclusion of the agreement, may lead to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of not paying on time
If the customer does not pay within the agreed term, Thegifthouse.shop is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
When the customer is in default, he also owes extrajudicial collection costs and any compensation to Thegifthouse.shop.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Thegifthouse.shop may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Thegifthouse.shop on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Thegifthouse.shop, he is still obliged to pay the agreed price to Thegifthouse.shop.
Right to claim
As soon as the customer is in default, Thegifthouse.shop is entitled to invoke the right of complaint regarding the unpaid products delivered to the customer.
nl invokes the right to advertise by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Thegifthouse.shop, unless parties make other agreements about this.
The costs for returning or returning the products are for the account of the customer.
Right of withdrawal
A consumer can cancel an online purchase without giving any reason during a reflection period of 14 days, provided that:
the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that is custom-made or modified for the consumer
it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product is not a travel, transport ticket, catering order or form of leisure activity
the product is not a separate magazine or newspaper
it does not concern an (order for) emergency repair
the consumer has not waived his right of withdrawal
The reflection period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the last product or part of 1 order
once the consumer has received the first product with a subscription
as soon as the consumer has purchased a service for the first time
once the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his appeal to the right of withdrawal known via clientservice420@gmail.com, if desired using the withdrawal form that can be downloaded from the website of Thegifthouse.shop, Thegifthouse.shop.
The consumer is obliged to return the product to Thegifthouse.shop within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
The costs for returns are only for the account of Thegifthouse.shop if the entire order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement by law, Thegifthouse.shop will reimburse these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Thegifthouse.shop in time.
Suspension right
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this agreement.
Right of retention
nl can invoke his right of retention and in that case hold the customer's products until the customer has paid all outstanding invoices with regard to Thegifthouse.shop, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Thegifthouse.shop.
nl is never liable for any damage that the customer may suffer as a result of using his right of retention.
Netting
Unless the customer is a consumer, the customer waives his right to set off a debt to Thegifthouse.shop against a claim on Thegifthouse.shop.
Retention of title
nl remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Thegifthouse.shop under any agreement concluded with Thegifthouse.shop, including claims regarding failure to perform.
Until then, Thegifthouse.shop can invoke his retention of title and take things back.
Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Thegifthouse.shop invokes his retention of title, the agreement will be considered dissolved and Thegifthouse.shop has the right to claim damages, loss of profit and interest.
Delivery
Delivery takes place while supplies last.
Delivery takes place at Thegifthouse.shop, unless parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not or not paid on time, Thegifthouse.shop has the right to suspend its obligations until the agreed part has been paid.
In case of late payment, there is a credit default, as a result of which the customer cannot object late delivery to Thegifthouse.shop.
Delivery time
The delivery times specified by Thegifthouse.shop are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic confirmation) from Thegifthouse.shop.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Thegifthouse.shop cannot deliver within 14 days after being notified in writing or parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transportation costs
Transport costs are for the account of the customer, unless parties have agreed otherwise.
Packaging and shipping
If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note made by the forwarder or delivery person, failing which Thegifthouse.shop cannot be held liable for possible damage.
If the customer takes care of the transport of a product himself, he must report any visible damage to products or packaging to T prior to transport.
Thegifthouse.shop, failing which Thegifthouse.shop cannot be held liable for any damage.
Custody
If the customer orders ordered products only later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.
Guarantee
The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the case of normal wear and damage caused by accidents, changes to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, passes to the customer at the moment when they are legally and / or actually delivered, at least in the control of the customer or from a third party who receives the product for the benefit of the customer.
Exchange
Exchange is only possible if the following conditions are met:
exchanges take place within 14 days of purchase upon presentation of the original invoice
the product is returned in the original packaging or with the original (price) tags still attached
the product has not yet been used
Discounted items, non-durable items such as foodstuffs, tailor-made items or items specially adapted for the customer cannot be exchanged.
Indemnity
The customer indemnifies Thegifthouse.shop against all claims from third parties related to the products and / or services supplied by Thegifthouse.shop.
Complaints
The customer must examine a product or service provided by Thegifthouse.shop as soon as possible for any shortcomings.
If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Thegifthouse.shop as soon as possible, but in any case within 1 month after the shortcomings were discovered.
Consumers must inform Thegifthouse.shop within 2 months after discovering the shortcomings.
The customer gives as detailed a description of the shortcoming as possible, so that Thegifthouse.shop is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint concerns ongoing work, this can in any case not lead to Thegifthouse.shop being held to perform other work than agreed.
Notice of default
The customer must notify notice of default in writing to Thegifthouse.shop.
It is the responsibility of the customer that a notice of default actually reaches Thegifthouse.shop (on time).
Joint and several liability of the customer
If Thegifthouse.shop enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Thegifthouse.shop under that agreement.
Liability Thegifthouse.shop
nl is only liable for any damage that the customer suffers if and insofar as this damage is caused by intent or deliberate recklessness.
If Thegifthouse.shop is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
nl is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
If Thegifthouse.shop is liable, this liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by the insurance company of the damage amount, the liability is limited to the (part of the) invoice amount. to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) termination of the agreement and / or suspension of any obligation.
Expiry period
Any right of the customer to compensation from Thegifthouse.shop expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right to dissolution
The customer has the right to dissolve the agreement when Thegifthouse.shop culpably fails to fulfill its obligations, unless this shortcoming, due to its special nature or minor significance, does not justify termination.
If the fulfillment of the obligations by Thegifthouse.shop is not permanently or temporarily impossible, dissolution can only take place after Thegifthouse.shop is in default.
nl has the right to terminate the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if Thegifthouse.shop has taken note of circumstances that give him good reason to fear that the customer will fulfill his obligations. will not be able to perform properly.
Force of the majority
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Thegifthouse.shop in the fulfillment of any obligation to the customer cannot be attributed to Thegifthouse.shop in any of the will of Thegifthouse.shop independent situation. , as a result of which the fulfillment of his obligations towards the customer is wholly or partly prevented or through which the fulfillment of his obligations cannot reasonably be expected from Thegifthouse.shop.
The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); breaches and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation arises that Thegifthouse.shop cannot fulfill 1 or more obligations to the customer, then those obligations will be suspended until Thegifthouse.shop can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
nl no (damage) compensation is due in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement for the execution thereof, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.
Change of general terms and conditions
nl is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Thegifthouse.shop will discuss major substantive changes with the customer as much as possible in advance.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.
Transfer of rights
The customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Thegifthouse.shop.
This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is void or voidable is replaced by a provision that is closest to what Thegifthouse.shop had in mind when drawing up the conditions on that point.
Applicable law and competent court
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Thegifthouse.shop is located / practices / offices has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.
Drawn up on December 10, 2019.