Terms & conditions
Article 1 – Identity
These are the general conditions of 16.08
Name entrepreneur: Jelle Huitema
Registered at Koepoortsweg 51, 1624 AB, Hoorn, The Netherlands1
Access: Monday to Friday from 9:00 am to 5:00 pm
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 70110948
VAT number: NL 858146356 B01
1. Orders returned to this address will NOT be processed.
Article 2 – Definitions
In these general terms and conditions, the following definitions apply:
- Additional agreement: an agreement whereby a consumer acquires products in connection with a distance contract and these products are delivered by 1608 or by a third party on the basis of an agreement between that third party and 1608;
- Cooling-off period: the period within which a consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Durable data carrier: any device – including e-mail – that enables a consumer or 16.08 to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to withdraw from the distance contract within the cooling-off period;
- Distance contract: an agreement concluded between 1608 and a consumer in the context of an organized system for distance selling of products, whereby up to and including the conclusion of the agreement exclusively or partially is made use of one or more techniques. for remote communication;
- Revocation Form: the withdrawal form included in Appendix I of these terms and conditions;
- Technique for distance communication: means that can be used to conclude an agreement, without a consumer and 16.08 having to be in the same room at the same time.
Article 3 – Applicability
- These general terms and conditions apply to every offer of 16.08 and to any agreement entered from a distance between 16.08 and a consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, 16.08 will, before the distance contract is concluded, indicate how the general terms and conditions can be observed electronically and that they are sent free of charge at the request of the consumer by electronic means or otherwise.
Article 4 – The Offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- Apparent mistakes or manifest errors in the supply of products do not bind 16.08.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The Contract
- The agreement is concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, 16.08 will immediately confirm the receipt of the acceptance of the offer electronically.
- 16.08 will provide the consumer with the following information at the latest at the delivery of the product:
- the visiting address of the 16.08 office where the consumer can, for example, file complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, insofar as applicable the costs of delivery and the method of payment, delivery or execution of the distance contract;
- if the consumer has a right of withdrawal, the withdrawal form.
Article 6 – Right of Withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reason. 16.08 may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state his reason (s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. 16.08 may, provided it has informed the consumer in a clear manner prior to the ordering process, refuse an order for several products with different delivery times; or
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by means of the withdrawal form or otherwise unambiguously to 16.08.
- As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (a representative of) 16.08. This does not apply if 16.08 has offered to pick up the product themselves. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the instructions issued by 16.08.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product.
- Further information about the return of a product is stated on the website.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of 1608 on revocation
- If 16.08 makes the notification of withdrawal by the consumer possible electronically, he will immediately send an acknowledgment of receipt after receipt of said notification.
- 16.08 will reimburse all payments from the consumer, including any delivery costs charged by 16.08 for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless 16.08 offers to collect the product thimself, he may wait to pay back the consumer until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- 16.08 uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, 16.08 does not have to reimburse the additional costs for the more expensive method.
Article 10 – The Price
- During the period mentioned in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
- The prices mentioned in the product offer include VAT.
Article 11 – Compliance agreement and additional warranty
- 16.08 guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. .
- In any case, no claim can be made on what is agreed to under paragraph 1 of this article (i) in case of damage by intent or negligence, (ii) in the event of normal wear and tear and / or (iii) in the event of damage caused by incorrect use or incorrect observance of the instructions for use.
- An additional guarantee provided by 16.08, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can claim under the agreement against 16.08 if 16.08 fails in the fulfillment of his part of the agreement.
- An additional guarantee is understood to mean every contract of 16.08, its supplier, importer or producer in which it assigns certain rights or claims to the consumer that go beyond what is legally required to in the event that he has failed to fulfill his part of the contract.
Article 12 – Delivery and Execution
- 16.08 will take the greatest possible care when receiving and implementing orders for products.
- Delivery takes place while stocks last.
- € 5.95 is charged for shipping and handling orders.
- The ownership of delivered products passes to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
- The place of delivery is the address that the consumer made known to 16.08.
- The consumer must give the correct address and e-mail address to 16.08. Also, any changes to this must be given in time to 16.08. If the consumer has given a wrong address for the delivery, then the extra shipping costs are charged to the consumer.
- 16.08 will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed to. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs.
- After dissolution in accordance with the previous paragraph, 16.08 will immediately repay the amount that the consumer has paid.
- The risk of damage and/or loss of products lies with 16.08 until the moment of delivery to the consumer or a pre-designated and to 16.08 announced representative, unless expressly agreed to otherwise.
Article 13 – Payment
- Unless decided otherwise in the agreement, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
- The consumer has the duty to report inaccuracies in the payment data provided or stated without delay to 16.08. Payment orders for giro and banking institutions are for the account and risk of the party who issues the order (or authorization).
- If the consumer fails to fulfill his payment obligation (in full or in part) on time, after having been informed of the late payment by 16.08 and 16.08, the consumer has been granted a period of 14 days to fulfill his payment obligations to pay, after the failure to pay within this 14-day period, the legal interest based on the amount owed, 16.08 is entitled to charge the extrajudicial collection costs he has incurred. These collection costs are: 15% over outstanding amounts up to € 2,500, – 10% over the subsequent € 2,500, – and 5% over the next € 5,000, with a minimum of € 40.
Article 14 – Intellectual Property
- The website and all its components, with the exception of certain hyperlinks to third parties, are the property of 1608. All intellectual property rights relating to the website and all parts thereof (such as the offered products) are vested in 1608, given that these rights do not lie with third parties.
- Without the prior written consent of 16.08, it is not permitted to publish, multiply, store or share the website, parts of the website, information obtained from the website, products displayed on the website or other material displayed on the website. to offer for sale in any form.
Article 15 – Force Majeure
16.08 and the consumer are not obliged to fulfill any obligation, if they are prevented from doing so as a result of a circumstance that is not due to their fault, and neither coming under the law, a legal act or generally accepted for his account.
Article 16 – Complaints Procedure
- 1608 has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted in full and clearly described to 16.08 as soon as possible after the consumer has discovered the defects.
- Complaints submitted to 16.08 will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, 16.08 will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 17 – Other
- Any deviations from these general terms and conditions can only be agreed to in writing. No rights can be derived from such deviations with respect to later legal relationships.
- The administration of 16.08 applies, subject to proof to the contrary, as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as proof.
- 16.08 is entitled to transfer the rights and obligations from the agreement with a customer to a third party by a single notification.
- If and in so far as any provision of the general terms and conditions is voided or annulled, the other provisions of these general terms and conditions will remain in full force. 16.08 will then adopt a new provision to replace the void / annulled provision, whereby the purport of the void / annulled provision will be taken into account as far as possible.
Article 18 – Applicable Law and Jurisdiction
- Only Dutch law applies to agreements, and all non-contractual obligations arising therefrom, between 16.08 and the consumer to which these general terms and conditions relate.
- All disputes between 16.08 and the consumer will, in the first instance, be settled by the competent court in Amsterdam, the Netherlands.
16.08 gives you access to www.1608.nl. (hereinafter: the Website) and publishes texts, images, products, and other materials.
16.08 reserves the right to change the contents of the Website at any time or to remove parts without having to inform you of this. 16.08 endeavors to update and/or supplement the content of the Website as often as possible but has no obligation to do so. The information on the Website is offered without any form of guarantee or claim to correctness.
In particular, all prices on the Website are subject to apparent typing and programming errors. 16.08 is not liable for the consequences of such errors. No agreement is made on the basis of such errors.
16.08 is not liable for damage, of whatever nature, arising from or resulting from the use of the (information on) the Website. In addition, 16.08 is not liable for the unavailability or availability of the Website as a result of a malfunction and is not responsible or liable for malfunctions in networks of third parties by means of which access to the Website is obtained.
Although 16.08 does everything in its power to prevent abuse, 16.08 is not liable for information and/or messages placed on the Website by users of the Website. 16.08 does not exercise prior control or editorial supervision but will seriously investigate complaints about user content and intervene where necessary.
The Website contains hyperlinks to third party websites. 16.08 is not responsible for the content of these websites. For hyperlinks to websites or services of third parties included on the Website, 16.08 is not liable.
In conclusion, 16.08 excludes all liability for any direct or indirect damage, of whatever nature, arising from or in any way related to the Website.
The Website and all its components, with the exception of certain hyperlinks to third parties, are the property of 16.08. All intellectual property rights relating to the Website and all parts thereof are vested in 16.08, insofar as these rights do not rest with third parties. Without the prior written consent of 16.08, it is not permitted to publish, reproduce, store or purchase the Website, parts of the Website, information obtained from the Website, products displayed on the Website or other material displayed on the Website to offer in any form whatsoever.
If you have any questions about this disclaimer, please contact 16.08.