DEFINITIONS
The Abraxas Shop / entrepreneur: The company as described in 2. information on the seller of the products;
Consumer: The natural or legal person who orders the products of Abraxas Shop “www.abraxasshop.com” via the website;
Parties: Abraxas Shop
Products: Clothing, accessories and smoker products and services of Abraxas Shop;
Agreement: The written agreements between Abraxas Shop and the buyer regarding the delivery of the products;
Delivery: When the purchaser or a third party acting on behalf of the buyer acquires ownership of and control over the products;
Right of withdrawal: The ability of the consumer to see within the waiting period of the contract;
Grace period: The period within which the consumer can exercise his right of withdrawal;
Day: Calendar day;
Duration agreement: An agreement which extends to the regular delivery of goods during a certain period;
Right of withdrawal: The ability of the consumer to see within the waiting period of the contract;
Distance contract means an agreement between the entrepreneur and the consumer is concluded in the framework of an organized system for distance selling of products in which to conclude the agreement made solely or partly use of one or more communication techniques at a distance;
INFORMATION ON THE SELLER OF THE PRODUCTS
E&D Souvenirs B.V.
Jonge Roelensteeg 6
1012 PL Amsterdam
Chamber of Commerce Amsterdam: 65678184
VAT Number: NL856211084B01
Contact: Abraxas Shop
Phone: 0031 20 370 34 61
E-mail: info@abraxasshop.com
Relevance
These general conditions apply to all offers and deliveries of / agreements with, and payments to the entrepreneur.
By placing an order, the purchaser expressly agree to these terms.
The offer
If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products offered. Obvious mistakes or errors in the offer binding on the entrepreneur.
Each offer contains such information that is clear to the consumer what rights and obligations are attached to accepting the offer.
The agreement
The agreement is established at the time of the consumer accepts the offer and meet the corresponding conditions.
After placing an order, the buyer receives an email from the employer in which the products ordered and the total amount of the order is stated inclusive of VAT and shipping.
The entrepreneur has the right without giving reasons to refuse orders within one week of receipt.
The products are delivered to the address specified by the buyer.
The delivery deadline stated is only an indication, unless otherwise expressly agreed in writing that the deadline is final.
If the buyer has ordered more than one product, the business is entitled to deliver the products in parts and is entitled to demand payment for each partial delivery.
The general conditions of the purchaser, regardless of the naming and form therefor, are expressly excluded, unless agreed otherwise in writing.
Adjustments to these terms and conditions shall be effective only if the parties so agree in writing.
The invalidity of any provision of these terms and conditions shall not result in the invalidity of the entire terms and conditions. In the event that any provision is invalid, the parties will replace it in conjunction with a valid regulation in such a way that the scope of these terms and conditions shall remain in force.
Right of withdrawal
The consumer has the right to withdraw from the contract without giving any reason within 14 days from the date of delivery of the products.
The grace period referred to in paragraph 1 shall begin on the day after the consumer or a pre-designated by the consumer third party other than the carrier and the product has received, or:
as the consumer in the same order have ordered several products: the day on which the consumer or a third party designated by him, has received the final product. The operator may, provided that he has informed the consumer prior to the ordering process in a clear manner, refuse an order of several products with different delivery time.
if the supply of a product consists of multiple lots or pieces, the day on which the consumer or a third party designated by him, received the last shipment of the final component.
Obligations of the consumer during the reflection
Consumers will during this period the consumer will treat the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer should only handle and inspect product just as he would be allowed to do in a shop. The product and all accessories need to be where possible, be returned in the original packaging.
If the buyer does not act in accordance as described above, or if the price tag is removed or the products otherwise not be returned to its original state, the employer is not obliged to refund the purchase price to the buyer.
Exercise of the right of withdrawal by the consumer needs to be done within 14 days after receiving the products.
If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period using the model withdrawal form or via the return form received within the package of The Abraxas Shop.
The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer must bear the direct cost of returning the product. If the trader has not notified the consumer has to bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the cost of return.
Obligations of the trader in case of withdrawal
If the entrepreneur notification of withdrawal by the consumer possible through electronic means, it sends the message immediately upon receipt of an acknowledgment.
The trader shall reimburse any payments made by the consumer, including any delivery charges will be charged by the operator for the returned product, immediately but within 14 days after the day on which the consumer notifies him of the revocation. Unless the trader offers to collect the product, he can wait to return until he has received the product or demonstrates to the consumer that he has returned the product, whichever is the earlier.
The entrepreneur uses the same method of payment for reimbursement to the consumer, unless the consumer agrees to a different method. The reimbursement is free for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.
Delivery and implementation
The entrepreneur will the utmost due care when receiving and implementing orders for products.
The place of delivery is the address that the consumer made known to the trader.
The entrepreneur execute accepted orders expeditiously but not later than within 30 days, unless a different delivery period is agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them within 30 days after placing the order.
The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Payment
The entrepreneur requires payment of the products beforehand. Payment is due no later than 14 days after delivery of the goods to be done.
The consumer shall be in default upon the expiry of the payment, without any warning, notice or judicial intervention being required.
Making the collection costs, both judicial and extrajudicial, shall be borne by the consumer, including the actual costs to be incurred by legal aid and advice (including the costs of a lawyer, bailiff or other third parties).
Complaints
The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the execution of the contract must within a reasonable time after the consumer the defects, fully and clearly described and submitted to the entrepreneur.
When the trader complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then answered by the operator within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
If the complaint or within a reasonable time or within three months after the filing of the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.
Consumer privacy
The entrepreneur treats all personal information it receives from the buyer as private and confidential. The entrepreneur uses the personal data for the execution of the agreement and the payment and delivery of the products. The entrepreneur is also entitled to use the personal data for its own promotional activities, such as The Shop Abraxas newsletter.
The entrepreneur will not disclose the buyer’s personal data to any third parties other than those involved in the payment and shipping of products.
Jurisdiction
These terms and conditions and any agreements related there to are subject to Dutch law.
All disputes between the parties arising out of or otherwise relating to agreements or these terms and conditions will be resolved in consultation as much as possible. Any dispute not resolved by the parties, will be submitted to the competent court in Amsterdam, unless the operator decides to take legal action against the customer before the competent court in another place.