General terms and conditions
General Terms and Conditions of Gelukspoppetjes.eu (hereinafter referred to as Artasja), is part of Artasja, creative and sporting applications V.O.F. and is registered from its start date of 01-01-2006 with the Chamber of Commerce Oost-Brabant under number 96023376. VAT number NL867435288B01, located in Veldhoven, version valid from November 15, 2015. Our EORI number is NL867435288.
General
These general terms and conditions apply to all offers from Artasja. The conditions are accessible to everyone and included on Artasja's website. Upon request, we will send you a written copy.
By placing an order, you indicate that you agree with the delivery and payment conditions. Artasja reserves the right to change its delivery and/or payment conditions after the expiration of the term.
Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Artasja.
Artasja guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Delivery
We usually ship the order within 1 working day after receipt of payment. For handmade items, assembled mixes or items packaged individually, it may take up to 3 days before we ship.
Delivery takes place as long as stock lasts.
In the context of the rules of distance selling, Artasja will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive a message within 1 month after placing the order and in that case has the right to cancel the order without costs and without notice of default.
Artasja's delivery obligation will, barring proof to the contrary, be fulfilled as soon as the goods delivered by Artasja have been offered to the customer once. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
All terms stated on the internet site are indicative. Therefore, no rights can be derived from the stated terms.
If you want to use a newsletter offer, this offer is valid until the next newsletter has been sent. Don't forget to include the remark from the newsletter, we cannot change this later.
Prices
Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
All prices on the site are and subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
All prices on the site are per piece (unless stated otherwise) and in EUROs. For consumers, prices include the local VAT rate for the country of destination. For foreign orders that have provided an approved VAT number, no VAT is paid. These are declared as an intra-Community supply.
Discount codes may never be redeemed for agreements with companies. This applies to compiled packages for companies, as well as for market stall rental and advertisements.
Right of withdrawal
In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 BW), the customer has the right to return (a part of) the delivered goods within a period of 14 working days without giving any reason. This period starts at the moment the ordered goods have been delivered. If the customer has not returned the delivered goods to Artasja after the expiry of this period, the purchase is a fact. Before proceeding with the return, the customer is obliged to notify Artasja in writing within 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Pliers are packaged in such a way that you can clearly see them and must not have been removed from the original packaging. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution in the sense of this paragraph lapses. Subject to what is stipulated in the previous sentence, Artasja ensures that within 14 days after proper receipt of the return, the full purchase amount including the calculated shipping costs (shipping costs only if this concerns the entire order) will be refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the customer.
The right of dissolution, as described in the previous paragraph, only applies to the delivered goods. We will only process returns if there is a written document with the order number, name or order number and bank account number to which the amount can be refunded.
The right of withdrawal does not apply to:
services whose execution, with the consent of the consumer, has begun before the period of seven working days goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence goods that have been specially composed or manufactured, for example a surprise package, keychains with text or name, handmade lucky dolls, printed matter and custom work, for example items that are specially cut to length for you, or that have a clear personal character for goods or services that cannot be returned due to their nature, for example due to hygiene (e.g. earrings) or that can quickly spoil or age.
All lucky dolls are hand-painted and are not covered by the warranty if they do not exactly match the image on the site; color and minor size deviations are also not covered by the warranty.
By handmade lucky dolls, we mean the lucky dolls and/or angels made by us by hand from strings or non- or headpins and beads, as you can find in the subcategory "handmade lucky dolls."
If the customer chooses to ship via parcel post, the shipping costs can never be refunded if the package is returned because it was not accepted. If the customer wants the shipment to be sent again, the actual costs must always be paid first. If the customer wishes to cancel the returned order, the actually incurred shipping costs will first be deducted from the amount to be refunded.
Data management
If you place an order with Artasja, your data will be included in Artasja's customer database. Artasja complies with the Personal Data Registration Act and will not provide your data to third parties. See our Privacy Policy.
Artasja respects the privacy of the users of the internet site and ensures confidential treatment of your personal data.
Artasja uses a mailing list in some cases, for which you have signed up. Each mailing contains instructions to remove yourself from this list.
Warranty
Artasja guarantees that the products it delivers meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and thus guarantees the manufacturer's warranty of the product delivered to you.
Artasja's warranty period corresponds to the manufacturer's warranty period. However, Artasja is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must (before returning it to Artasja) immediately report these defects in writing to Artasja. Any defects or incorrectly delivered goods must and can be reported to Artasja in writing no later than 2 months after delivery. The return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, will cause this right to complain and return to lapse completely.
If Artasja finds the customer's complaints to be justified, Artasja will, at its discretion, replace the delivered goods free of charge or make a written agreement with the customer regarding compensation for damage, on the understanding that Artasja's liability and consequently the amount of compensation for damage is always limited to a maximum of the invoice amount of the goods concerned, or (at Artasja's option) to the maximum amount covered by Artasja's liability insurance in the relevant case. Any liability of Artasja for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
Artasja is not liable for damage caused by intent or gross negligence equivalent to intent of non-managerial personnel.
This warranty does not apply if: A) and as long as the customer is in default towards Artasja; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or treated contrary to Artasja's instructions and/or the instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used;
Offers
Offers are without obligation, unless otherwise stated in the offer.
If a non-binding offer is accepted by the buyer, Artasja reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
Verbal commitments only bind Artasja after they have been explicitly confirmed in writing.
Artasja's offers do not automatically apply to backorders. Offers are exclusive of shipping costs, even if above a certain amount.
Artasja cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
Additions, changes and/or further agreements are only valid if agreed in writing.
Agreement
An agreement between Artasja and a customer is concluded after an order has been assessed by Artasja for feasibility.
Artasja reserves the right not to accept orders or assignments without stating reasons, or to accept them only on the condition that shipment takes place on delivery or after prepayment.
Images and specifications
All images; photos, drawings etc.; including data concerning weights, dimensions, colors, images of labels, etc. on Artasja's website are only approximate, indicative and cannot give rise to compensation for damages or dissolution of the agreement.
If you order items from us as a webshop and wish to use our photos, you can request permission. If we grant this, we will always put your name on the copyrighted photos ourselves and email them to you. The right to use the photos is valid for 2 years from that date. After that, you must remove the photo from your site or request it again from us with a right of use for 2 years. Of course, you may not give permission to third parties to use these photos.
If you want to use our photos for commercial use, you must always request this from us in writing, as all our photos are copyrighted.
Force majeure
Artasja is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
Force majeure is understood to mean any foreign cause, as well as any circumstance, which cannot reasonably be attributed to its risk. Delays or non-performance by our suppliers, internet failures, electricity failures, e-mail traffic failures and failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Artasja as well as auxiliary persons, illness of personnel, defects in auxiliary or transport means are explicitly considered as force majeure.
In the event of force majeure, Artasja reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. In no case is Artasja obliged to pay any penalty or compensation.
If Artasja has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
If the carrier loses the shipment and Artasja can prove that it was sent, we will compensate you for what the carrier compensates us. Of course, this does not apply if you have the shipment sent insured, in which case Artasja will refund the entire amount of your order.
If you choose to ship by letter post, we cannot guarantee against breakage of the contents, as this is force majeure because we do not know how the carrier handles the envelope. Artasja will of course package your order properly in a bubble envelope. We therefore always advise you to choose parcel post.
Liability
Artasja is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website. The articles on our website are of such a nature that they are not suitable for small children due to the risk of physical injury. You must therefore keep these products out of reach of children at all times.
Retention of title
Ownership of all goods sold and delivered by Artasja to the customer remains with Artasja as long as the customer has not paid Artasja's claims arising from the agreement or earlier or later similar agreements, as long as the customer has not paid for the work performed or yet to be performed under this or similar agreements and as long as the customer has not paid Artasja's claims due to shortcomings in the fulfillment of such obligations, including claims for fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
The goods delivered by Artasja which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
The customer already gives unconditional and irrevocable permission to Artasja or a third party to be appointed by Artasja to, in all cases in which Artasja wishes to exercise its ownership rights, enter all places where its properties will then be located and take those goods with them.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Artasja of this as soon as can reasonably be expected.
The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide Artasja with the policy of this insurance for inspection upon first request.
Applicable law / competent court
Dutch law applies to all agreements.
Disputes arising from an agreement between Artasja and the buyer, which cannot be resolved by mutual agreement, will be heard by the competent court within the district of Eindhoven, unless Artasja prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.