Terms and Conditions

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the economic operator
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of revocation
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Fulfilment of agreement and additional guarantee
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or different provisions

Article 1 – Definitions
For the purposes of these terms and conditions:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal.
2. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession.
3. Day: calendar day.
4. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.
5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
6. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers.
7. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusive or joint use of one or more means of distance communication.
8. Model revocation form: the model revocation form made available by the trader which a consumer can fill in if he wishes to exercise his right of revocation.
9. Means of distance communication: means that can be used for concluding an agreement, without the consumer and the trader having to meet in the same place at the same time.
10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

U’PitiTTu
Kierkegaardstraat 49
1185 AH Amstelveen
(Note: This is not a visiting address!)
Tel:
E-mail: info@upitittu.nl
Chamber of Commerce number: 34329811
VAT: NL002467782B28

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur before the distance contract is concluded will indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
4. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

Article 5 – The agreement
1. The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within the limits of the law, inform himself whether the consumer 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 request, stating reasons, or to attach special conditions to the implementation.
5. At the latest upon delivery of the product to the consumer, the entrepreneur will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
b. the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
On delivery of products:
When purchasing products, the consumer has the option of dissolving the contract without giving any reason to dissolve for 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and 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 delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the purchase is a fact.

In the case of the provision of services:

Upon delivery of services, the consumer has the option of dissolving the contract without giving any reason to dissolve for at least 14 days, commencing on the day of entering into the contract.
In order to exercise his right of withdrawal, the consumer will focus on the trader’s reasonable and clear instructions provided at the time of the offer and / or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.

Article 8 – Exclusion of right of withdrawal
The trader may 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 trader has clearly stated this in the offer, at least in good time before concluding the contract. Products with an expiration date can be returned after receipt if the packaging of the product has not been opened.
1. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for hygienic products of which the consumer has broken the seal.
2. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
b. of which the delivery has started with the Consumer’s explicit consent before the cooling-off period has expired;

Article 9 – The price
1. During the period of validity 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. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typesetting errors, the Entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance with agreement and extra guarantee
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never restricts the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfil his part of the contract.
3. Extra guarantee is understood to mean any undertaking by the proprietor, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to if he has failed to fulfil his part of the contract.

Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer will receive notification of this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless expressly agreed otherwise.
6. All delivery periods are indicative. The consumer cannot derive any rights from any of the periods mentioned. Exceeding a term does not entitle the consumer to compensation.

Article 12 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

 

Article 13 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, complete and clearly described.
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 foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer should give the entrepreneur at least 4 weeks to solve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.

Article 14 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
Even if the consumer resides abroad.

Article 15 – Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.