ARTICLE 1. | DEFINITIONS
In these general conditions, the following terms, always indicated with a capital letter, are used in the meaning below.
- A-Catchers: the user of these general conditions, established on Tattistraat 238, 3066CM in Rotterdam, listed in the Trade Register under Chamber of Commerce number 72189568.
- Consumer: every natural person, not acting from the exercise of a profession or business, with whom A-Catchers has concluded or intends to conclude an Agreement.
- Parties: A-Catchers and the consumer jointly.
- Agreement: each agreement adopted between Parties in the context of which A-Catchers has committed itself to deliver Products.
- Subscription: an Agreement regarding the delivering regularly of jewellery boxes.
- Products: all matters to be delivered by A-Catchers to the consumer in the context of the Agreement, that may also include jewellery boxes and inspirational cards.
- Website: www.a-catchers.com.
- In Writing: besides traditional written communication, communication by e-mail or any other manner of communication that in view of the state of the art and commonly held opinion can be equated therewith.
ARTICLE 2. | GENERAL PROVISIONS
- These general conditions are applicable to every offer of A-Catchers and to each Agreement.
- The annulment or voidness of one or more provisions from these general conditions or the Agreement as such leaves unaffected the validity of the remaining clauses. In such case as may occur, Parties are obliged to enter into mutual consultations so as to make an alternative arrangement with regard to the impaired clause. The purpose and tenor of the original provision are thereby observed as much as possible.
ARTICLE 3. | OFFER AND ADOPTION OF AGREEMENTS
- Every offer of A-Catchers is non-committal and subject to sufficient availability of the Products offered. In case of the unexpected unavailability of the Products offered, A-Catchers can still revoke their offer until immediately after the acceptance thereof by the consumer. If in such case payment by the consumer has already occurred, A-Catchers will forthwith provide for a refund.
- The consumer cannot derive any rights from an offer of A-Catchers that contains an apparent mistake or error.
- Every Agreement is adopted, without prejudice to what is established in section 1, at the moment that the consumer has accepted the offer from A-Catchers in the manner indicated for it by A-Catchers on the Website.
- A-Catchers will confirm the adoption of the Agreement, without prejudice to what is established in section 1, as soon as possible by e-mail.
ARTICLE 4. | SUBSCRIPTIONS
- A Subscription provides for the regular delivery of jewellery boxes. Unless expressly established otherwise, a jewellery box consists of an exclusive piece of jewellery designed by A-Catchers in collaboration with a jewellery brand, as well as three inspirational cards. The jewellery boxes are delivered once every three months. What jewellery and inspirational cards are delivered is determined by A-Catchers; it varies per delivery.
- Depending on what was expressly established, the Subscription is entered into for an indefinite time or for a fixed term of 12 months.
- Unless the Subscription that is adopted for a fixed term of 12 months is timely confirmed in conformity with what is established in the following section, the Subscription is tacitly extended after expiry of the fixed term by an indefinite time.
- The Subscription ends through cancellation with due regard for a notice period of one month. Cancellation by the consumer must occur under the account of the consumer on the Website.
ARTICLE 5. | RIGHT OF RESCISSION
- The consumer can rescind the Agreement without stating grounds entirely or partially until 14 days after receipt of the Products. In case of a Subscription, this right of rescission applies until 14 days after receipt of the first delivery. In case of a jewellery box or of an order regarding multiple other Products that were sold against an aggregate price, the right of rescission can only be invoked with regard to the entire jewellery box or all Products respectively that were offered against the aggregate price.
- The consumer can rescind the Agreement by submitting a request to such effect by e-mail or by making use of the model form for rescission offered by A-Catchers to A-Catchers. As soon as possible after A-Catchers have been notified of the intention of the consumer to rescind the Agreement and if the conditions of this article have been met, A-Catchers will confirm the rescission of the Agreement by e-mail.
- During the term as intended in section 1, the consumer must handle the Products to be returned and their packaging with care. The consumer may only handle and inspect the Products to be returned to the extent necessary to assess the nature and characteristics of the Products. The principle thereby is that the consumer may only handle and inspect the Products as he would be allowed to do at a physical shop.
- If the consumer exercises the right of rescission, he will return the relevant Products undamaged, including all enclosed accessories and in the original state and packaging to A-Catchers.
- The consumer is liable for the reduction of value of the Products that is the consequence of a manner of handling the Products that exceeds what is permitted pursuant to section 3. A-Catchers has the right to bill this reduction of value to the consumer, whether or not by setting it off against such payment as may have already been received from the consumer.
- The returning of the Products must occur within 14 days after the consumer has rescinded the Agreement in conformity with what is established in section 2.
- If the consumer exercises the right of rescission, the costs of returning the Products will be borne by the consumer.
- A-Catchers will refund such payments as may have already been received from the consumer with regard to the part of the order that is returned, minus such reduction of value as may have occurred, as soon as possible, though no later than within 14 days after rescission of the Agreement to the consumer, on condition the Products have been received back by A-Catchers or it has been demonstrated by the consumer that the Products have effectively been sent back. Refunds are done based on the same payment method that was used for the payment made by the consumer.
- If the right of rescission is only applied with regard to a part of the order, then such delivery costs as may have been paid by the consumer in the first instance are not eligible for a refund. In addition, A-Catchers are not obligated to pay back the additional costs if the consumer on the order has expressly chosen a different mode than the least costly one of standard delivery offered by A-Catchers.
ARTICLE 6. | DELIVERY TERMS
- A-Catchers exert themselves to comply with the delivery terms they have committed themselves to towards the consumer, though these terms never regard strict time limits. The default of A-Catchers does not enter into effect until after the consumer has declared the default of A-Catchers in Writing, in which default notice a reasonable term for compliance is stated, and A-Catchers after expiry of the latter term still are in default with compliance.
- In case of the default of A-Catchers as intended in the previous section, the consumer has the right to rescind the Agreement for the part that the default is in regard to, without the consumer being entitled to further compensation of damages than restitution of or a waiver for the established price in proportion to the part of the Agreement that was not delivered in connection with the default.
ARTICLE 7. | DELIVERY OF PRODUCTS
- Delivery of the Products takes place at the delivery address submitted by the consumer.
- The risk of loss and damaging of the Products passes to the consumer at the moment that the Products are received by or on behalf of the consumer.
- In case of the overrunning of the established delivery terms, the consumer never has the right, without prejudice to what is established regarding default in article 6, to refuse to receive the Products and/or to settle the amount owed by him to A-Catchers on account of the Agreement.
- If it was not possible to deliver the Products as a result of a circumstance that can be attributed to the consumer, A-Catchers have the right to store the Products at the expense of the consumer, without prejudice to the obligation of the consumer to settle the amount owed by him on account of the Agreement to A-Catchers. The costs to be incurred in connection with non-receipt by the consumer as intended here, such as additional delivery costs, will then be borne as well by the consumer.
ARTICLE 8. | CONFORMITY
- A-Catchers do not provide any further warranty for the Products than what is required legally. Such warranty as may be provided by A-Catchers, manufacturer or importer does not affect in any way, therefore, the mandatory legal rights and claims that the consumer may bring to bear against A-Catchers (conformity).
- Any claim based on non-conformity lapses in any event if a defect of the Product is the result of an outside cause occurring after delivery or it cannot be attributed otherwise to A-Catchers or their supplier. Thereby is intended, in a non-exhaustive manner, defects that have arisen after delivery as a result of damaging, natural wear, incorrect or inexpert handling, and the application of alterations to the Products, also including repairs that have not been carried out with the prior Written consent of A-Catchers.
- The consumer can only appeal to what is established in the preceding sections if the consumer has fulfilled all his payment obligations flowing from the Agreement.
ARTICLE 9. | FORCE MAJEURE
- A-Catchers is not obliged to comply with any obligation from the Agreement if and for as long as they are prevented from doing so by a circumstance that, pursuant to the law, a legal transaction, or commonly held opinion, cannot be attributed to them. By force majeure is intended, besides what is understood concerning in the law and jurisprudence, errors and shortcomings of suppliers of A-Catchers.
- To the extent the situation of force majeure renders compliance with the Agreement permanently impossible or it continues or will continue for more than three months, Parties have the right to rescind the Agreement with immediate effect.
- If A-Catchers upon entry into effect of the situation of force majeure have already partially complied with their delivery obligations, or are only able to partially comply with their delivery obligations, they have the right to separately invoice the part already delivered or the still deliverable part respectively of the Agreement as if it regarded an autonomous Agreement.
- Damage as a result of force majeure, without prejudice to the application of the previous section, never is eligible for compensation.
ARTICLE 10. | SUSPENSION AND RESCISSION
- A-Catchers is authorised, if the circumstances of the case reasonably justify such, to suspend the implementation of the Agreement or to rescind the Agreement entirely or partially with immediate effect, if and to the extent the consumer does not, does not timely, or does not completely comply with his obligations from the Agreement (also including what is established in these general conditions), or if circumstances that have come to the knowledge of A-Catchers after conclusion of the Agreement constitute legitimate grounds to fear that the consumer will not comply with his obligations. If compliance with the obligations of the consumer with regard to what he is or threatens to be in default with is not permanently impossible, the authority to rescind only arises after the consumer has been declared in default by A-Catchers in Writing, in which default notice a reasonable term is stated within which the consumer can (still) comply with his obligations and compliance has continued to fail to occur after expiry of the latter term still.
- If the consumer is in a state of bankruptcy, the law on the restructuring of debt for natural persons has been declared applicable to him, any attachment has been levied on his goods, or in cases in which the consumer is otherwise unable to freely dispose of his assets, A-Catchers have the right to rescind the Agreement with immediate effect, to the extent the consumer has not already lodged sufficient security for compliance with his payment obligations towards A-Catchers.
- All damage incurred by A-Catchers in connection with the suspension and/or rescission of the Agreement is borne by the consumer.
- The consumer is never entitled to any form of compensation of damages in connection with the right of suspension or rescission exercised by A-Catchers.
- If A-Catchers rescinds the Agreement, any possible outstanding claims on the consumer become instantly payable.
ARTICLE 11. | PRICES, COSTS, AND PAYMENTS
- Unless it is expressly stated otherwise by A-Catchers, all amounts indicated by A-Catchers and owed by the consumer to them are exclusive of delivery costs. Before the Agreement is concluded, the total price is indicated, including VAT and delivery costs.
- A-Catchers is not bound to (further) implement the Agreement for as long as the consumer is in default with compliance with any payment obligation he is subject to towards A-Catchers.
- Payments must occur in the manner indicated for it by A-Catchers and within the term notified or stated by A-Catchers. In case of a Subscription, the consumer provides an authorisation by way iDeal for the automatic collection of the successive instalments.
- If in case of payment by way of direct debit, the authorisation for automatic collection is withdrawn or in case a payment is reversed, the payment must occur still by way of bank transfer or in cash, within the term indicated in such case by A-Catchers. In those cases, A-Catchers furthermore have the right, without prejudice to what is established in section 7 and 8, to bill the costs associated with the withdrawal and/or reversal of the payment.
- A-Catchers provides the invoice falling to the consumer by e-mail.
- If timely payment fails to occur, the default of the consumer enters into effect legally. As from the day that the default of the consumer enters into effect, the consumer owes the statutory interest effective at such time over the outstanding amount.
- All reasonable costs, both judicial, extrajudicial, and enforcement costs, incurred to obtain the amounts owed by the consumer are borne, without prejudice to what is established in the following section, by the consumer.
- In case of default on payment on the part of the consumer, A-Catchers will not bill additional costs any sooner than after the consumer has been unsuccessfully warned to still provide for full payment within a term of at least 14 days. If the consumer has not paid after expiry of this term, A-Catchers have the right to apply the statutory interest on the amount still due, as well as the extrajudicial collection costs. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500, 10% on the subsequent € 2,500, and 5% on the subsequent € 5,000, with a minimum of € 40.
ARTICLE 12. | LIABILITY
- The consumer bears the damage caused by inaccuracies or omissions in the information provided by the consumer, any other shortcoming in compliance with the obligations of the consumer that flow from the law or the Agreement, as well as another circumstance that cannot be attributed to A-Catchers.
- If the Website contains references, for example by way of hyperlinks, to the websites of third parties, A-Catchers never are liable for the content of these websites.
- A-Catchers never are liable, barring wilful intent and deliberate recklessness on their part, for indirect damage. A-Catchers can only be held accountable, without prejudice to what is established elsewhere in these general conditions and especially what is established in section 5, towards the consumer for direct damage that the consumer incurs as a result of an attributable shortcoming of A-Catchers in compliance with their obligations from the Agreement. By direct damage is exclusively intended:
- the reasonable costs to determine the cause and scope of the damage, to the extent the determination regards damage that in the sense of these general conditions is eligible for compensation;
- any possible reasonable costs incurred to render the defective performance of A-Catchers compliant with the Agreement, to the extent these can be attributed to A-Catchers;
- reasonable costs incurred to prevent or mitigate damage, to the extent the consumer proves that these costs have led to the limitation of the direct damage in the sense of these general conditions.
- If A-Catchers were to be liable for any damage, then A-Catchers have the right at all times to restore such damage. The consumer must provide A-Catchers the opportunity to do so, failing which any liability of A-Catchers in the matter lapses.
- The liability of A-Catchers is limited to a maximum of the invoice value of the Agreement, or rather to such part of the Agreement that the liability of A-Catchers is in regard to.
- The provisions from this article do not exceed what is permitted pursuant to article 7:24 section 2 of the Civil Code (BW).
ARTICLE 13. | RETENTION OF TITLE
- The Products delivered by A-Catchers remain their property until the consumer has properly complied with all payment obligations with regard to the relevant delivery.
- It is prohibited to the consumer to sell, pawn, or encumber in any other manner the Products that are subject to the retention of title.
- If third parties levy an attachment on the Products that are subject to the retention of title of A-Catchers or they wish to establish or exercise rights thereto, the consumer is obligated to accordingly inform A-Catchers as soon as possible.
- Upon violation of what is established in this article, what is owed by the consumer to A-Catchers instantly becomes fully exigible.
- The consumer grants unconditional permission to A-Catchers or to third parties designated by A-Catchers to enter all such areas where the Products subject to the retention of title are located. The consumer must upon first request provide A-Catchers with all information in order to be able to exercise their property rights, without A-Catchers having to declare the default of the consumer to such effect. All reasonable costs in connection with the exercise of the property rights of A-Catchers are borne by the consumer.
ARTICLE 14. | COMPLAINTS POLICY
- Complaints submitted to A-Catchers are answered within a seven-day term after the receipt thereof. If a complaint requires a longer processing time, within the seven-day term an answer is given with a confirmation of receipt and an indication of when the consumer can expect a more elaborate answer.
- If a complaint from a Consumer cannot be resolved in mutual consultation, the consumer can submit the dispute to the arbitration committee through the ODR-platform (europa.eu/consumers/odr/).
ARTICLE 15. | FINAL PROVISIONS
- To each Agreement and all legal relationships flowing therefrom between Parties Netherlands legislation is exclusively applicable.
- Before possibly appealing to the court of law, Parties are obliged to exert themselves optimally to resolve the dispute in mutual consultation.