Terms and Conditions

Table of Contents

Article 1 – Definitions
Article 2 - Identity of the entrepreneur
Article 3 – Applicability
Article4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Continuing performance contracts: duration, termination and extension
Article 13 – Payment
Article 14 - Complaints procedure
Article 15 – Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Peggy's Art
Vlaskade 38
3087EK Rotterdam

Telephone number: +31613637499
E-mail address: info@peggys-art.com
Chamber of Commerce (KvK) number: 67178812

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced without delay in mutual consultation by a provision that approaches the purport of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly correspond to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

· the price including taxes;

· any costs of shipment;

· the way in which the agreement will be concluded and which actions are necessary for this;

· whether or not the right of withdrawal applies;

· the method of payment, delivery, and execution of the agreement;

· the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

· the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

· whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;

· the way in which the consumer, before concluding the agreement, can check and if desired rectify the data provided by him in the context of the agreement;

· any other languages in which, in addition to Dutch, the agreement can be concluded;

· the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

· the minimum duration of the distance contract in the event of a continuing performance transaction.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur assumes, on the basis of this investigation, good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

· the visiting address of the establishment of the entrepreneur where the consumer can go with 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 data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

· the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the 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 makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form or by means of another communication means such as by e-mail or the contact form. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Upon delivery of services:

1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, commencing on the day of entering into the agreement.

2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur regarding the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

The consumer bears the direct costs of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation in the value of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can 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 entrepreneur has stated this clearly in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

· that have been created by the entrepreneur in accordance with the specifications of the consumer;

· that are clearly personal in nature;

· that by their nature cannot be returned;

· that can spoil or age quickly;

· whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;

· for loose newspapers and magazines;

· for audio and video recordings and computer software of which the consumer has broken the seal;

· for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

· concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

· the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;

· concerning betting and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

· they are the result of statutory regulations or provisions; or

· the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications mentioned 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. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
The legal warranty applies to all products. The duration of the legal warranty may differ based on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
The warranty does not apply if:

· the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;

· the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;

· the defectiveness is wholly or partially the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially, 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 dissolve the agreement without costs. The consumer is not entitled to contractual compensation.
All delivery times are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to contractual compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, termination, and extension

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:

· at any time and not be limited to termination at a specific time or in a specific period;

· at least in the same way as they were entered into by him;

· always with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.

2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed duration of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.

3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and ends automatically after the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed or stated in the additional conditions, the amounts owed by the consumer must be paid immediately upon placing the order via the payment methods offered in the webshop (such as iDEAL, Creditcard, or Bancontact).
The entrepreneur is only obliged to proceed with delivery after the consumer has paid the full amount.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet his payment obligation(s) in time, he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, liable for statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him.

Article 14 - Complaints regulation

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement rules.
In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and for complaints that cannot be resolved in mutual consultation, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. Should a solution still not be reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 - 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.
The Vienna Sales Convention is not applicable.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer 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.