terms and conditions

General terms and conditions of sample shop, based in Fictief (versie geldig vanaf 01-01-2022) 

Article 1. General

 1.1 Under "Sample Shop" in these general conditions of sale means: demoshop Mine Domain 1.2 These terms and conditions form part of all offers and agreements with Exemplarshop insofar as they have not been expressly deviated from them in writing.

1.3 Subject to the provisions of article 6.4, these conditions also apply if Exemplarshop has to engage third parties for the execution of all agreements.

1.4 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by Exemplarshop.

1.5 In the event that the Terms and an agreement contain conflicting clauses, the agreement shall prevail. 1.6 If any part of the Terms and Conditions is void or destroyed, the remaining provisions of the terms and conditions will remain in full force and parties will be bound to make an effort in good consultation to establish a replacement clause that is valid and as close as possible to the original purposes of the parties.

Article 2. Offers and establishment of agreements

2.1 All offers are non-binding, unless expressly stated otherwise by sample shop.

2.2 Agreements for the delivery of goods and/or services bind Exemplarshop only after written confirmation. Actual execution by Exemplarshop or an invoice sent by exemplarshop is equivalent to a written confirmation of the offer. 2.3 If within 8 days, also in writing, the correctness of the content of this written confirmation is not contested, Sample Shop and the buyer are bound by this.

2.4 Offers from Example Shop do not automatically apply to further orders.

2.5 Sample Shop cannot be bound by its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious error or omission.

2.6 Additions, amendments and/or further agreements are only effective if agreed in writing.

Article 3. Prices / Price Increase

3.1 All prices are, unless otherwise stated, in Euros, including sales tax (BTW).

3.2 Sample Shop guarantees that price increases will not take place after the conditions have been established, unless the price increase is the result of legal regulations and/or provisions.

3.3 If the price increase is not the result of legal regulations and/or regulations, the consumer has the right to terminate the distance agreement by the day the price increases take place.

Article 4. Delivery

4.1 If goods are available from stock, they will be shipped immediately after ordering. For the dispatch of ordered goods, Exemplarshop may charge shipping charges. The delivery of the ordered goods takes place at the postal address known to Exemplarshop, not being of a temporary nature, and issued to the natural person located at the delivery address.

4.2 The buyer must sign before receiving the products. This is only different if the buyer has grounds for refusal on the basis of the law.

4.3 If the buyer refuses to take it or fails to provide information or instructions necessary for delivery, the items will be stored at the customer's expense and risk.

4.4 Except for evidence to the contrary, the delivery obligation of Exemplarshop will be fulfilled as soon as the goods delivered by ExemplarShop have been offered to the buyer once. In case of delivery to the home, the report of the carrier containing the refusal of acceptance shall serve as full proof of the offer for delivery, unless otherwise proven.

4.5 In the event of refusal of the offered goods, the risk of damage or loss of the refused goods shall be borne entirely by the buyer, unless he or she invokes the right to terminate the purchase or the replacement of the goods on good grounds.

Article 5. Delivery time

5.1 A delivery time specified by Example Shop is never to be considered as a fatal deadline. The delivery time begins only after all the necessary data are in the possession of the sample shop, after which sampleshop will try to make delivery within 30 days.

5.2 In the framework of the rules of the distance sale, Exemplarshop (contractor) will execute orders with competent urgency, but at least within 30 days. If this is not possible (because the ordered product is not in stock or is 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 (customer) will receive notice within 1 month of placing the order and in that case he has the right to order without. cancellation of costs and default order.

Article 6. Dissolution

6.1 Without prejudice to the rights of Exemplarshop based on the law, ExemplarShop is entitled, by means of a written declaration to the buyer, to suspend or dissolve the agreement in whole or in part with the right to compensation against the customer if, after the conclusion of the contract, circumstances become known to Exemplar Shop that give good reason to fear that the customer will not fulfil his obligations or if Exemplar shop has requested at the time of concluding the contract to provide security for the fulfilment and this security remains inadequate or insufficient (despite summatia) as well as in the case of bankruptcy of the customer, an application for bankruption by the customer itself, suspension of payment, liquidation or a decision to do so, or the whole or part of the transfer of the business of the client or any of its assets.

6.2 If circumstances arise with respect to persons and/or materials which Example Shop uses or uses in the performance of the contract, which are of such nature that the execution of the agreement becomes impossible or so inconvenient and / or disproportionately expensive that compliance with them can reasonably no longer be claimed, Exampleshop is entitled to dissolve the contract.

6.3 The buyer has the right to terminate the contract for goods delivered on the basis of an order from Exemplarshop, if there is a consumer purchase, in accordance with article 7:5 BW, within a period of 7 working days without giving reasons, unless expressly agreed otherwise. This period begins from the moment the ordered goods have been delivered. If after the expiry of this period the buyer has not returned the delivered goods to Exemplarshop, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Example shop within 7 working days after delivery. The buyer must prove that the delivered goods have been returned on time (no later than 10 working days after delivery), for example by means of a proof of postal delivery. The return of the delivered goods is at the expense and risk of the buyer. Return of the goods must be in the original packaging (including accessories and related documentation) and in new condition. If the goods have been used, damaged or in any way damaged by the buyer, the right to dissolution within the meaning of this paragraph expires. Subject to the provisions of the previous sentence, after receipt and verification of the returned goods, the sample shop confirms the dissolution of the purchase on an ongoing basis and ensures that within 30 days of receipt of the complete return shipment, the full purchase amount is refunded to the buyer free of charge.

6.4 The right of termination, as defined in the previous paragraph, only applies to the goods delivered and will in no case relate to services, such as telephone subscriptions of the (mobile) network operators offered by the sample shop. For the latter services, where Exemplarshop acts only as an intermediary or agent, the general terms and conditions of the said network operators will apply.

Article 7. Force majeure

7.1 Force majeure means, in addition to what is understood in the law and jurisprudence, all circumstances, on which Example Shop has no influence and which prevent or make it impossible to deliver goods, including but not limited to strike at ExampleShop and/or suppliers, disruptions in the Internet or WAP, electrical failures, failures in e-mail traffic and failures or changes in technology supplied by third parties.

7.2 A recourse to force majeure may also be made if the circumstance preventing (further) fulfilment occurs after Exemplarshop should have fulfilled the commitment.

7.3 If the period in which fulfilment of the obligation by Exampleshop is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without any obligation to compensate.

7.4 If, at the time of force majeure, Exemplarshop has already partially fulfilled its obligations, or can fulfil only partially, it is entitled to invoice the already delivered or the deliverable part separately and the buyer is obliged to meet this invoicing if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

Article 8. Warranty

8.1 The Sample Shop does not offer a more extensive warranty on the delivered goods than the guarantee(s) of the manufacturer of these goods, without, however, affecting the rights of the buyer arising from mandatory legal provisions.

8.2 Exemplarshop is never responsible for the final suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the things.

8.3 The buyer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered item is incorrect, flawed or incomplete, then the buyer (before going to return to Exemplarshop) must immediately report these defects in writing to ExampleShop. Any defects or incorrectly delivered goods must be to Exemplarshop in writing no later than 2 months after delivery. Return of the goods must be in the original packaging (including accessories and related documentation) and in new condition. Usage after detection of a defect, damage arising after finding of a fault, warranty and/or resale after determination of a failure, this right to complaint and return expires entirely.

8.4 If the customer's complaints are found to be justified by Forbeeldshop, ForbeeldShop will replace the delivered goods at its choice or free of charge or make a written arrangement with the customer on the compensation, provided that the liability of Forbeeld Shop and, if so, the amount of compensation is always limited to not more than the invoice amount of the goods concerned, or (according to forbeeldshop's choice) to the maximum amount covered in the respective case by the For exampleshop liability insurance. Any liability of Exemplarshop for any other form of damage is excluded, including additional damages in any form, compensation for indirect damage or consequential damage or damage due to lost profits.

8.5 Example Shop shall not be liable for damages caused by intentional or equivalent deliberate negligence by non-management staff.

8.6 This warranty does not apply if:

A) and as long as the buyer is in default against Exemplarshop;

B) the customer has repaired and/or worked on the delivered goods himself or has been made to repair and / or work on them by third parties.

C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or have been treated contrary to the instructions of the Sample Shop and/or instructions on the packaging;

D) the defect is entirely or partially the result of regulations that the Government has or will impose with regard to the nature or quality of the materials applied.

Article 9. Payment

9.1 Unless otherwise agreed, payment by means of a PIN transaction shall take place at the place of delivery of the products. Payment in deadlines is not possible.

9.2 After the expiry of 10 days after the invoice date, the buyer is legally in default and from that moment an interest is owed of 1% per month on the amount due, unless the statutory interest is higher in which case the legal interest applies, where a part of a month is charged for an entire month.

9.3 In the event of bankruptcy or suspension of payment by the buyer or a request therefor, the claims of Exemplarshop and the obligations of the purchaser towards ExemplarShop are immediately enforceable.

9.4 If Exemplarshop has to give up its claim for collection, the buyer is liable for a fixed amount of 15% of the amount due to extrajudicial collection costs, with a minimum amount of 250 euros.

9.5 If Example Shop can demonstrate that it has incurred higher costs that were reasonably necessary, these are also eligible for compensation.

Article 10. Reservation of ownership

10.1 The ownership of all goods sold and delivered to the buyer by Exemplarshop remains with ExemplarShop as long as the customer has not fulfilled the claims of Exemplar Shop under the agreement or previous or later similar agreements, as much as the purchaser has not satisfied the work performed or to be performed from these or similar contracts and as far as the client has not yet satisfied Exemplar shop's claims due to default in the fulfilment of such obligations, including claims relating to fines, interest and expenses, any and all as referred to in article 3:92 BW.

10.2 The goods delivered by Exemplarshop which fall under the reservation of ownership may only be resold in the framework of a normal business exercise and never be used as a means of payment.

10.3 The buyer is not entitled to secure the property covered by the reservation of ownership or to object in any other way.

10.4 The customer already gives unconditional and irrevocable permission to Exemplarshop or a third party to be appointed by ExemplarShop to enter all those places where its property will then be located and to take those things there, in all cases where Exemplar Shop wishes to exercise its ownership rights.

10.5 If third parties seize the goods delivered under reservation of ownership or wish to establish or enforce rights thereon, the buyer is obliged to notify Exemplarshop as soon as reasonably expected. 10.6 The buyer undertakes to insure the goods delivered under reservation of ownership and to keep insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance at first request for access to the sample shop.

Article 11. Privacy

11.1 Exemplarshop respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is not sold, shared or leased to third parties in any way other than as stated in this privacy statement.

11.2 Information from which the identity of an online visitor to the Web site can be inferred is voluntarily provided by the visitor. This information can be used within Forbeeldshop (and all its subsidiaries and brands) in order to make visits to our websites as easy and pleasant as possible. In addition, this information may be used for analysis and to provide information about the product portfolio of Forbeeldshop. The buyer expressly agrees to this. Example Shop is entitled to disclose information about a visitor in special cases, when there is reason to believe that the disclosure of such information is necessary in order to identify, contact or initiate a lawsuit against anyone who, whether or not intentionally, harms the rights or property of Exampleshop, other users of its website or others who may suffer damage therefrom. We are entitled to disclose information about users when we believe in good faith that the law so requires.

11.3 Example Shop collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data may be deleted at the request of the online visitor to the extent that this does not require disproportionate effort or cost.

Article 12. Intellectual property rights

12.1 Unless expressly agreed otherwise in writing, all copyrights and all other intellectual and industrial property rights relating to the goods or services supplied by Forbeeldshop, such as trademark rights, model rights, patent rights, sui generis database rights, etc., belong exclusively to ForbeeldShop and/or its suppliers.

12.2 Parties undertake to take adequate measures to ensure confidentiality with respect to each other's confidential information of which they become aware in the execution of the agreement.

Article 13. Applicable law.

13.1 All offers and agreements of Voorbeeldshop are governed exclusively by Dutch law. The applicability of the Vienna Agreement is expressly excluded.

Article 14. Disputes

14.1 For questions and/or complaints, the customer can call the Customer Care helpdesk at 0900 424 0900 (10ct p/min), available from Monday to Friday from 8:30 to 17:30. Complaints are usually handled within 30 days. If this is not possible for any reason, the buyer will be informed of the delay.

14.2 The buyer has the opportunity to submit the dispute to an independent dispute commission. This may be the Dispute Commission of Thuiswinkel or another equivalent dispute commission, without prejudice to the right of the buyer to refer the dispute to a competent court.

These General Terms and Conditions serve as an example. NEVER A RIGHT ON THE DEMO LINK CAN BE PROVIDED ON THE BASIS OF THIS