General Terms and Conditions of Buroman – House for Scale

Article 1 – Definitions

In these conditions the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products and/or services in connection with a distance contract and these goods and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who, not acting for purposes related to his trade, business, craft or professional activity, purchases fashion items and/or shoes or gives them for repairs from the entrepreneur;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows future consultation or use for a period tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
  7. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement one or more techniques for remote communication;
  10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;

Article 2 – Identity of the entrepreneur

House for Scale
Eemsstraat 66-2
1079 TK Amsterdam
The Netherlands

Tel: +31 6 8393 9107
Email: info@artiscale.nl
Chamber of Commerce number: 71615989
VAT identification number: NL002000019B95

Article 3 – Applicability

  1. These general terms and conditions apply to distance contracts for the purchase of or the making or maintenance/repair of products, concluded between the entrepreneur and the consumer.
  2. 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.</li >
  3. 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 can be made available to the consumer electronically in such a way that it can be read by the consumer can be easily stored 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 free of charge electronically or otherwise at the request of the consumer. /li>
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is the most favorable.

Article 4 – The offer

  1. An offer, unless it appears otherwise from the offer itself or has been agreed otherwise, is valid for two weeks, counting from the date of receipt.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good 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 errors in the offer do not bind the entrepreneur.
  3. The entrepreneur must in any case state in the offer:
    1. the withdrawal period of 14 days or, if there is an exclusion of the right of withdrawal, this fact and the reason for it
    2. if more (telephone) costs are charged than the basic rate for contact about the agreement.
  4. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can inform himself within legal frameworks 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, based on this investigation, the entrepreneur has good reasons 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.
  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    1. the visiting address of the entrepreneur’s branch where the consumer can go with complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about warranties and existing after-sales service;
    4. the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    5. if the consumer has a right of withdrawal, the model withdrawal form.

    Article 6 – Right of withdrawal upon delivery of products

    1. The consumer can revoke an agreement regarding the purchase of a product within fourteen working days. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
    2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
      1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times;
      2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
    3. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article. As soon as the entrepreneur still accepts fulfills his obligation to provide information regarding the withdrawal period and provides the model withdrawal form, the cooling-off period expires 14 days after the day on which he did so.

    Article 7 – Obligations of the consumer during the cooling-off period

    1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The basic principle is that the consumer leaves all labels, price tags, stickers and the like attached to the product and does not use the product.
    2. The consumer is liable for depreciation of the product if the provisions of paragraph 1 are not met.
    3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
    4. If the consumer exercises his right of withdrawal, the costs of return will be borne by him/her.

    Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

    1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
    2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur, unless the entrepreneur has offered the product to collect yourself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
    3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
    4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
    5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
    6. If the consumer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.

    Article 9 – Obligations of the entrepreneur in the event of withdrawal

    1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
    2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
    3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
    4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

    Article 10 – Exclusion of right of withdrawal

    The entrepreneur may sell products that are manufactured according to the consumer’s specifications and are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person, or sealed products that are not suitable for are returned for reasons of health protection or hygiene and where the seal has been broken after delivery, exclude the right of withdrawal. However, this is only possible if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.

    Article 11 – 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 as a result of changes in legal regulations or provisions (e.g. VAT rates).
    2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
      The prices stated in the offer of products or services include VAT.

    Article 12 – Compliance with agreement and additional warranty

    1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/ or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
    2. The entrepreneur is not liable for defects or resulting damage that arise after delivery of the products as a result of improper use or lack of care, or that are the result of changes or repairs that the consumer or third parties have made to the delivered goods. have applied.
    3. Any failure by the entrepreneur to fulfill his obligations gives the consumer the authority to terminate the agreement in whole or in part, unless the failure – given its special nature or minor significance – does not justify this termination and its consequences. To the extent that compliance is not permanently or temporarily impossible, the authority to dissolve only arises when the defaulting party is in default.
    4. If the entrepreneur is in default, the consumer can inform him in writing to demand alternative compensation instead of compliance. This conversion is not possible if the shortcoming – given its minor significance – does not justify it.
    5. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the contract. the agreement. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

    Article 13 – Delivery and execution

    1. The entrepreneur will exercise the utmost care when receiving and executing orders for products.
    2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
    3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will deliver expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notice of this no later than 30 days after he has placed the order, or if a different delivery time has been agreed, no later than the last day of the delivery time. . In that case, the consumer has the right to give the entrepreneur notice of default and to give him a reasonable additional period for delivery. If delivery is not made, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. The consumer can cancel immediately without further notice if delivery within the original delivery time is essential or the consumer has stated that this is essential when concluding the agreement. A notice of default is not necessary if delivery has become permanently impossible or it has otherwise become apparent that the entrepreneur will not fulfill his obligations.
    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 until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
    6. The entrepreneur can imagine the ownership of all products supplied by him is reserved. The consumer only becomes the owner of the purchased products once he has fully paid the purchase price and any additional amounts owed to the entrepreneur.
    7. The entrepreneur can exercise the right of retention if the consumer fails to fulfill a due obligation, unless the shortcoming does not justify this retention.

    Article 14 – Payment

    1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement.
    2. In the case of a consumer purchase, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
    3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
    4. If the consumer does not meet his payment obligation(s) on time, the entrepreneur will inform him of the late payment and the entrepreneur will give the consumer a period of 14 days to still meet his payment obligations. If payment is still not made, the consumer owes statutory interest on the amount still owed and the entrepreneur may charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 20% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 10% on the next € 5,000 with a minimum of € 85.

    Article 15 – Complaints procedure

    Unless otherwise agreed, the following applies to the entrepreneur’s complaints procedure:

    1. Complaints about defects in the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
    2. At the request of the entrepreneur, the consumer must demonstrate that the agreement to which the complaint relates has been concluded with the entrepreneur.
    3. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    4. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

    Article 16 – Disputes and applicable law

    Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur can only be submitted to the competent court.
    Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.