General Terms and Conditions Piramidanna

General Terms and Conditions based on the model terms of WebwinkelKeur.

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Payment
Article 13 – Complaints Procedure
Article 14 – Disputes
Article 15 – 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 may exercise the 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 supply and/or purchase obligation of which is spread over time.
Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: an agreement concluded in the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: any tool that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously present in the same place.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Piramidanna
De Fazant 90
8251MN Dronten
The Netherlands
E: info@piramidanna.com
www.piramidanna.com
Chamber of Commerce (KVK): 95125140
VAT number: NL005131903B78

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from 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 shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision most favorable to them in the event of conflicting conditions.
If one or more provisions of these general terms and conditions are null and void or annulled at any time, the agreement and these terms shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement as soon as possible by a provision that approaches the purpose of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Ambiguities about the interpretation 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 subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they shall be a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make 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 shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate of distance communication if the costs of using the means of distance communication are calculated on a different basis than the regular base rate of the means used;
whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by them under the contract and, if desired, correct them;
any other languages in which, besides 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 case of a continuing performance contract.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall 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 may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may – within the limits of the law – investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, the entrepreneur is entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance.
The entrepreneur shall provide the consumer with 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, with the product or service:

the address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these to the consumer before the performance of the contract;
the requirements for terminating the agreement if the contract 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 subject to the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products:

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the cooling-off period the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all accessories supplied and – if reasonably possible – in the original condition 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 the right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product. Notification must be made using the model form or by another unambiguous statement (e.g., via e-mail). After notification, the consumer must return the product within 14 days. The burden of proof for timely return lies with the consumer, for example by providing proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, at most the costs of return shall be for their account.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided. Refunds will be made using the same payment method the consumer used, unless the consumer expressly agrees to another method.
In case of damage to the product due to careless handling by the consumer, the consumer shall be liable for any depreciation in value.
The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase contract.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been made to the consumer's specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price depends on fluctuations in the financial market over which the entrepreneur has no influence.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for changes in VAT rates.
Notwithstanding 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, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

they are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement as of the date the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care in receiving and executing product orders and in assessing requests 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 shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified of this no later than 30 days after the order was placed. In such case, the consumer is entitled to dissolve the contract free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at least within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. No later than upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the consumer reasonable costs made known in advance.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract 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 shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Consumers must first submit complaints to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If the dispute cannot be resolved through mediation, the consumer has the option to have the complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose decision is binding and which both entrepreneur and consumer agree to. Costs are associated with submitting disputes to this committee, which must be paid by the consumer. It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 15 – Additional or Deviating 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.