Terms and conditions

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 Execution
Article 12 - Long-Term Transactions: Duration, Termination, and Renewal
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 during which the consumer can exercise their right of withdrawal.
Consumer: A natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term Transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
Model Form: The withdrawal form provided by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: A contract concluded within the framework of a system organized by the entrepreneur 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 to conclude an agreement without the consumer and entrepreneur being in the same space simultaneously.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

BagsbyFaye
Bollenlaan, 5
1411JV Naarden
The Netherlands

E info@fayeparkerbrady.com
Chamber of Commerce Number: 88844552
VAT Number : NL004661360B42

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 a 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 can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it 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 accessed electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request.
If specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the void or annulled provision will be replaced by a provision that approximates the intent 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.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must 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 will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors precisely match the actual colors of the products.
Each offer includes sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer. This particularly includes:

The price, including taxes;
Any applicable shipping costs;
The manner in which the agreement will be concluded and the necessary actions for this;
Whether the right of withdrawal is applicable;
The method of payment, delivery, and execution of the agreement;
The period during which the offer can be accepted or the period during which the entrepreneur guarantees the price;
The rate for distance communication, if the costs of using distance communication technology are calculated on a basis other than the regular base rate for the used communication medium;
Whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
The manner in which the consumer can check and, if necessary, correct the data provided in the context of the agreement before its conclusion;
Any other languages besides Dutch in which the agreement can be concluded;
The codes of conduct to which the entrepreneur adheres and how the consumer can consult these codes of conduct electronically;
The minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures for this purpose.
The entrepreneur may, within the legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has valid reasons based on this investigation to not enter into the agreement, they are entitled to refuse a request or order, providing reasons, or to attach special conditions to its execution
The entrepreneur will provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, along with the product or service:

The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
The conditions and methods for exercising the right of withdrawal, or clear information about the exclusion of the right of withdrawal;
Information about guarantees and existing after-purchase services;
The information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

7. Each agreement is entered into under the suspensive condition of the sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

In the case of product delivery:

When purchasing products, the consumer has the right to withdraw from the agreement without providing any reason within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer, whose identity has been communicated to the entrepreneur.
During the cooling-off period, the consumer must handle the product and its packaging with care. The product should only be unpacked or used to the extent necessary to determine if the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, the product must be returned to the entrepreneur, including all accessories, and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. This notification must be made using the model withdrawal form or another communication method, such as email. After informing the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the returned goods were sent on time, for example, by providing proof of shipment.
If the consumer does not inform the entrepreneur of their intention to exercise the right of withdrawal or does not return the product within the deadlines specified in paragraphs 2 and 3, the purchase becomes final.

In the case of service delivery:

When services are delivered, the consumer has the right to withdraw from the agreement without providing any reason for at least 14 days, starting from the day the agreement is concluded.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or, at the latest, upon delivery of the service.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the maximum cost of returning the product is to be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, on the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return is provided. The refund will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any loss of value of the product.
The consumer cannot be held liable for any loss of value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.

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. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.
The right of withdrawal can only be excluded for products that:

Have been created by the entrepreneur according to the consumer's specifications;
Are clearly of a personal nature;
Cannot be returned due to their nature;
Are subject to rapid spoilage or aging;
Have a price dependent on fluctuations in the financial market, which the entrepreneur cannot control;
Are single newspapers and magazines;
Are audio and video recordings and computer software, where the consumer has broken the seal;
Are hygienic products, where the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services that:

Concern accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or within a specific period;
Have started with the express consent of the consumer before the cooling-off period has expired;
Concern betting and lotteries.

Article 9 - The Price

During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. The link to fluctuations and the fact that any indicated prices are merely guide prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are a result of legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

They are the result of legal regulations or provisions; or
The consumer has the right to terminate the agreement from the day the price increase takes effect.

The prices mentioned in the offer for products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing or typographical errors. In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable laws and/or government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have been mishandled in any way, or have been treated in violation of the entrepreneur's instructions and/or the packaging instructions;
The defect is entirely or partially the result of regulations set by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products and in evaluating requests for services.
The place of delivery is the address that the consumer has communicated to the business.
Subject to the provisions of paragraph 4 of this article, the business will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement without any costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of cancellation as per paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after cancellation.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment will be borne by 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 by the consumer and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-Term Contracts: Duration, Termination, and Extension

Termination

The consumer may terminate a contract that has been entered into for an indefinite period and involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and with a maximum notice period of one month.
The consumer may terminate a contract that has been entered into for a definite period and involves the regular delivery of products (including electricity) or services, at any time, before the end of the specified duration, subject to the agreed-upon termination rules and with a maximum notice period of one month.
The consumer may terminate the contracts referred to in the previous paragraphs:

At any time and not be limited to termination at a specific time or during a specific period;
At least in the same manner in which they were entered into by the consumer;
Always with the same notice period as the entrepreneur has agreed for themselves.

Extension

A contract that is entered into for a fixed period and involves the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specified duration.

Notwithstanding the previous paragraph, a contract that is entered into for a fixed period and involves the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate the extended contract before the end of the extension with a notice period of no more than one month.

A contract entered into for a fixed period and involving the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate the contract at any time with a notice period of no more than one month, and a notice period of no more than three months applies if the contract involves the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end at the conclusion of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the agreed duration has ended.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts once the consumer has received confirmation of the agreement.
The consumer is obligated to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs that were communicated to the consumer in advance.

Article 14 - Complaints Procedure

The entrepreneur has an adequately publicized complaints procedure and handles complaints according to this procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly within 2 months after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, the consumer should first contact the entrepreneur. If the webshop is a member of WebwinkelKeur and the complaint cannot be resolved through mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Verify if the webshop has an active membership through https://www.webwinkelkeur.nl/ledenlijst/. If a resolution is still not reached, the consumer has the option to have the complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer. It is also possible to submit complaints through the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur explicitly states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 - Additional or Deviating Provisions

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