Article 1 – Definitions
In these General Terms and Conditions the following definitions apply:
Deadline: The deadline within which the consumer can exercise his or her right of withdrawal;
Consumer: a natural person who is not acting in the exercise of a professional or commercial activity and who concludes a distance contract with an entrepreneur;
Day: calendar day;
Term contract: a distance contract for a range of products and/or services, the delivery and/or purchase obligation of which extends over a certain period of time;
Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in such a way that future retrieval and unchanged reproduction of the stored information is possible.
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the withdrawal period;
Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement in which one or more distance communication technologies are used exclusively within the framework of a system set up by the entrepreneur for the purpose of distance selling of goods and/or services, concluded up to and including the time of the conclusion of the contract;
Technology for distance communication: means by which an agreement can be concluded without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: The current general terms and conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
The Framehouse MediaBuyers LL
32 KINBURN STREET LONDO
ENGLAND SE16 6DW
Article 3 – Scope
These general terms and conditions apply to all offers from the entrepreneur as well as to all distance selling contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it must be declared before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and that they will be sent to the consumer free of charge as quickly as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions must, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer in electronic form in such a way that the consumer can easily save them on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it must be indicated where the general terms and conditions can be viewed electronically and that they can also be sent to the consumer free of charge, if requested, electronically or in another way if the consumer so requests.
If special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, whereby the consumer can always rely on the regulation that is most favorable to him in the event of contradictory general terms and conditions.
If one or more provisions of these general terms and conditions are at any time ineffective or are wholly or partially repealed, the contract and these general terms and conditions remain in force in the rest and the relevant provision will be replaced by mutual agreement without delay by a provision that comes within the scope of the original one determination comes as close as possible.
Situations not covered by these Terms and Conditions must be assessed “in the spirit” of these Terms and Conditions.
Any ambiguity as to the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted "in the spirit" of these Terms and Conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The company has the right 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 allow the consumer to properly assess the offer. If the entrepreneur uses images, they must accurately reflect 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 lead to any compensation or cancellation of the contract.
The images of the products are a correct representation of the products offered. The company cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service must take advantage of the special regime for postal and courier services related to imports. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier company collects VAT (whether or not it is combined with the customs clearance fee charged) from the recipient of the goods;
the possible shipping costs;
how the agreement is to be implemented and what measures are required to achieve this;
whether the right of withdrawal applies or not;
method of payment, delivery and execution of the contract;
the deadline for accepting the offer or the deadline within which the entrepreneur guarantees the price;
the amount of the tariff for long-distance communication if the cost of using the long-distance communication technology is calculated on a basis other than the basic tariff customary for the form of communication used;
whether the contract is archived after the conclusion of the contract and if so, how the consumer can access it;
the way in which the consumer can check and, if necessary, correct the information he has provided in connection with the contract before concluding the contract;
all languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically, and
The minimum length of the remote contract period in the event of an extended transaction.
Optional: available sizes, colors and material types.
Article 5 – The Agreement
The contract comes into force when the consumer accepts the offer and the conditions set out in paragraph 1 are met, subject to the provisions of subsection 4 specified.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as receipt of this acceptance is not confirmed by the entrepreneur, the consumer can withdraw from the contract.
If the contract is drawn up electronically, the entrepreneur will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer has the option to pay electronically, the entrepreneur takes appropriate security measures.
Within the framework of the legal provisions, the entrepreneur can inform himself about the consumer's ability to fulfill his payment obligations as well as about all conditions and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has a good reason not to conclude the contract, he has the right to refuse an order or request or to attach special conditions to the implementation.
Together with the product or service, the company 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 medium:
the address of the registered office of the entrepreneur where the consumer can lodge complaints;
the conditions and the way in which the consumer can exercise his right of withdrawal or a clear statement on the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;
the information referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already made this information available to the consumer before the conclusion of the contract;
the conditions for terminating a contract if the contract has a term of more than one year or is open-ended.
In the case of a fixed-term contract, the provision in the previous section only applies to the first delivery.
All contracts are concluded on the condition that the products in question are sufficiently available.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option of withdrawing from the contract without giving any reason within a period of 14 days. This cooling-off period begins on the day after the consumer or a person previously designated by him and the representative of the entrepreneur designated by him have received the goods.
During the cooling period, the consumer must treat the product and the packaging with care. He only unpacks the product or uses it only to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he must return the product to the entrepreneur with all accessories and - as far as reasonably possible - in the original condition and packaging in accordance with the reasonable and clear instructions of the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must point this out in writing/e-mail. If the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a postal receipt.
If, at the end of the periods 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the goods to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the consumer will bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but no later than 14 days after the revocation. The prerequisite for this is that the product has already been received by the dealer or conclusive proof of the complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The dealer can exclude the consumer from the right of withdrawal for products, as described in subsections 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly explained this in connection with the offer or at least in good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products
that is manufactured by the entrepreneur according to the consumer's specifications;
what is clearly personal in nature;
Due to their nature, they cannot be returned;
that deteriorates or ages quickly;
the price of which depends on fluctuations on the financial market over which the entrepreneur has no influence;
For certain newspapers and magazines;
For audio and video recordings and computer software that the consumer has unsealed.
For hygiene products whose seal has been broken by the consumer.
An exclusion of the right of withdrawal is only possible for services
about accommodation, transport, meals or leisure activities to be carried out on a specific date or for a specific period;
if delivery has started with the express consent of the consumer before the end of the cooling-off period;
on betting and lotteries.
Article 9 – The price
During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Merchant may offer products or services whose prices are subject to fluctuations in the financial market, which are beyond the Merchant's control, at variable prices. This context of fluctuation and the fact that all prices mentioned are guide prices are pointed out in connection with the offer.
Price increases within 3 months after conclusion of the contract are only permissible if they are based on legal provisions or ordinances.
Price increases from 3 months after the conclusion of the contract are only permitted with the consent of the entrepreneur and:
they result from legal regulations or ordinances, or
The consumer has the right to terminate the contract on the day the price increase takes effect.
According to § 5 paragraph 1 of the Value Added Tax Act of 1968, the place of performance is the country in which the transport begins. In this case the delivery takes place outside the EU. The postal or courier company therefore collects the import sales tax and/or customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT.
Printing and typing errors are reserved. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and pricing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability as well as the legal provisions and/or government regulations in force at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal.
A guarantee from the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. The contractor is never responsible for the ultimate suitability of the products for each individual use by the consumer or for any advice of any kind regarding the use or application of the products.
The guarantee does not apply if:
The consumer repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or have been otherwise handled negligently or contrary to the contractor's instructions and/or have been treated on the packaging;
The defects are due, in whole or in part, to the regulations which the Government has established or will establish regarding the type or quality of the materials used.
Article 11 – Delivery and performance
The Company will exercise the greatest possible care in receiving and processing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Without prejudice to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders quickly, but at the latest 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 must be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and to be entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
If delivery of an ordered item proves impossible, the entrepreneur will endeavor to deliver a replacement item. The fact that a replacement item is being delivered must be communicated clearly and comprehensibly at the time of delivery at the latest. The right of withdrawal cannot be excluded for replacement items. The entrepreneur will bear the costs of any return shipment.
The risk of damage and/or loss of the products lies with the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and communicated to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Extended Term Transactions: Duration, Termination and Extension
The consumer has the right at any time to terminate an open-ended contract for the regular supply of goods (including electricity) or services, in compliance with the agreed termination rules and with a maximum notice period of one month.
The consumer can enter into a contract for a fixed period, which includes the regular delivery of products (including electricity) or services, and terminate it at any time at the end of the specified period, subject to the applicable termination rules and with a notice period of no more than one month.
The consumer can terminate the contracts referred to in the previous paragraphs
terminate at any time and not be limited to termination at a specific time or for a specific period;
At least end it the same way he ended it.
Always terminate this with the same notice period that the entrepreneur has set for himself.
A contract concluded for a specific period, which includes the regular supply of goods (including electricity) or services, cannot be tacitly extended or renewed for a specific period.
Irrespective of paragraph 1, a fixed-term contract for the regular delivery of daily newspapers, weekly newspapers or magazines may be automatically extended for a period of a maximum of three months if the consumer has the right to terminate the extended contract at the agreed end of the extension with a Cancel within a maximum period of one month.
A fixed-term contract for the regular supply of goods or services can only be automatically extended for an indefinite period if the consumer has the right to terminate the contract at any time with a notice period not exceeding one month and not exceeding three months if the Contract relates to the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
A fixed-term contract for the regular delivery of daily and weekly newspapers as an introduction to regular delivery of daily and weekly newspapers (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Length of time
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with up to one month's notice, unless it is reasonable and fair to terminate the contract before the end of the agreed period quit.
Article 13 – Payment
If no other date has been agreed, the amounts to be paid by the consumer must be paid no later than 7 working days after the end of the period referred to in Article 6 paragraph 1 reference period. In the case of a contract for the provision of a service, this period begins to run after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately report any inaccuracies in the data or payment details provided to the operator.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to invoice the consumer for all reasonable costs communicated to the consumer in advance.
Article 14 – Complaints
Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur no later than 7 days after the consumer has discovered the defects.
Complaints submitted to the dealer will be responded to within 14 days of receipt. If a complaint is likely to require a longer processing time, the entrepreneur will respond within 14 days with a notification of receipt of the complaint and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved in a mutual negotiation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur declares otherwise in writing.
If a complaint on the part of the entrepreneur proves to be justified, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad. Contact via Stripe = Framehousefilm@gmail.com