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General 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 - Term transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or differing provisions


ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content 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;

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an agreement with the entrepreneur;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Term transaction: an agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;

Durable data carrier: any (auxiliary) means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information, including email.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model form: the withdrawal form made available by the entrepreneur to the consumer, which the consumer can complete if they wish to exercise their right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services remotely to consumers;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication with the consumer are used;

Technique for distance communication: means that can be used for concluding a distance contract, without the consumer and entrepreneur being simultaneously in the same room;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Entrepreneur's name

Business address:

Email address: info@faithpage.nl

Chamber of Commerce number:

VAT identification number:

ARTICLE 3 - APPLICABILITY

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises, how they can be inspected, and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph, 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favorable applicable provision in case of conflicting general terms and conditions.
  5. In the event that one or more provisions in these general terms and conditions are at any time wholly or partially nullified or declared void, these general terms and conditions will remain in force for the remainder, and the relevant nullified or voided provision will be immediately replaced in mutual consultation by a provision that approximates the meaning of the original as closely as possible.
  6. Situations not covered by these general terms and conditions should be assessed in accordance with these general terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in accordance with these general terms and conditions.

ARTICLE 4 - THE OFFER

  1. If an offer has a limited validity period or is made under conditions with a suspensive or resolutive effect, or any other condition, this will be explicitly stated in the offer.
  2. The entrepreneur's offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The entrepreneur's offer contains a description of the products and/or services offered, which is at all times complete and accurate. The offer includes a sufficiently detailed description to enable a proper assessment of the offer by the consumer. Should the entrepreneur use any images that imply that these images depict the offered product, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  4. Images accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
  5. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:

in particular:

  • the price including taxes;
  • any shipping costs;
  • how the agreement will be concluded and what actions are required for this;
  • whether or not the rate for distance communication applies if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication method used;
  • whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
  • the minimum duration of the distance contract in the case of a term transaction.
  • application of the right of withdrawal;
  • the method of payment, delivery and execution of the agreement;

ARTICLE 5 - THE AGREEMENT

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions thereby stipulated.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service or digital content:
  6. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
  7. 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;
  8. information about guarantees and existing after-sales service;
  9. the price, including taxes, of the product, service or digital content;
  10. the delivery costs, if applicable;
  11. the method of payment, delivery or execution of the distance contract;
  12. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period;
  13. in case the consumer has a right of withdrawal, the model withdrawal form.
  14. In the case of a term transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days.
  1. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.

  2. The intermediary's warranty period is the same as the manufacturer's warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.

    In case of a warranty claim, the Intermediary will arrange for replacement or repair at its discretion. In case of replacement, the buyer is obliged to return the replaced item to the Intermediary.

    The warranty does not apply if:

    - the buyer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;

    - the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the intermediary and/or on the packaging;

    - the defect is wholly or partially the result of regulations that the government has issued or will issue regarding the type or quality of the materials used;

    - Hygiene products cannot be returned and refunded, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned and refunded (the list is not exhaustive): underwear, bikini, makeup, hair styling products, beauty products, etc.

If:

  1. the consumer has ordered several products in the same order, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
  2. the delivery of a product consists of several shipments or parts, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  3. the agreement is for the regular delivery of products over a certain period, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the first product.

 

For services and digital content not supplied on a tangible medium:

  1. In the event that a service agreement or an agreement for the supply of digital content has not been delivered on a tangible medium, the consumer may dissolve the agreement without stating reasons for a period of fourteen days. This fourteen-day period starts on the day following the conclusion of the agreement.

 

Extended reflection period for products, services and digital content not supplied on a tangible medium if no information about the right of withdrawal is provided:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the preceding paragraphs of this article.
  1. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
  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 assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  1. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must do this using the model form. After the consumer has made known his wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.

 

ARTICLE 7 – COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

  1. If the consumer exercises his right of withdrawal, the maximum cost of return shipping will be borne by him.
  2. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, in the same manner as used by the consumer. This requires receipt by the web store or conclusive proof of complete return.
  3. Any depreciation of the product caused by careless handling will be borne by the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This must be done before the conclusion of the purchase agreement.

 

 

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement, and it concerns one of the products listed in paragraphs 2 and 3.
  2. Exclusion is only possible for the following products:
  3. those created by the entrepreneur according to consumer specifications;
  4. those that are clearly personal in nature;
  5. those that can spoil or age quickly;
  6. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  7. for loose newspapers and magazines;
  8. for audio and video recordings and computer software of which the consumer has broken the seal;
  9. for hygiene products of which the consumer has broken the seal. Hygiene products cannot be returned or refunded, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned or refunded (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
  10. Exclusion is only possible for the following services:
  11. concerning accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
  12. the performance of which began with the express consent of the consumer before the reflection period expired;
  13. concerning betting and lotteries

 

ARTICLE 9 - PRICE

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  1. 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, with variable prices. This susceptibility to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
  1. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  1. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  1. these are the result of legal regulations or provisions; or
  2. the consumer has the right to terminate the agreement on the day the price increase takes effect.

 

  1. The prices mentioned in the offer of products or services include VAT.
  1. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

  2. Special, additional customs clearance costs and/or import duties are not included in the price and are for the account of the customer.

 

ARTICLE 10 – WARRANTY AND CONFORMITY

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  1. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. This includes any commitment by 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.
  1. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
  1. The warranty does not apply if:
  2. The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
  3. The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
  4. The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
  5. Hygiene products cannot be returned or refunded, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned or refunded (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.

 

ARTICLE 11 - DELIVERY AND EXECUTION

  1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
  1. The place of delivery is the address that the consumer has made known to the company.
  1. Subject to what is stated in paragraph 4 of this article, the company 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 executed partially, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer has no right to compensation.
  1. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  1. In case of dissolution in accordance with 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 dissolution.
  1. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the entrepreneur.
  1. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known to the entrepreneur representative, unless explicitly agreed otherwise.

 

ARTICLE 12 - CONTINUOUS TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION

Cancellation

  1. The consumer can cancel an agreement entered into for an indefinite period and which aims at the regular delivery of products (including electricity) or services, at any time, observing the agreed cancellation rules and a notice period of at most one month.
  1. The consumer can cancel an agreement entered into for a definite period and which aims at the regular delivery of products (including electricity) or services, at any time against the end of the definite period, observing the agreed cancellation rules and a notice period of at most one month.
  1. The consumer can cancel the agreements mentioned in the previous paragraphs:
    1. at any time and not be limited to cancellation at a specific time or in a specific period;
    2. at least in the same way as they were entered into by him;
    3. always with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. An agreement entered into for a definite period and which aims at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
  1. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which aims at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of at most one month.
  1. An agreement entered into for a definite period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of at most three months in case the agreement aims at the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  1. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

 

ARTICLE 13 - PAYMENT

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
  1. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  1. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.
  1. The consumer can make payments using the following payment methods: iDeal, Bancontact, Klarna, KBC/CBC, Belfius Direct Net, and Credit Card (AMEX, Mastercard, Maestro, and Visa).

ARTICLE 14 - COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  1. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described, within a reasonable time after the consumer has discovered the defects.
  1. 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 the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  1. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 15 - DISPUTES

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS

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

MODEL WITHDRAWAL FORM

Only fill in and return this form if you wish to withdraw from the agreement

— To:

Company name

Address

Postal code

Email

Phone number

— I/We (*) hereby inform you that I/we (*) withdraw from our agreement regarding the sale of the following goods/provision of the following service (*):

— Ordered on (DD-MM-YYYY):​​​

— Order number:

— Received on (DD-MM-YYYY):

— Name/Names of consumer(s):

— Address of consumer(s):

— IBAN Account number:

— Signature of consumer(s) (only when this form is submitted on paper):

— Date (DD-MM-YYYY):

(*) Delete what is not applicable.

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