General Terms and Conditions - Sustainable Packaging Webshop B.V.
Table of contents:
Article 1 - Definitions Article 2 - Identity of Sustainable Packaging Webshop BV Article 3 - Applicability Article 4 - The offer Article 5 - The agreement Article 6 - Right of withdrawal Article 7 - Obligations of the Customer during the reflection period Article 8 - Exercise of the right of withdrawal by the customer and its costs Article 9 - Obligations of Sustainable Packaging Webshop BV upon withdrawal Article 10 - Exclusion of the right of withdrawal Article 11 - The price Article 12 - Fulfilment and additional warranty Article 13 - Delivery and fulfilment Article 14 - Continuing performance transactions: duration, cancellation and extension Article 15 - Payment Article 16 - Complaints handling Article 17 - Disputes Article 18 - Additional or deviating provisions Article 19 - Final provision
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Additional agreement: an agreement whereby the Customer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by Sustainable Packaging Webshop BV or by a third party on the basis of an agreement between that third party and Sustainable Packaging Webshop BV;
Reflection period: the period within which the Customer can exercise the right of withdrawal;
Customer: the purchaser of the products from the webshop of www.pack-store.nl;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the Customer or Sustainable Packaging Webshop BV to store information that is personally addressed to them in a way that makes possible future consultation or use for a period that is tailored to the purpose for which the information is intended and that allows unaltered reproduction of the stored information;
Right of withdrawal: the Customer's ability to withdraw from the distance agreement within the reflection period;
Distance agreement: an agreement concluded between Sustainable Packaging Webshop BV and the Customer within the framework of an organised system for remote sales of products, digital content and/or services, whereby one or more techniques for remote communication are used exclusively or in part until the conclusion of the agreement;
Withdrawal form: the European withdrawal form included in Annex I to these terms and conditions;
Technology for remote communication: means that can be used to conclude an agreement without the Customer and Sustainable Packaging Webshop BV having to meet in the same room at the same time.
Article 2 - Identity of Sustainable Packaging Webshop BV
Sustainable Packaging Webshop BV trading under the names www.pack-store.nl
Location & visiting address (by appointment only): Sustainable Packaging Webshop BV Landweerstraat Zuid 158 5349 AK Oss The Netherlands
Telephone number: +31 (0) 412 69 63 76 (Monday to Friday from 09:00 to 17:00) E-mail address: [email protected] Coc number: 75064545 VAT identification number: NL860127424B01
Article 3 - Applicability
These general terms and conditions apply to every offer by Sustainable Packaging Webshop BV and to every finalised distance agreement between Sustainable Packaging Webshop BV and the Customer.
Before a distance agreement is concluded, the text of these general terms and conditions will be made available to the Customer. If this is not reasonably possible, Sustainable Packaging Webshop BV will indicate, before the distance agreement is concluded, how the general terms and conditions for Sustainable Packaging Webshop BV can be reviewed and that they will be posted to the Customer free of charge as soon as possible at the Customer's request.
If the distance agreement is concluded electronically, then, in derogation of the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may also be provided to the Customer electronically in such a way that the Customer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance agreement is concluded, how the general terms and conditions can be inspected electronically and that they will be sent free of charge at the Customer's request, electronically or in another manner.
In the event that aside from these general terms and conditions, specific product and service conditions also apply, the second and third paragraphs apply correspondingly, and in case of conflict with the general terms and conditions, the Customer can always rely on the relevant provision that is most favourable for the Customer.
Article 4 - The offer
If an offer is valid for a limited period or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a full and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to make it possible for the Customer to make a good assessment of the offer. If Sustainable Packaging Webshop BV uses images, they are a faithful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind Sustainable Packaging Webshop BV.
All offers contain such information that it is clear to the Customer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
Subject to the provisions in paragraph 4, the agreement will be concluded at the moment the Customer accepts the offer and meets the conditions set for it.
If the Customer has accepted the offer via electronic means, Sustainable Packaging Webshop BV shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of this acceptance is not confirmed by Sustainable Packaging Webshop BV, the Customer may dissolve the agreement.
If the agreement is concluded electronically, Sustainable Packaging BV will take appropriate technical and organisational security measures for the electronic data transfer and to ensure a safe web environment. If the Customer can pay electronically, Sustainable Packaging Webshop BV shall adopt appropriate security measures to this end.
Sustainable Packaging Webshop BV may, within the limits of the law, make inquiries about the consumer’s ability to fulfil the payment obligations, as well as all those facts and factors relevant to responsibly enter into the distance agreement. If on the grounds of this investigation, Sustainable Packaging Webshop BV has sound reasons not to enter into the agreement, then Sustainable Packaging Webshop BV is entitled to refuse an order or request, supported by reasons, or to attach special terms and conditions to the fulfilment of an agreement.
Sustainable Packaging Webshop BV will send the Customer the following information at the latest upon delivery of the product, service or digital content, in writing or in such a way that the Customer can store it in an accessible manner on a durable data carrier: - the visiting address of the location of Sustainable Packaging Webshop BV where the Customer can lodge complaints; - the conditions under which and the manner in which the Customer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; - the information about warranties and existing service after purchase; - the price including all taxes of the product, service or digital content; if applicable, the costs of delivery; and the method of payment, delivery or execution of the distance agreement; - the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration; - if the Customer has a right of withdrawal, the model form for withdrawal.
In case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
The Customer can dissolve an agreement for the purchase of a product without stating reasons during a reflection period of 14 days. Sustainable Packaging Webshop BV may ask the Customer for the reason for withdrawal but may not oblige them to state their reason(s).
The reflection period referred to in paragraph 1 commences on the day after the Customer, or a third party designated in advance by the Customer, other than the carrier, has received the product, or: 1. if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by them, has received the last product. Sustainable Packaging Webshop BV may refuse to place an order for several products with different delivery times, provided it has clearly informed the Customer of this prior to the ordering process. - if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by them, has received the last shipment or the last part; - in the case of agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by them, has received the first product.
Article 7 - Obligations of the Customer during the reflection period
During the reflection period, the Customer shall handle the product and the packaging with care. The product should only be unpacked if this is necessary to assess whether or not the Customer wishes to keep the product.
The Customer is expressly prohibited from returning products which, upon receipt of the returned shipment, prove to have the blue plastic packaging in the box opened. All packaging from Sustainable Packaging Webshop BV is produced under strict food safety standards. A box with packaging, of which the blue plastic outer packaging has been opened, is therefore an unsaleable item for Sustainable Packaging Webshop BV.
The Customer is only liable for the decrease in value of the product that is caused by the way of handling the product that went further than as allowed in paragraph 1.
The Customer is not liable for the decrease in value of the product if Sustainable Packaging Webshop BV has not provided the Customer with all legally required information about the right of withdrawal before or upon concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the Customer and the costs thereof
If the Customer makes use of their right of withdrawal, the Customer shall notify Sustainable Packaging Webshop BV within the reflection period by means of the model form for withdrawal or in another unambiguous manner.
As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the Customer shall return the product to Sustainable Packaging Webshop BV.
The Customer returns the product with all delivered accessories, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Sustainable Packaging Webshop BV.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Customer.
The Customer shall bear the direct costs of returning the product. If Sustainable Packaging Webshop BV declares to bear the costs itself, the Customer does not have to bear the costs for return.
The Customer is not entitled to reimbursement of the additional costs charged for payment via certain payment methods, such as the additional costs for a Credit Card payment.
If the Customer makes use of the right of withdrawal, all additional agreements will be dissolved automatically.
Article 9 - Obligations of Sustainable Packaging Webshop BV upon withdrawal
If Sustainable Packaging Webshop BV makes the notification of withdrawal by the Customer possible electronically, it will send a confirmation of receipt immediately after receipt of this notification.
Sustainable Packaging Webshop BV will reimburse all payments made by the Customer, excluding any delivery costs charged by Sustainable Packaging Webshop BV for the returned product, without delay but within 14 days following the day on which the Customer notifies Sustainable Packaging Webshop BV of the withdrawal.
Sustainable Packaging Webshop BV uses the same means of payment for refund as used by the Customer.
If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Sustainable Packaging Webshop BV does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
Sustainable Packaging Webshop BV may exclude the following products and services from the right of withdrawal, but only if Sustainable Packaging Webshop BV has stated this clearly in the offer, or at least in a timely manner before concluding the contract:
Products or services whose price is subject to fluctuations in the financial market beyond the entrepreneur's control that may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if: 1. implementation has commenced with the express prior consent of the consumer; and 2. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully implemented the contract;
Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products with limited shelf life;
Sealed products which, for reasons of health protection or hygiene (food safety), are not fit for return and whose seal (plastic packaging in the box) has been broken after delivery;
Products that, due to their nature, are irrevocably mixed with other products after delivery.
Article 11 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes resulting from changes in VAT rates.
The prices stated in the offer for products are exclusive of VAT.
For each item in our webshops, the prices are displayed as a price ‘p/unit’ (per unit) and a price ‘p/piece’ (per piece). The price per unit is the guiding and applicable price and concerns the price per box (unit), which is also our minimum purchase quantity. The price per piece is only an indicative representation of the piece price and may be subject to rounding differences. No rights can therefore be derived from the display of the price 'p/piece’.
Article 12 – Fulfilment of the agreement and extra warranty
Sustainable Packaging Webshop BV warrants that the products and/or services comply with the agreement, with the specifications listed in the offer, with reasonable requirements of soundness and/or usability and with the existing statutory provisions and/or government regulations on the day the agreement was concluded. If agreed, Sustainable Packaging Webshop BV also warrants that the product is suitable for use other than normal use.
An additional warranty provided by Sustainable Packaging Webshop BV, its supplier, manufacturer or importer never limits the legal rights and claims that the Customer can assert under the agreement with Sustainable Packaging Webshop BV if Sustainable Packaging Webshop BV has failed to fulfil its part of the agreement.
‘Extra warranty’ is taken to mean each obligation of Sustainable Packaging Webshop BV, its supplier, importer or manufacturer in which it assigns certain rights or claims to the Customer that go further than legally required in case it fails in the fulfilment of its part of the agreement.
Article 13 - Delivery and fulfilment
Sustainable Packaging Webshop BV shall exercise the greatest possible care when receiving orders and executing product orders and when assessing requests for the provision of services.
The address that the Customer has provided to Sustainable Packaging Webshop BV applies as the place of delivery.
Sustainable Packaging Webshop BV uses the following delivery time: Ordered before 13:00 on working days, shipped the same day. This rule is valid on the standard assortment in the webshop. Of course, we do our best to always follow this rule. Unfortunately, there are factors that may delay a delivery and over which we have no influence. Should the order be delivered later, you will be informed of this as soon as possible.
Products listed in the category ''Outlet'' may have a delivery time of 2-3 working days.
With due observance of the stipulations in Article 4 of these General Terms and Conditions, Sustainable Packaging Webshop BV shall fill accepted orders with due speed but at least within 30 days, unless another delivery period has been agreed on. If the delivery is delayed, or if an order cannot be filled or can only be partially filled, the Customer shall be informed about this no later than 30 days after having placed the order. In such cases, the Customer is entitled to dissolve the agreement free of charge and with the right to possible damage compensation.
After dissolution in accordance with the previous paragraph, Sustainable Packaging Webshop BV will refund the amount that the Customer has paid without delay.
The risk of loss and/or damage to products will be borne by Sustainable Packaging Webshop BV until the time of delivery to the Customer or a representative appointed in advance and made known to Sustainable Packaging Webshop BV, unless explicitly agreed otherwise.
Sustainable Packaging Webshop BV uses the carrier services of PostNL and DPD for sending packages. You may indicate your preference for one of these carriers during checkout. Sustainable Packaging Webshop BV reserves the right to deviate from your preferred choice without consultation. Under no circumstances will Sustainable Packaging Webshop BV pass on additional costs for this afterwards.
Article 14 - Continuing performance transactions: duration, cancellation and extension
The Customer may always cancel an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products or services at any time with consideration of the cancellation rules agreed for this purpose and a notice period of no longer than one month.
The Customer may always cancel an agreement that has been entered into for a definite period of time and that extends to the regular delivery of products or services, at the end of the definite period with consideration of the cancellation rules agreed for this purpose and a notice period of not more than one month.
The Customer may always cancel the agreements mentioned in the previous paragraphs at any time and not be limited to cancellation at a certain time or in a certain period.
An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period of time if the Customer may always cancel with a notice period of no longer than one month. The notice period is no longer than three months in the event of the agreement providing for the regular delivery, less often than once a month, of daily, news and weekly newspapers and magazines.
If the duration of an agreement is more than one year, the Customer may always cancel the agreement after one year with a notice of no longer than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
Article 15 - Payment
The amounts owed by the Customer can only be paid via the electronic payment methods offered on www.pack-store.nl. The option of cash payment is always excluded. Sustainable Packaging Webshop BV reserves the right to charge the Customer extra costs for certain payment methods.
The Customer has the duty to inform Sustainable Packaging Webshop BV promptly of inaccuracies in the payment details that are given or specified.
Article 16 - Complaints
Sustainable Packaging Webshop BV shall have a sufficiently published complaints procedure in place and shall handle the complaint in accordance with this complaints procedure.
Complaints about the fulfilment of the agreement must be submitted to Sustainable Packaging Webshop BV with a full and clear description within a reasonable time after the Customer has noted the defects.
The complaints submitted to Sustainable Packaging Webshop BV shall receive a reply within a period of 14 days after the date of receipt. Should a complaint require a longer period to resolve, Sustainable Packaging Webshop BV shall respond within the term of 14 days with a notice of receipt and with a time indication within which the Customer can expect a more detailed reply.
If the complaint cannot be resolved in joint consultation within a reasonable time or within 3 months after submission of the complaint, there will be a dispute that is open to the dispute rules.
Article 17 - Disputes
Agreements between Sustainable Packaging Webshop BV and the Customer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 - Additional or deviating provisions
Additional provisions to and/or provisions deviating from these general terms and conditions may not be to the Customer’s detriment and must be put in writing or recorded in such a way that the Customer can store them in an accessible manner on a durable data carrier.
Article 19 - Final provision
Sustainable Packaging Webshop BV may make changes to its terms and conditions. The applicable terms and conditions may be requested via [email protected] and are available via Pack-Store.nl.
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