General Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, termination, and extension
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 is understood:

Withdrawal period: the period during which the consumer can exercise his right of withdrawal; Read all about the withdrawal period
Consumer: the natural person who does not act in the exercise of his profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the withdrawal form that the entrepreneur makes available for the consumer to fill in when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract whereby, within the framework of an organized system for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for remote communication are used;
Technique for remote communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Texturize
Johan Buziastraat 57
6708NR Wageningen
The Netherlands

Email: info@texturize.nl
Chamber of Commerce: 71863613

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means 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 consulted electronically and that they will be sent to the consumer free of charge by electronic means or in another way upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced in mutual consultation as soon as possible by a provision that comes as close as possible to the original.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained '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 is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these 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 give rise to compensation or termination of the agreement.
Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains information in such a way that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns, in particular:
- the price, including taxes;
- any shipping costs;
- how the agreement will be concluded and what actions are required for that;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the agreement will be archived after its conclusion, and if so, how it will be accessible to the consumer;
- how the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, correct it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a lasting transaction.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the data referred to in Article 4, paragraph 3 of these 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 the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a lasting transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Each agreement is entered into under the suspensive condition that the specifications provided by the consumer meet the requirements as stated on the product page.

Article 6 - Right of withdrawal

For the delivery of products:

Products purchased through this online store are custom-made according to the specifications you provided. Therefore, the right of withdrawal does not apply. The sale is considered final after successful payment.
When purchasing standard products, the consumer has the option to terminate the agreement without stating reasons within 14 days. This cooling-off period begins on the day after the consumer receives the product or a previously designated representative, as communicated to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all accessories provided and, if reasonably possible, in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must make this notification using the model form or through another means such as email. After notifying the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by providing a proof of shipment.
If the consumer has not indicated the intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods specified in paragraphs 3 and 4, the purchase is considered final.

For the delivery of services:

For the delivery of services, the consumer has the option to terminate the agreement without stating reasons for at least 14 days, starting from the day the agreement is entered into.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the offer stage or, at the latest, upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the maximum cost of return shipping shall 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. The condition is that the product has already been received by the online retailer or conclusive proof of complete return shipment can be provided. Refund will be made using the same payment method chosen by the consumer unless the consumer expressly agrees to another payment method.
In case of damage to the product due to careless handling by the consumer, the consumer is liable for any resulting depreciation of the product's value.
The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement. This must be done before the purchase agreement is concluded.
For services, payment is made based on the work completed at the time of termination. The consumer reimburses the entrepreneur for the costs incurred until then.

Article 8 - Exclusion of 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 applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
1. that are made to the consumer's specifications by the entrepreneur;
2. that are clearly of a personal nature;
3. that cannot be returned due to their nature;
4. that can spoil or age quickly;
5. whose price is tied to fluctuations in the financial market that the entrepreneur has no control over;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software where the consumer has broken the seal;
8. for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specified period;
2. whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
3. related to bets and lotteries.

Article 9 - The Price

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.
In deviation from the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market that the entrepreneur cannot influence at variable prices. These fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to terminate the agreement from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. The entrepreneur is not obliged to deliver the product at the incorrect price in case of printing and typesetting errors.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, 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 that the consumer can assert against the entrepreneur based on the agreement.
On all products, the legal warranty applies. The duration of the legal warranty varies per product and is specified with the product.
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 factory warranty period. The entrepreneur is, however, never responsible for the ultimate suitability of the products for each 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 are otherwise handled negligently or in violation of the instructions of the entrepreneur and/or the packaging.
The defect is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The address provided by the consumer to the company is considered the place of delivery.
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 90 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed, or only partially, the consumer will be notified of this no later than 90 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any specified terms. Exceeding a term does not entitle the consumer to compensation.
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 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly communicated upon delivery that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a designated and previously announced representative of the entrepreneur unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement entered into for an indefinite period and which aims to regularly deliver products (including electricity) or services at any time, taking into account agreed termination rules and a notice period of up to one month.
The consumer can terminate an agreement entered into for a definite period and which aims to regularly deliver products (including electricity) or services at any time at the end of the agreed duration, following agreed termination rules and a notice period of up to one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
1. At any time without being limited to termination at a specific time or during a specific period.
2. Terminate at least in the same manner as they were entered into.
3. Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a definite period and which aims to regularly deliver products (including electricity) or services may not be extended or renewed tacitly for a specified duration.
Contrary to the previous paragraph, an agreement entered into for a definite period and which aims to regularly deliver day, news, and weekly newspapers and magazines may be tacitly extended for a specified duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.
An agreement entered into for a definite period and which aims to regularly deliver products or services may only be tacitly extended for an indefinite duration if the consumer can terminate at any time with a notice period of up to one month and a notice period of up to three months in case the agreement aims to deliver day, news, and weekly newspapers and magazines regularly but less than once a month.
An agreement with a limited duration for regularly delivering day, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to dispute resolution.
In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/l.... If a solution is still not reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee incurs costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates 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

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions 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 the consumer can store them in an accessible manner on a durable data carrier.

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