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Terms & Conditions ENG
Terms and Conditions
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 – Definitions
In these conditions:
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
- Right of withdrawal: the possibility for the consumer to renounce the distance agreement within the cooling-off period;
- Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in if he wishes to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
- Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
ID & T Merchandise B.V.
Overhoeksplein 31, 1031 KS Amsterdam
Chamber of Commerce number: 53929365
VAT identification number: NL851077547B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is realized 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 agreement is concluded that the general conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the the consumer can be stored on a durable data carrier in a simple way. 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 at the request of the consumer by electronic means or otherwise. .
- In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is applicable to him. most favorable.
- If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation concerned will be replaced by a stipulation that the scope of the original approached as much as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained 'in the spirit' of these general conditions.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
- Images for products are a true reflection of the products offered. Entrepreneur can not guarantee that the colors displayed exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipping;
- the manner in which the agreement will be concluded and which actions are necessary for this;
- whether or not to apply the right of withdrawal;
- 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 level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the agreement is archived after the conclusion and, if so, how this can be consulted for the consumer;
- the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the agreement and repair them if necessary;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of an extended transaction.
Article 5 - The contract
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure secure web compilation. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible start of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
- With the product or service the entrepreneur will send 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 medium:
- the visiting address of the business location of the trader where the consumer can go with complaints;
- 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;
- the information about guarantees and existing service after purchase;
- the information included 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 indefinite.
- In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the possibility to dissolve the agreement without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is 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 accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to make use of 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 make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must indicate that the delivered goods have been returned on time, for example by means of proof of shipping.
- If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the terms mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the webshop or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly authorizes another payment method.
- In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
- The consumer can not be held liable for the depreciation of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur this clearly in the offer, at least in time for the conclusion of the agreement, stated .
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the specifications of the consumer;
- that are clearly personal in nature;
- which can not be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
- the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
- regarding betting and lotteries.
Article 9 - The price
- During the period mentioned 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.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or stipulations; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Guarantee
- The entrepreneur warrants 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 on the date of the conclusion of the agreement. existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The warranty period of the entrepreneur corresponds with the manufacturer's guarantee period. The entrepreneur is 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 guarantee does not apply if:
- The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
- The delivered products are exposed to abnormal conditions or are otherwise handled without care or are contrary to the instructions of the entrepreneur and / or on the packaging;
- The inadequacy in whole or in part is the result of regulations that the government has or will make regarding the nature or the quality of the materials used.
Article 11 - Delivery and execution
- The trader will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
- All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. 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 that the consumer has paid as soon as possible but no later than 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
- The risk of damage and / or loss of products rests with the trader up to the moment of delivery to the consumer or a representative appointed in advance and made known to the trader, unless otherwise expressly agreed.
Article 12 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6 paragraph 1. In the event of an agreement to provide a service, this will period after the consumer has received confirmation of the agreement.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 13 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, 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 contractor will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute regulation.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
- If a complaint is found to be well-founded by the trader, the trader will replace or repair the product at its choice or the delivered products free of charge.
Article 14 – Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives in the outside country.
- The Vienna Sales Convention does not apply.
Article 15 - Additional or deviating provisions
Additional or different provisions of these 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 medium.
Terms & Conditions promotional games
With these terms and conditions, ID&T wishes to explain how it handles all contests and other promotional games of chance. If you have any questions regarding these terms and conditions, please contact us at [email protected]
The following definitions are used in these contest terms and conditions:
ID&T or Provider: the private company with limited liability ID&T Festival Holding B.V., Isolatorweg 36 (1014 AS) in Amsterdam. ID&T is the data controller for the Processing of your Personal Data. Processing for the benefit of ID&T Festival Holding B.V. and companies affiliated to these enterprises also falls under ID&T.
Communication costs: the costs that are made to secure the direct connection between you and ID&T concerning the participation of the contest or Promotional game of chance.
Minors: natural persons who have not yet reached the age of 18 years.
Promotion: every form of increasing, directly or indirectly, the brand awareness or the amount of sales of ID&T or its partners.
Promotional game of chance: giving you, on behalf of Promotion, the opportunity to win prizes. The winner(s) will be chosen by any form of chance on which you as participant cannot exert a predominant influence.
Draw: the selection of the prize winner(s) at a certain moment.
Personal data: all the data that ID&T can use to directly or indirectly track or distinct you. Examples are a name, e-mail address or an IP-address.
Privacy and cookie statement: the privacy and cookie statement of ID&T, which can be found at https://www.id-t.com/privacy-policy
These contest terms and conditions apply to every form of Promotion for a Promotional game of chance or ID&T contest. Besides these terms and conditions, ID&T can always apply other terms and conditions for any specific contest or Promotional Game of Chance. You automatically agree to these terms and conditions upon participation.
The Promotional game of chance 2014 Code of Conduct applies to all Promotional games of chance. ID&T declares to act in accordance with this code of conduct.
Each Promotional game of chance by ID&T contains the following information:
- The prize, including the (estimated) value of it;
- The Promotion’s purpose;
- The period in which participation is possible;
- How to participate;
- Possible Communication costs for participation. These Communication costs will never exceed 0,45 euro per participation.;
- A reference to these contest terms and conditions. There will also be referred to other specific terms and conditions when relevant.
ID&T has the right to edit or cancel the Promotional game of chance or contest (for example due to force majeur) without the obligation to compensate you. ID&T is also not responsible (with the exception of intention or gross negligence) for any technical failures, spelling errors, misprints or any other comparable mistakes that are related to a certain Promotional game of chance or contest.
These terms and conditions are governed by Dutch law. Any disputes regarding these terms and conditions will be submitted to the court that has jurisdiction under Dutch law. If certain terms and conditions are nullified due to it being in conflict with a legal regulation and/or a court order, other terms and conditions won’t be affected.
3. PARTICIPATION CONDITIONS
Participation is only possible for natural persons aged 18 years and over. Excluded from participation are Minors, unnatural persons (i.e., business entities or non-governmental organizations), ID&T employees and others that are (in)directly involved with the contest or the Promotional game of chance’s organization.
ID&T may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process. For example, when a participant enters the Promotional game of chance or contest more than once, even though the terms and conditions state that doing so is prohibited.
4. DRAW, NOTIFICATION OF WINNERS AND PRIZES
A winner will be chosen from a random draw of entries received in accordance with these terms and conditions. The prize will also be randomly rewarded to the winner. When a Promotional game of chance or contest result is linked to a judicious selection, all submissions will be subjected to an independent jury that will select a winner. The outcome of it is final.
After the results have been revealed, the winner(s) will be notified as soon as possible. The winner acknowledges and agrees to the possible use of his/her name on the contest page, the ID&T social media channels, ID&T website and that he/she must cooperate with any possible promotional activities linked to the Promotional game of chance or contest. For example, the recording of the winner receiving the prize or how he/she makes use of it.
No prize is transferable or exchangeable, nor can it be redeemed for cash. Non-cash prizes are made available in the state that they are in at that certain moment. ID&T is not responsible for any possible (hidden) defects, damage by transport or any other damage that is related to winning or the use of the prize. Unless stated otherwise, all gambling taxes or other taxes (such as VAT) are for the account of ID&T. If the prize contains products related to ID&T that the winner already purchased at an earlier stage (for example tickets for an event), the price paid for these products will be refunded to the winner free of charge.
Participation includes providing ID&T your personal data. By participating, you acknowledge and agree with ID&T’ Privacy and cookie statement. Click here to read how ID&T handles and uses your data. If you have any questions regarding the Privacy and cookie statement, please contact [email protected]
6. INTELLECTUAL PROPERTY
If you’re asked to submit any material (for instance a photo, video or text) in order to participate in a Promotional game of chance or contest, you state that:
- You are authorized to submit these materials due to you being the rightful claimant or the legal representative for all submitted material
- You renounce all intellectual property rights (for example copyright and portrait right) of the submitted material. If this transfer is not legally valid, then you are obliged to grant the necessary permission and/or to sign a transfer in which the aforementioned rights are transferred to ID&T when ID&T requests you to do so.
In the case of intellectual property rights or any related personality rights being a part of the Promotional game of chance or contest (for instance with the recording of you receiving the prize), you state that:
- You give your unconditional permission for the aforementioned recordings and the processing, publication and exploitation, all in the broadest sense of the word, without ID&T owing you any compensation.
- All copyright, portrait right or other rights are transferred without limitations to ID&T. You also hereby irrevocably distance yourself from your personality rights. If this transfer is not legally valid, then you are obliged to grant the necessary permission and/or to sign a transfer in which the aforementioned rights are transferred to ID&T when ID&T requests you to do so.
All possible complaints concerning the Promotional game of chance or contest can be e-mailed to [email protected] ID&T will always take the complaint into consideration and will contact you about how the complaint is going to be handled. If you believe that the complaint has not been handled to your satisfaction, then you have the right to file a complaint with the Gaming Authority.
It may be that ID&T decides in the future to (unilaterally) change these contest terms and conditions. ID&T therefore recommends that you regularly check these terms and conditions to see if there have been any changes. If there are any major changes, ID&T will inform you about this in advance by publishing the amended contest terms and conditions. The latest applicable version of these terms and conditions can always be consulted on the relevant ID&T websites or apps.