Terms and Conditions
Article 1 - Definitions
In these conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person, not acting in the exercise of a profession or business, who 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 a certain period of time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, only one or more techniques of distance communication are used until the conclusion of the contract;
Distance communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur 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
MTM Ecommerce International B.V.
info@paintbyyou.com
Edisonweg 3A
3404 LA Ijsselstein
Netherlands
Trade register: 80354688
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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 inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding 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 electronically in such a way that it can be easily stored by the consumer on a durable medium. 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 electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to him.
If one or more provisions of these general terms and conditions should at any time be wholly or partially invalid or void, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced by mutual agreement by a provision that comes as close as possible to the meaning of the original provision.
Situations that are not covered by these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguity about the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
Article 4 - The offer
If an offer has a limited period of validity or is 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 products and/or services offered. The description is sufficiently detailed to enable the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
The images accompanying the products are a true representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to
the price, excluding customs clearance fees and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to imports. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (together with customs clearance fees where applicable) from the recipient of the goods;
any shipping costs;
the way in which the agreement is concluded and what measures are required for this;
whether or not the right of withdrawal applies
the method of payment, delivery and performance of the contract
the period for accepting the offer or the period within which the trader guarantees the price
the amount of the rate for distance communication if the costs for the use of the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after its conclusion and, if so, how the consumer can access it
the way in which the consumer can check and, if desired, correct the data provided by him under the contract before concluding it;
any other languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a fixed-term contract.
Optional: available sizes, colors, types of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer by electronic means, the entrepreneur must immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The entrepreneur can - within the legal framework - obtain information about whether the consumer can meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this assessment, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to attach special conditions to its execution, stating reasons.
The entrepreneur will provide the consumer with 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 medium:
the visiting address of the trader's establishment to which the consumer can address his complaints;
the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
the information on guarantees and the existing after-sales service;
the data referred to in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the conclusion of the contract;
the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a continuing performance agreement, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off 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 delivered accessories and - if possible - in its 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 must inform the entrepreneur within 14 days of receipt of the product. The consumer must do this in the form of a written notification/email. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g. by means of proof of dispatch.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not expressed his wish to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the goods shall be borne by the consumer.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition for this is that the product has already been received by the trader or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products
which the trader manufactures according to the consumer's specifications;
which are clearly personal in nature;
which by their nature cannot be returned;
which can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
for accommodation, transportation, restaurant visits or leisure activities to be carried out on a specific date or during a specific period;
the supply of which has begun with the express consent of the consumer before the end of the cooling-off period;
For betting and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered 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 over which the entrepreneur has no influence, with variable prices. This connection with the fluctuations and the fact that the prices quoted are target prices must be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed them and they result from statutory provisions or regulations; or the consumer has the right to terminate the contract from the day on which the price increase takes effect.
Section 5(1) of the Turnover Tax Act 1968 provides that the place of supply is the country in which the transportation begins. In this case, the delivery takes place outside the EU. The postal or courier service then collects import VAT or handling charges from the customer. Consequently, no VAT will be charged by the entrepreneur.
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 at the wrong price.
Article 10 - Conformity and warranty
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 applicable at the time of the conclusion of the agreement. 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 on the basis of the contract.
Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, 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 modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly the result of regulations that have been or will be issued by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions in article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement delivery. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
If the consumer rejects the ordered product upon delivery or has not collected it in time at a collection point, the entrepreneur's responsibility and the right to reimbursement lapse.
Article 12 - Term transactions: duration, termination and renewal
Termination
The consumer may terminate an open-ended contract that has been concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or the provision of services at any time at the end of the term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may amend the agreements referred to in the previous paragraphs:
end at any time and not be limited to a specific date or period;
terminate at least in the same way as they were concluded;
always end with the same notice period that the entrepreneur has set for himself.
Extension
A contract that has been concluded for a definite period and that extends to the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or the provision of services can only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract relates to the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed duration is not permitted for reasons of reasonableness and fairness.
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 referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to notify the trader immediately of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
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 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the operator's obligations, unless the operator indicates otherwise in writing.
If a complaint is found to be justified by the Operator, the Operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.