Delivery & Terms
Delivery time is 14 workdays from date of order confirmation. During Bank Holidays/ Festive Season delivery times may vary, please contact me if you need your print by a specific date.
Delivery cost within The Netherlands are €10 for size 20x30cm and €20 for 60x90cm and 70x105cm.
Delivery costs will not be applicable if you choose to collect the print in Montfoort, The Netherlands (this is by appointment only).
Would you like to have your print sent to an address outside The Netherlands? Then please contact me so we can discuss the best delivery option.
Terms
Article 1 - Definitions
In these conditions:
1. Reflection period: the period within which the consumer can make use of his or her right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
3. Continuing agreement: a distance agreement with regard to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
4. Day: calendar day;
5. Right of withdrawal / right of return: the possibility for the consumer to cancel the distance agreement within the reflection period;
6. Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
7. Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products and / or services, whereby up to and including the conclusion of the agreement one or more techniques for distance communication are used;
8. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Helene Pors
Telephone number: +31 (0)653443469
E-mail address: helene.pors@icloud.com
Chamber of Commerce number: 72819812
VAT identification number: NL002014563B52
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between entrepreneur and consumer.
2. These general terms and conditions can be consulted on the website www.helenepors.com and will be provided free of charge upon request.
3. In the event that in addition to these general terms and conditions, specific product or service conditions apply, paragraph 2 shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to him or her.
4. If one or more provisions in these general terms and conditions are at any time invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way and the relevant provisions will be replaced by provisions that are valid and enforceable and that come closest to expressing the intention of the invalid, void or unenforceable provisions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. Offers are without obligation. The entrepreneur is entitled to withdraw, change and adjust offers.
3. Offer contain 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 offered products and / or services. Obvious mistakes or obvious errors in an offer do not bind the entrepreneur.
4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of that offer.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, an agreement is concluded at the moment of acceptance by the consumer of an offer and the fulfilment of the relevant conditions.
2. If the consumer has accepted an offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of that offer. Until receipt of such acceptance is confirmed by the entrepreneur, the consumer can cancel the agreement.
3. If an agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data she will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may to the extent permitted by law make inquiries as to whether the consumer can meet his or her payment obligations, as well as to all other facts and circumstance that may be relevant factors in connection with the conclusion of an agreement. If the entrepreneur on the basis of information so acquired has good reasons not to enter into an agreement, she is entitled to refuse an order or to attach conditions to that agreement.
Article 6 - Right of withdrawal
1. In the case of a distance agreement for the purchase of products or services, the consumer has the possibility to cancel the agreement without giving any reason within 14 days. This reflection 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 or, in the case of services on the day following the conclusion of the agreement. Furthermore, paragraphs 2 to 4 apply to distance agreements for the purchase of products.
2. During the reflection period, the consumer will handle the product and packaging carefully. He or she will only unpack or use the product to the extent that this is necessary to assess whether he or she wishes to keep the product. If he or she makes use of his or her right of withdrawal, he or she 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.
3. If the consumer wishes to make use of his or her right of withdrawal, he or she is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of a contact option stated on the website. After the consumer has made it known that he or she wishes to make use of his or her right of withdrawal, the customer must return the product within 14 days. The consumer may return the product with his or her own transport or through a professional transporter. The consumer must prove that the delivered goods have been returned timely and expertly, for example by means of proof of shipment. If desired, the consumer can use the return shipping service provided by the entrepreneur.
4. If the consumer has paid an amount, the entrepreneur will refund this amount within 7 days after receipt of the returned product, or conclusive proof of complete return.
5. If the customer has not made use of his or her right of withdrawal or returned the product within the periods mentioned in paragraphs 2 and 3, the sale is a fact.
6. If the consumer makes use of his or her right of withdrawal after having first expressly requested that the provision of services commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the moment of withdrawal compared with full compliance with the commitment.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his or her right of withdrawal, only the costs of returning the goods are for his or her account.
2. If the consumer uses the return shipping service of the entrepreneur, the relevant carrier (third party) will determine the market-based shipping costs and invoice the consumer.
3. If the entrepreneur pays the return shipping costs, the trader will deduct the costs from the carrier concerned if possible from the refund payable to the consumer. If the product has not yet been paid, the entrepreneur will make a payment request to the consumer
Article 8 - Exclusion of right of withdrawal and customization
1. The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer or at least prior the conclusion of the agreement:
a. Products that have been created by the entrepreneur in accordance with the specifications of the consumer and / or that are clearly personal in nature.
b. The delivery of digital content other than on a tangible medium, but only if:
(i) the entrepreneur started work on this with the express prior consent of the consumer; and
(ii) the consumer has stated that he or she thereby loses his or her right of withdrawal.
2. The entrepreneur is entitled to include work or copies of work commissioned by a consumer in the selection and to sell such work or copies of such work, unless there is copyright of the consumer.
Article 9 - The price
1. During the period mentioned in an offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Price increases within 3 months after the conclusion of an agreement are only permitted if they are the result of statutory regulations or provisions.
3. Price increases from 3 months after the conclusion of an agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to cancel the relevant agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. 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
1. 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 laws and regulations applicable on the date of the conclusion of the agreement.
2. 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 agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur within 7 days after delivery. Return of the products must be in the original packaging and in new condition.
Article 11 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. The company will execute accepted orders according to the delivery periods stated or jointly agreed on the website, unless the consumer has (later) 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 notice of this within a reasonable period of time. In that case, the consumer has no right to dissolve the agreement or the right to compensation.
4. All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. Only if the (indicative) delivery time is exceeded by 100% does the consumer have the right to cancel the agreement without any costs. Exceeding a term does not entitle the consumer to (additional) compensation.
5. In case of dissolution in accordance with paragraph 4 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 termination.
6.If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available in consultation with the consumer.
7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 -Continuing agreements: duration, termination and extension
1. The consumer may cancel an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products or services, at any time with due observance of the agreed cancellation rules and a notice period of up to one month.
2. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be implicitly extended or renewed for a fixed term and may only be implicitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of up to one month.
3. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of up to one month.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the reflection period referred to in article 6 paragraph 1 or, in the event of an agreement to provide a service, within 7 working days after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur has the right, subject to applicable law, to charge reasonable costs made known to the consumer beforehand.
Article 14 - Complaints procedure
1. 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.
2. 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 when the consumer can expect a more detailed answer.
3. The consumer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation.
Article 15 - Applicable law and choice of law
1. All legal relationships with the entrepreneur are governed by Dutch law.
2. Any dispute shall be submitted in the first instance to the District Court of Amsterdam, the Netherlands.
2. The United nations Convention on Contracts for the International Sale of Goods does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.