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General Terms and Conditions Tabula Rasa Pugs
Article 1 About
Tabula Rasa Pugs is a partnership business (Vennootschap onder Firma), located at Barcelonaplein 79, 1019 LX Amsterdam (no visiting address).
Lina Andersson and Ben O’Loughlin are the proud partners and owners of Tabula Rasa Pugs.
The address of our website is www.tabularasapugs.com
You can reach Tabula Rasa Pugs in the following ways:
Via the contact form on our website
If you would like to talk to us, you can! Please send us your number and we will call you.
Chamber of Commerce number: 78214505
Article 2 Definitions
We would like to explain some definitions to you that occur more often in these terms and conditions.
With the terms we, us and our, we mean Tabula Rasa Pugs, as described in article 1 of these terms and conditions. We are the user of these general terms and conditions.
When we talk about you and your, we mean you as our dear customer, the natural person who would like to buy something in our Tabula Rasa Pugs Webshop.
With parties, we mean you and us together.
A day means a calendar day and not a working day.
Written is for us on paper or by e-mail.
By the right of withdrawal, we mean the possibility for you as consumer to withdraw/cancel your distance contract within a period of 14 days, the so-called reflection period. This distance contract is a contract concluded by parties within the scope of an organised system for distance selling products and/or services (our Webshop), whereby exclusively use is made of one or more technologies of distance communication up to conclusion of the contract.
Article 3 Applicability
These general terms and conditions apply to all our offers, as well as to all agreements that we conclude with you. These general terms and conditions also apply in the event of additional work or a follow-up assignment. Before the agreement is concluded (distance contract), we will provide you with these conditions, of course free of charge. We also make sure you will have the opportunity to store these terms and conditions on your own computer so you will always have the possibility to consult them whenever you like.
Deviation from these terms and conditions is only possible if the parties explicitly agree in writing. If the parties agree, the deviation only applies to the agreement for which the deviation has been agreed. You cannot rely on this deviation for other (future) agreements with us.
If separate terms and conditions apply to a specific product/service, we will inform you specifically. However, our own general terms and conditions remain unaffected.
We may unilaterally amend or supplement these general terms and conditions. In case of applicable changes during the term of an offer, the most favorable provision will prevail for you.
Our general terms and conditions also apply if the services of third parties are used for the execution of the agreement.
If one or more provisions of these general terms and conditions are at any time partially or completely void or annulled, the other provisions will remain fully applicable. The parties will consult to agree on new provisions to replace the annulled or voided provisions. The purpose and scope of the original provisions will be respected as much as possible.
Article 4 Our offer
The offer in our Webshop is provided with all the necessary (detailed) information, so that you know exactly what you choose for and what you pay for. More specifically, this concerns:
The price including taxes;
The term for accepting the offer, or the term within which we guarantee the price;
If applicable: components/ ingredients of products;
Whether products are on stock and/or the expected delivery time;
The possible costs of delivery / shipping;
The way in which the agreement will be concluded and which actions are required for this;
Whether or not the right of withdrawal applies to products/services;
The method of payment, delivery and implementation of the agreement;
Whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by you;
How you can reach us when you have a question or a complaint;
The necessary information relating to any aftersales or warranty;
The way in which you, before concluding the agreement, can check and, if desired, restore the data you have provided to us.
When we use images, these are always indicative. We can never guarantee that the displayed colors exactly match the real colors of our products.
If an offer is of limited duration and/or in case we attach certain conditions to our offer, we will explicitly inform you about this.
If there is an obvious mistake or error in our offer, we are not bound by this. If you have any doubts as to whether something is correct or not, please feel free to contact us.
Article 5 Agreement, confirmation and duration
An agreement is only concluded:
Once you accepted the offer on our website and our Terms and Conditions as well, together with the payment obligation and;
If applicable, you met the conditions set.
We will send you a confirmation of your order as soon as possible and by email. Please check your spam folder, just in case. As long as your order has not been confirmed by us, you have the possibility to repudiate the agreement.
We are allowed, and of course within the limits of the law, to gather information about your ability to fulfil your payment obligations. If we would have sound reasons for not concluding the contract, we are lawfully entitled to refuse your order or to attach special conditions to agreement. When this is the case, we will provide you with a motivated explanation.
We will keep you informed about any change(s) or update(s) with regard to your order, until you have received your order.
Unless the parties agree otherwise, the agreement ends:
After all parties have fulfilled their (mutual) obligations under the agreement, whereby the invoice has been paid by you or;
After you terminated the agreement, due observance of a one month’s notice.
If we repeatedly deliver products/services to you, then this is a continuing performance agreement, unless agreed otherwise in writing.
A continuing performance agreement can be terminated by you by written notice, provided that you take into account a reasonable notice period of one (1) month. During this month you continue to purchase the usual amount of products/services or we will be financially compensated by you. This compensation will be the average invoice amount once upon cancellation.
Unless explicitly agreed otherwise in writing, an agreement is entered into for an indefinite period.
A fixed-term agreement is not tacitly renewed.
All agreements are entered into under the suspensive condition (s) of (sufficient) availability of the desired products.
Article 6 Execution of the agreement, delivery and warranty
We take the greatest possible care when processing and shipping your order.
We may use (the services of) third parties in the execution of the agreement.
We execute the agreement on your behalf. Third parties cannot derive any rights from (the content of) our services/products delivered by us, under whatever name or title.
If you placed an order in our Webshop, you will receive a (digital) confirmation of receipt from us as soon as possible.
If it turns out that we are not able to deliver your order or when we are only able to partially deliver your order, we will notify you and when available, we may offer you an alternative.
You also have the right to cancel the order, free of charge. If you have already made a payment, we will refund it to your bank account within 30 days after your cancellation. This is the same account number with which you also paid the order.
If we communicate certain delivery terms to you, then these delivery terms are always indicative, unless the parties explicitly agree otherwise.
We shall execute accepted orders with convenient speed but at least within 30 days unless parties already agreed on another delivery term.
The (place of) delivery details , as provided by you, will be used for delivering the order.
The risk of damage and/or loss of products lies with us until the products have been delivered to the address you provided.
We have a ‘best efforts and delivery’ obligation. We cannot therefore guarantee that our products and / services will meet your expectations. After all, expectations are personal and tastes can differ. You are therefore not entitled to (damage) compensation if our services / products do not meet your expectations.
We guarantee you that your products/services comply with the contract, with the specifications/details listed in the offer and with reasonable requirements or usability and/or reliability.
Article 7 Right of withdrawal
If you placed an order in our Webshop, you have the right to repudiate a purchase contract for a product, within 14 days (reflection period) and without giving any reason(s). This reflection period starts:
on the day after you (or the representative announced to us in advance), received the product/service or products together;
In case you ordered several products in one order, the day you received the last product(s).
We expect you to handle the product(s) and packaging(s) with care during the reflection period. You will only unpack and/or use the product to the extent necessary to (be able to) assess whether you wish to keep the product(s) or not.
If you wish to make use of the right of withdrawal, you can notify us within 14 days of receipt using our return form. We will provide you with the correct return receipt. You will then be requested to return the product (complete, thus with all delivered accessories) within 14 days after notifying. If we don’t receive the product within 14 days, the right of withdrawal expires and the purchase is irrevocable.
If you make use of the right of withdrawal, you will return the product together with the return form to us in its original condition and packaging as much as possible. Please follow the instructions given to you by us. The risk and burden of proof for the correct and timely exercise of the right of withdrawal fall on you.
If we did not inform you about your right of withdrawal in time and/or if we did not send you the return form, the reflection period expires 12 months, after the end of the original reflection period.
Article 8 Costs and refund in case of withdrawal
The costs for the return are for your account.
If we have received the product (s) on time, undamaged and according to the given instructions, we will refund you within 14 days. The refund will be made by us via the same payment method that you used at the time of purchase, unless you give permission for a different payment method.
In the event of damage or if you have handled the product (s) carelessly, you are liable for any decrease in value.
Artikel 9 Exclusion of the right of withdrawal
We are allowed to exclude the following products and/or services from the right of withdrawal. We already notified this to you when we made you the offer and/or before concluding the agreement:
Products manufactured in accordance with your specifications which are not prefabricated and which is based on your own choice or decision or which are intended for a specific person;
Perishable products and/or products with a limited durability;
Delivery of digital content other than on a physical carrier but only if:
the performance was started with your explicit prior consent; you stated that you will lose your right of withdrawal by doing so.
Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
Products which from their nature are irreversibly mixed with other products;
Vouchers or gift cards (In addition, vouchers and/or gift cards can never be exchanged for money).
Article 10 Prices and payment
Unless explicitly stated otherwise, all prices are:
If applicable, exclusive of any shipping / delivery costs;
Excluding any other government levies;
Excluding any costs that we have to incur in carrying out the assignment.
We have the right to adjust our prices.
In our webshop we offer you various payment options via a secure online payment environment.
You will receive our invoices digitally.
Our maximum payment term is 14 days.
If you do not pay in time, we will point this out to you. Then you will be given a further period of 14 days to fulfill your payment obligation. If you still have not paid by then, you will owe us the statutory interest on the outstanding amount after the expiry of those 14 days until you pay the amount. We also charge you for the extrajudicial collection costs incurred by us.
These (collection) costs amount to a maximum of:
• 15% on outstanding amounts up to € 2,500.00
• 10% on the subsequent € 2,500.00
• 5% on the next € 5,000.00
• Each time with a minimum of € 40.00
As long as you have not yet paid the total amount owed to us, or have not paid in full, we retain full ownership (retention of title) for all goods delivered and to be delivered. Any damage and / or destruction of these goods are entirely at your risk and your expense.
Article 11 Responsibility:
We cannot be held responsible for:
Your errors and / or shortcomings in the information, (address) data that you have provided to us;
Misunderstandings, errors or shortcomings with regard to the performance of the agreement, if these are caused or caused by your actions;
Damage caused by you;
Certain results and / or expectations of you (best efforts obligation!);
Failure to comply with any instructions or regulations we have given you;
Exposing the products supplied by us to abnormal conditions.
Shortcomings in the performance of the agreement cannot be attributed to us if they are not due to our fault, nor are they my responsibility under the law, the agreement or generally accepted beliefs (force majeure).
Article 12 Complaints
If you have a complaint about the execution of the agreement, we would like to be informed. We have a complaints procedure for such cases.
It is your responsibility to report a complaint to us in writing within a reasonable time after you have discovered a defect. You must describe your complaint completely and clearly.
You will receive feedback from us within 14 days after we received your complaint.
You must in any case give us four weeks to resolve a complaint in mutual consultation with you. If it is not resolved after this period of four weeks, a dispute arises.
We think your privacy is very important and we therefore handle your data with care. You can read how we do this in our privacy statement on our website.
Your data will only be stored and used for the implementation of the agreement.
In order to guarantee the security of the website as well as possible, we take the necessary measures and we will carry out the necessary updates or have them carried out in a timely manner.
Article 14 Disputes
Dutch law exclusively applies to agreements between you and us to which these general terms and conditions apply. The law determines which court is competent to hear a dispute.
The Vienna Sales Convention does not apply.
Version 1.1, September 2020