Index:
Article 1 - Definitions
Article 2 - Identity of Bodystamps.com
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 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Complaints
Article 13 - Disputes
Article 14 - Additional or different terms
Article 1 - Definitions
In these conditions, the following definitions apply:
Grace period: The period within which the customer can use his right of withdrawal;
Customer: The natural person acting for himself or for professional or business reasons and who enters into a distance contract with Bodystamps.com;
Day: Calendar day;
Durable medium: Any instrument which enables the client or Bodystamps.com to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
Right of withdrawal: You have the right to cancel the contract on which your order is based within 14 days and without giving a reason. The cancellation period is 14 days from the day on which you, or a third party named by you (but not the shipper), take possession of the final goods ordered.
Standard form: The withdrawal form available from Bodystamps.com that a customer can fill when he wants to use his right of withdrawal.
Bodystamps.com: The trade name for the activities that have been placed on this website as part of the corporation PostBeeld BV.;
Distance contract: Any contract concerning goods or services concluded between Bodystamps.com and a customer under an organised distance sales or service provision scheme run by Bodystamps.com who, for the purpose of the contract, makes exclusive use of one or more means of distance communication, up to and including the moment at which the contract is concluded;
Technique for distance communication: A means that can be used for the conclusion of a contract, without the client and Bodystamps.com having to come together simultaneously in the same space;
General Conditions: These Terms of Bodystamps.com
Article 2 - Identity of Bodystamps.com
Bodystamps.com is part of Postbeeld BV.
Emrikweg 26b
2031 BT Haarlem
Tel: 023-5272136
Info@postbeeld.com
Commercial Register: 34053950
VAT identification number: NL817777003B01
Article 3 - Applicability
These general conditions apply to every offer of Bodystamps.com and any agreement reached at a distance on orders between Bodystamps.com and the customer.
Situations that are not covered by these general conditions should be assessed ‘in the spirit’ of these terms and conditions.
Article 4 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated.
The offer is non-binding. Bodystamps.com is entitled to change or adjust the offer.
The offer includes the best possible description, sometimes from the manufacturer, sometimes supplemented in accordance with descriptions made by Bodystamps.com. Obvious mistakes or errors in the offer made by Bodystamps.com are not binding.
All images, information and specifications in the offer are indicative and may not lead to damages or termination of the agreement.
Product images are a true representation of the product. Bodystamps.com can not guarantee that the colours displayed exactly match the actual colours of the product.
All sale prices include VAT. Any costs of shipping are visible before finalising the order via the website.
Article 5 - The contract
Bodystamps.com only takes orders made on its website via the shopping cart system. Orders either by phone or by other means will not be accepted.
Bodystamps.com only accepts orders which are paid in full. Either directly through our Payment Provider (Multisafepay) when placing the order, or after placing the order by bank transfer to bank account NL78 INGB 0003 0621 67 in the name of PostBeeld Haarlem. In the latter case, the items are definitively reserved at the time of receipt of payment.
In principle, all orderable products are available from stock. In practise, there is a small possibility that this might not be the case, due to errors in the system or inventory management. In that case Bodystamps.com will immediately contact the customer and provide consultation for resolution or refund.
The customer is fully responsible for providing the correct shipping address. Bodystamps.com is explicitly not responsible for any goods delivered to a wrong address. The customer should carefully check that the correct address has been provided before completing any order. After the order has been placed it is not possible to change the delivery address.
Article 6 - Right of withdrawal
When delivering products:
When purchasing products, the customer has the option to terminate the agreement without giving any reason within 14 days.
During this period the customer should handle the product and packaging with great care. He should examine the delivered item(s) only to the extent necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will return the product with all accessories and packaging in their original condition to Bodystamps.com in accordance with the reasonable and clear instructions set out by Bodystamps.com.
If the customer wishes to use his right of withdrawal, he is required within 14 days after receipt of the product to make it known to Bodystamps.com., who must notify the customer to do so by completing the standard form which will be provided by Bodystamps.com. After the customer has expressed the wish to make use of his right of withdrawal, the customer must return the product within 7 days of receipt of return instructions sent by Bodystamps.com. The customer must prove that the goods are returned on time, for example through a proof of postage.
Article 7 - Costs in case of withdrawal
If the customer exercises his right of withdrawal, shipping costs for returned items will be paid by the customer.
Bodystamps.com will refund to the customer the amount paid as soon as possible, but no later than 7 days after receipt of the product,.
Article 8 - Exclusion of right of withdrawal
Bodystamps.com can exclude the right of withdrawal for the customer for products specially established in accordance with customer specifications, which are clearly personal in nature, magazines, audio and video recordings and computer software whereby the customer has broken the seal and for delivered new products which have, on return, clearly been used.
Article 9 - The price
Prices can be modified at any time, but never for items at the time of order. In the case of delayed payment, the applicable term is 14 days from the time of order.
The rates in the range of products are in Euros and include VAT, unless clearly stated otherwise.
All prices are subject to typing errors.
Article 10 - Compliance and Warranty
Bodystamps.com provides full warranty on the products delivered. Any defects or faulty goods should be reported in writing to Bodystamps.com. within 4 weeks of delivery. Goods must be returned in original packaging and in original condition.
The warranty period, if any, shall be consistent with the manufacturer's warranty period. However Bodystamps.com is never responsible for the ultimate suitability of the product for each individual application by the customer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The customer has repaired or modified the product himself or the product has been repaired and or modified by a third party;
The delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of Bodystamps.com and / or instructions on the packaging;
The defectiveness is due entirely or partly to regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
Bodystamps.com will exercise the greatest possible care when receiving and implementing orders for products and when answering questions about the delivery of the product.
The place of delivery is the address that the customer has notified the company (see also the provisions in Article 5).
Basically Bodystamps.com supplies everything from stock and will dispatch within two working days (Monday-Friday). Where a particular item is not in stock Bodystamps.com will inform the customer within two working days and make a new supply agreement. If the client has a delayed delivery or ultimately a non-deliverable product he is not entitled to compensation. If a product is unavailable Bodystamps.com will refund the customer within seven days from the time that the product could not be delivered.
The risk of damage and / or loss of products rests with Bodystamps.com until the moment of delivery at the shipping address indicated by the customer, unless otherwise agreed.
Article 12 - Complaints
Bodystamps.com takes every complaint seriously and will always seek to resolve it to the satisfaction of the customer.
Complaints about the implementation of the agreement must be made fully and clearly described to Bodystamps.com, within 7 days after the customer has discovered the defects.
Bodystamps.com will deal with any complaint as soon as possible and at the latest within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, Bodystamps.com will contact the customer within the period of 14 days, confirming receipt and indicating when the customer can expect a more detailed answer.
When there is a complaint the client should first contact Bodystamps.com. For complaints that cannot be solved by mutual agreement, the customer has the ability for the complaint to be handled by Stichting Dispute Online (www.geschilonline.com), the decision thereof is binding and both Bodystamps.com and the complainant must abide with the judgment. To submit a dispute to the arbitration board there are costs that must be paid by the customer to the appropriate committee. It is also possible to register complaints through the European ODR platform (http://ec.europa.eu/odr).
Article 13 - Disputes
Contracts between the customer and Bodystamps.com to which these general conditions apply, are only applicable under Dutch law. Even if the customer is resident abroad.
The CISG (Contracts for the International Sale of Goods) does not apply.
Article 14 - Additional or different terms
Additions to these terms and conditions, may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable medium.