General Terms and Conditions of Gelukspoppetjes.eu (hereinafter referred to as Artasja), is part of Artasja, creative and sporting applications VOF and has been registered with the Chamber of Commerce East Brabant under number 96023376 since its inception on January 1, 2006. VAT number NL867435288B01, located in Veldhoven, version valid from November 15, 2015. Our EORI number is NL867435288.
General
These terms and conditions apply to all Artasja offers. They are publicly accessible and can be found on the Artasja website. We will send you a written copy upon request.
By placing an order, you agree to the terms of delivery and payment. Artasja reserves the right to change its terms of delivery and/or payment after the expiration of the term.
Unless otherwise agreed in writing, general or specific terms or conditions of third parties are not recognized by Artasja.
Artasja guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Delivery
Delivery will take place while stocks last.
In accordance with distance selling regulations, Artasja will fulfill orders within 30 days. If this is not possible (because the item ordered is out of stock or no longer available), or if there is a delay for other reasons, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notification within one month of placing the order and will then have the right to cancel the order free of charge and without notice of default.
Artasja's delivery obligation will be fulfilled, unless proven otherwise, once the goods delivered by Artasja have been offered to the customer once. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer of delivery.
All delivery dates stated on the website are indicative. Therefore, no rights can be derived from these dates.
If you would like to use a newsletter offer, it will remain valid until the next newsletter is sent. Don't forget to include the newsletter's comment; we can't change this later.
Prices
Prices will not be increased during the offer period unless legal measures make this necessary or if the manufacturer implements interim price increases.
All prices on the website are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors.
All prices on the site are per piece (unless otherwise stated), in EURO and include 21% VAT.
Discount codes may never be redeemed for agreements with companies. This applies to pre-packaged packages for companies, as well as stall rentals and advertisements.
Inspection period / right of withdrawal
In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within 14 business days without giving a reason. This period begins when the ordered items are delivered. If the buyer has not returned the delivered items to Artasja after this period, the purchase is final. Before returning the items, the buyer is obligated to notify Artasja in writing within 14 business days of delivery. The buyer must prove that the delivered items were returned on time, for example, by means of proof of postal delivery. Items must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Pliers are packaged so that they are clearly visible and must not have been removed from their original packaging. If the items have been used, encumbered, or damaged in any way by the buyer, the right of withdrawal as defined in this section lapses. Subject to the provisions of the previous sentence, Artasja will ensure that the full purchase price, including the shipping costs (shipping costs only if this concerns the entire order), is refunded to the buyer within 14 days of receipt of the returned shipment. Returning the delivered items is entirely at the buyer's expense and risk.
The right of withdrawal, as described in the previous paragraph, applies only to delivered goods. We will only process returns if accompanied by a letter stating the order number, name or order number, and the account number to which the refund should be credited.
The right of withdrawal does not apply to:
services the performance of which, with the consent of the consumer, has begun before the period of seven working days goods or services the price of which is subject to fluctuations on the financial market over which the supplier has no influence goods that have been specially composed or manufactured, for example a surprise package, key rings with text or name, handmade lucky dolls, printed matter and custom work, for example items that are cut to a length especially for you, or that have a clearly personal character goods or services that cannot be returned by their nature, for example for reasons of hygiene (e.g. earrings) or that can spoil or age quickly.
All lucky dolls are hand-painted and are not covered by the warranty if they do not exactly match the image on the website. Color and small size variations are also not covered by the warranty.
By handmade lucky dolls we mean the lucky dolls and/or angels we make by hand from string, pins, or beads, as you can find in the "handmade lucky dolls" subcategory.
If the customer chooses to ship via parcel post, the shipping costs are never refundable if the package is returned because it was not accepted. If the customer wants the shipment resent, the actual shipping costs must always be paid first. If the customer wants to cancel the returned order, the actual shipping costs will be deducted from the refund amount.
Data management
If you place an order with Artasja, your information will be stored in Artasja's customer database. Artasja complies with the Personal Data Protection Act and will not share your information with third parties. See our Privacy Policy.
Artasja respects the privacy of users of its website and ensures that your personal data is treated confidentially.
In some cases, Artasja uses a mailing list to which you have subscribed. Each mailing includes instructions for removing yourself from this list.
Warranty
Artasja guarantees that the products it supplies meet the requirements of usability, reliability, and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty for the product supplied to you.
Artasja's warranty period corresponds to the manufacturer's warranty period. However, Artasja is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
The buyer is obligated to inspect the delivered goods immediately upon receipt. If the delivered item appears to be incorrect, defective, or incomplete, the buyer must immediately report these defects to Artasja in writing (before returning them to Artasja). Any defects or incorrectly delivered goods must and can be reported to Artasja in writing no later than two months after delivery. Returns must be made in the original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage occurring after discovery of a defect, encumberment, and/or resale after discovery of a defect, will completely void the right to complain and return the goods.
If Artasja finds the buyer's complaints to be justified, Artasja will, at its discretion, replace the delivered goods free of charge or make a written arrangement with the buyer regarding compensation, provided that Artasja's liability, and therefore the amount of compensation, is always limited to the invoice amount of the goods in question, or (at Artasja's discretion) to the maximum amount covered by Artasja's liability insurance in the relevant case. Artasja accepts no liability for any other form of damage, including additional compensation in any form whatsoever, compensation for indirect or consequential damage, or damage due to lost profits.
Artasja is not liable for damage caused intentionally or by gross negligence of non-managerial staff.
This warranty does not apply if: A) and for as long as the purchaser is in default towards Artasja; B) the purchaser has repaired and/or processed the delivered goods themselves or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of Artasja and/or the instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
Offers
Offers are without obligation, unless otherwise stated in the offer.
If the buyer accepts a non-binding offer, Artasja reserves the right to revoke or deviate from the offer within 3 working days of receipt of that acceptance.
Oral commitments only bind Artasja after they have been expressly confirmed in writing.
Artasja offers do not automatically apply to reorders. Offers exclude shipping costs, even if the order exceeds a certain amount.
Artasja cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious error or mistake.
Additions, changes and/or further agreements are only valid if agreed in writing.
Agreement
An agreement between Artasja and a customer is concluded after an order has been assessed for feasibility by Artasja.
Artasja reserves the right to refuse orders or assignments without giving reasons, or to accept them only on the condition that shipment is made cash on delivery or after advance payment.
Images and specifications
All images, photos, drawings, etc., including data regarding weights, dimensions, colors, images of labels, etc., on the Artasja website are approximate only, are indicative, and cannot give rise to compensation or termination of the agreement.
If you order items from us as an online store and wish to use our photos, you can request permission. If we grant permission, we will always add your name to the copyrighted photos and email them to you. The right to use the photos is valid for two years from the date of issue. After that date, you must remove the photo from your site or request a new one from us, with a two-year right of use. Naturally, you may not give permission to third parties to use these photos.
If you wish to use our photos for commercial purposes, you must always request this in writing. All our photos are copyrighted.
Force majeur
Artasja shall not be liable if and to the extent that its obligations cannot be fulfilled as a result of force majeure.
Force majeure is defined as any external cause, as well as any circumstance that cannot reasonably be considered to be at our risk. Delays or non-performance by our suppliers, internet disruptions, power outages, email disruptions, and disruptions or changes to technology provided by third parties, transportation difficulties, strikes, government measures, supply delays, negligence by Artasja's suppliers and/or manufacturers, as well as their assistants, illness among personnel, and defects in auxiliary equipment or means of transport are expressly considered force majeure.
In the event of force majeure, Artasja reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. Under no circumstances is Artasja obligated to pay any fines or damages.
If, upon the occurrence of force majeure, Artasja has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the part that can be delivered, and the buyer is obligated to pay this invoice as if it were a separate contract. This does not apply, however, if the part already delivered or the part that can be delivered has no independent value.
If the carrier loses the shipment and Artasja can prove it was shipped, we will reimburse you for the amount the carrier reimbursed us. This does not apply if you choose insured shipping, in which case Artasja will reimburse you for the full amount of your order.
If you choose to ship by letterbox post, we cannot guarantee that the contents will not be broken. This is a force majeure situation, as we don't know how the carrier will handle the envelope. Artasja will, of course, properly package your order in a bubble envelope. We therefore always recommend choosing parcel post.
Liability
Artasja is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website. The products on our website are not suitable for young children due to the risk of physical injury. Therefore, you must keep these products out of reach of children at all times.
Retention of title
Ownership of all goods sold and delivered by Artasja to the purchaser remains with Artasja as long as the purchaser has not paid Artasja’s claims under the agreement or previous or subsequent similar agreements, as long as the purchaser has not paid for the work performed or yet to be performed under this or similar agreements and as long as the purchaser has not paid Artasja’s claims due to failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
The items delivered by Artasja that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
The purchaser is not authorised to pledge or otherwise encumber the items subject to the retention of title.
The purchaser hereby gives unconditional and irrevocable permission to Artasja or a third party to be appointed by Artasja to enter all places where its properties will be located and to take those items with it in all cases in which Artasja wishes to exercise its ownership rights.
If third parties seize goods delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform Artasja thereof as soon as may reasonably be expected.
The purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Artasja upon first request.
Applicable law / competent court
Dutch law applies to all agreements.
Disputes arising from an agreement between Artasja and the buyer that cannot be resolved by mutual agreement will be heard by the competent court within the district of Eindhoven, unless Artasja prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.
