Phoenix Urns®

General terms and conditions for delivery

Index:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - The price

Article 8 - Conformity and warranty

Article 9 - Delivery and execution

Article 10 - Payment

Article 11 - Complaints procedure

Article 12 - Disputes

Article 13 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;

2. Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur; But also: the natural person who acts in the exercise of a profession or business, and who enters into a distance contract with the entrepreneur.

3. Day: calendar day;

4. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unaltered reproduction of the stored information.

5. Right of withdrawal: the option for the consumer to waive the distance contract within the reflection period (not applicable for customised orders).

6. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

7. Distance contract: an agreement in which, in the context of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

8. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

9. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Lotus Ceramic Arts / Phoenix Urns Business address: Houtlaan 167, 9403 EZ Assen; Visiting address, idem (by appointment only); Tel. no. 0031-6.111.51.434 – during office hours (9 a.m. – 6 p.m.) Chamber of Commerce number: 04073185 VAT identification number: NL002046506B73

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract and orders between entrepreneur and consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. 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 the consumer can be stored in a simple way on a durable data carrier. 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 free of charge at the request of the consumer electronically or otherwise.

4 . In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. most favorable.5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, then the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced by a provision in mutual consultation without delay. of the original as closely as possible.6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.5. Images accompanying products are a true representation of the products offered. Because the products are handmade and painted by hand, the entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products. 6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: • the price including taxes; • any shipping costs; • the manner in which the agreement will be concluded and which actions are required; • whether or not the right of withdrawal is applicable; • the method of payment, delivery and performance of the agreement; • the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price; • whether the agreement will be archived after its conclusion, and if so, how this will be can be consulted by the consumer; • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them; • any other languages in which, in addition to Dutch, the agreement can be concluded; • the available sizes, colors and type of materials of the products

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

5. The entrepreneur will send the following information to the consumer 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 data carrier:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing after-sales service;

d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. Every agreement is entered into under the conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

1. Products ordered from the Phoenix Urns website are made to measure according to the specifications entered by the consumer. The right of withdrawal therefore does not apply. The sale is thus final after successful payment, or after receipt of the order confirmation from the entrepreneur. Despite this rule, the entrepreneur (Phoenix Urnen) still offers the consumer the option to cancel the order within 7 days after ordering. Cancellation of the order must be reported by e-mail, preferably as a response to the order confirmation e-mail received from the entrepreneur. If it concerns an urgent order agreed with the consumer, cancellation is not possible.

Exclusion of the right of withdrawal applies to products that: a. have been created by the entrepreneur after an order by and in accordance with the specifications of the consumer (customization). b. are clearly personal in nature;

Article 7 - The price

1. 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 as a result of changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices are stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

5. Only the Dutch price lists that are available on the website are including VAT (valid for orders from The Netherlands only). For orders from abroad (EU orders and outside EU orders): please contact us for an exact quote including shipping. 

6. All prices are subject to printing and typographical 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 according to the incorrect price.

Article 8 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations.

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 on the basis of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must take place in consultation, and in the original packaging and in new condition, and with fully insured shipping.

4. The entrepreneur's warranty period is 1 year from the date of purchase.

5. The warranty does not apply if: • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties; • The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the directions of the entrepreneur and/or on the packaging have been treated; • The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 9 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders as much as possible within the period notified to the consumer.

4. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified as soon as possible. The entrepreneur will inform the consumer several times during the manufacturing process about the expected delivery date of the order.

5. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items, unless this also concerns a customized product.

Article 10 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after ordering the product. Execution of an order/assignment starts after receipt of the payment owed by the consumer.

2. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

4. Orders from abroad: For orders from abroad (and in particular from outside the European Union), the consumer must inform himself about any additional costs for customs (import duties and VAT), and any other levies and taxes. These can differ per country, and are impossible for the entrepreneur to determine for all countries.

Article 11 - Complaints procedure

1. Complaints about the implementation of the agreement must be submitted in writing, fully and clearly described, to the entrepreneur within 7 days of receipt of the ordered product, after the consumer has discovered the defects. 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 answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

4. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

5. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 12 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.

Article 13 - Additional or deviating provisions

Additional provisions or provisions that deviate 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 the consumer can can be stored in an accessible manner on a durable data carrier.

Version 01 May 2020 - General Terms and Conditions / Delivery Conditions / Phoenix Urns