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Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

  1. Customer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the merchant;
  2. Trader: the natural or legal person offering products and/or services to customers at a distance.
  3. Day: working day
  4. Withdrawal period: the period within which the customer can exercise his right of withdrawal.
  5. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
  6. Durable medium: any means which enables the customer or merchant to store information addressed personally to him in a way which allows future consultation and unaltered reproduction of the stored information.
  7. Right of withdrawal: the possibility for the customer to withdraw from the distance contract within the cooling-off period;
  8. Warranty: a voluntary statement regarding the quality of the Goods by the Warranty Provider, which indicates the obligations of the Warranty Provider and the rights of the Buyer if the Goods sold do not have the properties stated in the warranty statement. The Guarantor’s warranty statements will be attached to the Goods covered by the warranty.
  9. Guarantor: the entrepreneur who submitted the warranty statement, e.g. the manufacturer, importer, distributor of the Goods or the Seller, if it is the Seller who submitted the warranty statement.
  10. Model form: the model withdrawal form made available by the trader, which the customer can fill in when he wants to exercise his right of withdrawal.
  11. Distance contract: a contract which, in the context of a system organised by the trader for the distance sale of products and/or services, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;
  12. Technique for distance communication: means that can be used for concluding an agreement without the customer and trader being together in the same room at the same time.
  13. General Conditions: the present General Conditions of the merchant.

 

Algemene voorwaarden:de onderhavige algemene voorwaarden van de verkoper.

SENPO sp. z o.o. sp.k.
ul. Krzywoustego 68
61-144 Poznań
Polen
E-mail adres: shop@senpo.pl
NIP: 782 288 75 30

If the operator’s activity is subject to a relevant licensing regime:
Details of the supervisory authority:
If the entrepreneur practices a regulated profession:

    1. a. the professional association or organisation to which he is affiliated;
    2. b. the professional title, the place in the EU or the European Economic Area where it was awarded
    3. c. a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer.
  3. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the consumer’s request.
  4. 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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.
  5. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
  6. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.
  7. Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
  8. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted ‘in the spirit’ of these general 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 explicitly stated in the offer. The offer is non-binding, and the operator reserves the right to change and adjust the offer.
  2. The offer shall include a complete and accurate description of the products and/or services offered. The description is detailed enough to allow consumers to properly assess the offer. If the entrepreneur uses images, these should be a true representation of the products and/or services on offer. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  3. Alle afbeeldingen, specificaties en gegevens in het aanbod dienen als indicatie en kunnen geen grond zijn voor schadevergoeding of ontbinding van de overeenkomst. Images of products show a true representation of the products offered. However, the entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
  4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. These include notably:
      1. a. Price including taxes.
      2. b. Shipping costs, if any.
      3. c. The manner in which the agreement will be established and the actions required to do so.
      4. d. The applicability of the right of withdrawal.
      5. e. The method of payment, delivery and performance of the agreement.
      6. f. The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
      7. g. The amount of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used.
      8. h. Whether the contract is archived after its conclusion and, if so, how it can be accessed by the consumer.
      9. i. The way in which the consumer can check the information provided before the conclusion of the contract and rectify it if required.
      10. j. Any other languages in which, in addition to Dutch, the agreement may be concluded.
      11. k. The codes of conduct to which the trader has submitted and how the consumer can access these codes of conduct electronically.
      12. l. The minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colours, type of materials.

Article 5 – The agreement

With the exception of the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and immediately acknowledges receipt of the acceptance by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer has the option to dissolve the agreement.

When concluding the agreement by electronic means, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If electronic payment is possible, the entrepreneur will take appropriate security measures for this.

Within the legal frameworks, the trader can check whether the consumer can fulfil his payment obligations and examine relevant facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has well-founded reasons not to enter into the agreement, he has the right to refuse an order or request, stating reasons, or to attach special conditions to the execution.

With the product or service, the trader will provide the consumer with the following information, in writing or in an accessible way that can be stored by the consumer on a durable medium:

      1. a. The visiting address of the trader’s establishment to which the consumer can address complaints;
      2. b. The conditions and procedure for exercising the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
      3. c. Information on warranties and available after-sales service;
      4. d. The data mentioned in article 4 paragraph 3 of these terms and conditions, unless these data have already been provided to the consumer prior to the execution of the agreement;
      5. e. Requirements for terminating the contract in case of a duration transaction, if the contract lasts for more than one year or is of indefinite duration.

 

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

 

Article 6 – Right of withdrawal

On delivery of products:

  1. When purchasing products, consumers have the option to dissolve the contract within 14 days without giving reasons. The cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will treat the product with care and only open or use the packaging to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he should return the product with all delivered 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.
    If the consumer does not exercise his right of withdrawal within the said time limits, the purchase is considered final.
    On provision of services:
    When services are supplied, the consumer has the option to dissolve the contract within at least 14 days without giving reasons, starting from the day of entering into the contract.
    To make use of the right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the operator with the offer and/or at the latest upon delivery.

 

Article 7 – Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the cost of returning the goods will be borne by the consumer.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible but not later than 14 days after the withdrawal. This is provided the product has already been received by the merchant or you can provide convincing proof of the full refund.

 

Article 8 – Exclusion of the right of withdrawal

  1. The trader may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in good time before concluding the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
      1. a. manufactured by the entrepreneur to the consumer’s specifications;
      2. b. that are clearly personal in nature;
      3. c. which by their nature cannot be returned;
      4. d. which spoil or age quickly;
      5. e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
      6. f. for loose newspapers and magazines;
      7. g. for audio and video recordings and computer software of which the consumer has broken the seal;
      8. h. for hygiene products of which the consumer has broken the seal
  1. Exclusion of the right of withdrawal is only possible for services:
      1. a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
      2. b. whose delivery has started with the consumer’s express consent before the cooling-off period has expired;
      3. c. concerning betting and lotteries.

 

Article 9 – The price

During the stated period of validity of the offer, the prices of the products and/or services offered remain unchanged, except for price changes due to changes in VAT rates.
Notwithstanding the above, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependence on market fluctuations and the fact that any prices quoted are target prices are clarified in the offer.
Prijsverhogingen binnen 3 maanden na de totstandkoming van de overeenkomst zijn alleen toegestaan indien deze voortvloeien uit wettelijke regelingen of bepalingen.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has made specific agreements on this and:

      1. a. These are due to legal regulations or provisions; or the consumer has the right to dissolve the agreement from the day the price increase takes effect.
      2. b. The prices of products or services stated in the offer are inclusive of VAT.
      3. c. All prices are subject to printing and typesetting errors. All prices are subject to printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 – Conformity and Warranty

  1. The trader guarantees that the products and/or services comply with the concluded agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory regulations and/or government regulations applicable on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
  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.
  3. Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks of delivery. Returned products must be in their original packaging and in new condition.
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  6. The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
      1. a. The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of the entrepreneur and/or the packaging;
      2. b. The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

 

Article 11 – Delivery and execution

  1. The entrepreneur will take the utmost care when receiving and fulfilling product orders and when assessing requests for services. The delivery address provided by the consumer to the company shall count as the place of delivery.
  2. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders urgently, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery or if an order cannot be fulfilled in full or in part, the consumer will be informed within 30 days of placing the order. In this case, the consumer has the right to rescind the contract without charge, without any right to compensation.
  3. All delivery times mentioned are indicative, and consumers cannot derive any rights from them. Exceeding a deadline does not entitle the consumer to compensation. Upon dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  4. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make available a replacement article. Consumers will be informed clearly and comprehensibly about the delivery of a replacement item upon delivery. For replacement items, the right of withdrawal remains in force. Any costs for return shipment shall be borne by the entrepreneur.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 – Duration transactions: duration, termination and renewal

  1. Consumers may at any time terminate an open-ended contract whose purpose is the regular supply of products (including electricity) or services, subject to agreed termination rules and a notice period of up to one month.
  2. For a fixed-term contract aimed at the regular supply of products (including electricity) or services, the consumer may terminate at any time towards the end of the fixed term. This should be done subject to agreed termination rules and a notice period of up to one month.
  3. Consumers may cancel the said agreements at any time, without limitation to a specific time or period. Termination may take place in at least the same way as the way the agreement was entered into. The notice period is equal to that stipulated by the entrepreneur for himself.
  4. A fixed-term contract aimed at regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term. Exceptions apply to specific agreements as mentioned in the law.
  5. In case of tacit renewal of specific contracts, the consumer can terminate them at the end of the renewal, with a notice period of up to one month.
  6. A limited-term contract aimed at regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
  7. For contracts with a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose early termination.

 

Article 13 – Payment

  1. Unless otherwise agreed, amounts due by the consumer should be paid within 7 working days from the start of the cooling-off period, as stated in Article 6(1). For services, this period starts after the consumer receives the confirmation of the contract.
  2. The consumer has a duty to report inaccuracies in payment details provided to the operator without delay.
  3. In case of non-payment, subject to legal restrictions, the operator has the right to charge reasonable costs which have been disclosed to the consumer in advance.

 

Article 14 – Complaints procedure

The operator has a clearly publicised complaints procedure and handles complaints in accordance with this procedure.

  1. Complaints relating to the performance of the contract must be submitted to the entrepreneur fully and clearly within 7 days of the discovery of the defects.
  2. Complaints submitted to the entrepreneur will be answered within 14 days of receipt.
  3. If the nature of the complaint requires a foreseeably longer processing time, the consumer will receive a confirmation of receipt within the 14-day period with an indication of when a more comprehensive response can be expected.
  4. If a complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to dispute resolution.
  5. In case of a dispute, the consumer should turn to the entrepreneur in the first instance.
  6. If no solution is reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision.
  7. Submitting a dispute to this dispute committee involves a fee, which must be paid by the consumer to the relevant committee.
  8. A complaint does not suspend the operator’s obligations unless the operator indicates otherwise in writing.
  9. If a complaint is found to be justified by the operator, the operator will, at its discretion, replace or repair the delivered products free of charge.

 

Article 15 – Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer is resident abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 16 – Additional or different provisions

Additional provisions or provisions 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 data carrier.linked terms and conditions.